Speeding > 100 MPH, VC 22349(A)

[master2000]

My question involves a traffic ticket from the state of: California

So it was 1am, the freeway was empty, and I was eager to get home. What do you know, one of the 3 cars still on the highway was a CHP. He pulls me over and gives me a ticket. The officer didn't seem especially angry and I was polite and courteous enough. Whole exchange lasted under 3 minutes. He asked me if I knew how fast I was going and why. I just replied I wanted to get home. I know, Admission of guilt but I really wasn't going to deny it at that point.

The Approximate speed on this ticket says 100+ but I was going maybe 90-95. Plus, how can you cite a 22349(a) at 100+ ? Does that even make sense? Will the speed be lower on the actual mail in ticket or is this written up sheet what I've been dealt? This is my first infraction ever and I would really like to avoid the point on my record. Will I still be eligible for traffic school? If not, how should I best go about this?

[California student]

The Approximate speed on this ticket says 100+ but I was going maybe 90-95. Plus, how can you cite a 22349(a) at 100+ ? Does that even make sense? Will the speed be lower on the actual mail in ticket or is this written up sheet what I've been dealt? This is my first infraction ever and I would really like to avoid the point on my record. Will I still be eligible for traffic school? If not, how should I best go about this?

Get down on your hands and knees and thank your personal deity that he wrote you for 22348(b) (specific statute for speeding at 100+). 22348(b) comes out to something like $800+ ($200 base fine) while a 26 or more on a 22349 comes to something around 400+ ($100 base fine). The only difference between 90-95 over and 100 over is if you can show you were going 90, which would bring you down to the 15-25 which carries a fine at 300+. Additionally, anything in the 26+ is not automatically eligible for traffic school without seeing the judge while 22348(b) is not eligible for traffic school at all since it's a 2 point violation. Finally 22348 has a mandatory court appearance. Why is this important? Because a judge can suspend your license for up to 30 days for any violation relating to a speed of a vehicle (cvc 13200) and has a special provision authorizing it for 100+ mph cases (13200.5). My understanding is that traffic school for that speed is unlikely and a suspension is very likely. This may be one of the cases where your best bet is to pay the fine and hope that the lower fine and no required court appearance flies under the radar.

[master2000]

I'm going to go to the arraignment and hope the judge gives me a break and hands out traffic school. I went to an arraignment with my friend not too long ago and the judge was handing out reduced fines and traffic school to practically anybody who asked. My ticket is in the same county and court house so I may just get lucky. I'm just curious though. If that happens to not be the case what are the down sides to taking this to court? I would still plead guilty but hope that either the cop doesn't show up or the judge allows me to take traffic school. Could I possibly be hit with more fines?

[California student]

Here's the downside when you're flirting with 100+.

13200. Whenever any person licensed under this code is convicted of
a violation of any provision of this code relating to the speed of
vehicles or a violation of Section 23103 the court may, unless this
code makes mandatory a revocation by the department, suspend the
privilege of the person to operate a motor vehicle for a period of
not to exceed 30 days upon a first conviction, for a period of not to
exceed 60 days upon a second conviction, and for a period of not to
exceed six months upon a third or any subsequent conviction.

http://www.leginfo.ca.gov/cgi-bin/di...le=13200-13210

Emphasis added

So, he may give you traffic school... but he may also suspend your license.

[That Guy]

So it was 1am, the freeway was empty, and I was eager to get home. What do you know, one of the 3 cars still on the highway was a CHP

Wait... I thought you said the freeway was empty... Now it has 3 cars still on it?

- - - Updated - - -

Finally 22348 has a mandatory court appearance.

He may still get a mandatory court appearance for 30mph+ over. And the reason would be the same; so that the judge can admonish him on driving at such a high speed and/or impose a suspension.

[master2000]

The judge at the county court I will go to is very forgiving. As i said, the last time I went to an arraignment he gave literally everybody a reduced fine. In fact, before the proceedings he said "everybody is getting a reduced fine for showing up today" regardless of what they had done and he didn't refuse traffic school to anyone. I think my best bet is to go and hope he is having another one of those days.

[That Guy]

The judge at the county court I will go to is very forgiving. As i said, the last time I went to an arraignment he gave literally everybody a reduced fine. In fact, before the proceedings he said "everybody is getting a reduced fine for showing up today" regardless of what they had done and he didn't refuse traffic school to anyone. I think my best bet is to go and hope he is having another one of those days.

You know it is not every day that someone is caught doing 100+... So when you were in court, chances are no one had exceeded the limit by that much. Of course there are times when you appear and low and behold, it is a completely different judge, or commissioner, or pro-tem.

Hope for the best but be prepared for anything!

[master2000]

So I got my courtesy notice. It says on the notice :

"You have the following 2 options.

Pay fine
Pay fine with traffic school"

It doesn't mention anything else. I assume that means I'm eligible. I'm curious though. If I decide to show up for the arraignment to see if the commissioner is handing out reduced fines could I risk loosing the option for traffic school?

[That Guy]

So I got my courtesy notice. It says on the notice :

"You have the following 2 options.

Pay fine
Pay fine with traffic school"

I would say that is in violation of the Rules of court and is an error. But that's not what the notice says so what I think is not what counts.

I'm curious though. If I decide to show up for the arraignment to see if the commissioner is handing out reduced fines could I risk loosing the option for traffic school?

See? Now you're getting greedy! You got a major break when the officer cited you for 22349(a) instead of 22348(b);

You were hoping for traffic school which would otherwise be procedurally impossible without a request from the judge, and you receive a courtesy notice stating you have that option;

Now you want a fine reduction on top of it all...

Who knows, you could reap the benefits of all your wishes, those that are "possible" as well as those that are "likely"... A list of what's "possible" includes, a 30 day license suspension (per VC 13200), a higher fine (per PC 19.8), a reduced fine (judicial discretion), a suspended sentence (judicial discretion), a withdrawal of eligibility to traffic school... The possibilities are many!