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  1. #1
    Join Date
    Nov 2012
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    6

    Default Speeding "99+ in a 65 Zone", VC 22349(A)

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

    I was going down 280 and was extremely tired so I was dozing off every now and then and as expected a CHP pulls me over and shows me the radar for 99. He asks if there was a reason and I just said I wasn't looking at the speed. The ticket says 99+ in a 65mph zone. This is my first ticket and I was wondering what I could do about it because I looked around and found out traffic school isn't auto eligible for my speed. I also found out that if the officer doesn't show up, it'd be dismissed. Does that only happen if I plead not guilty and go to trial or does it apply for the first court date too?

    Basically, should I fight it and maybe say I was going 94 or explain to the judge and see if he dismisses it? Should I plead guilty or not? Should I see if I can find the cop and explain it to him? What are my options? Because I honestly don't have the money to pay for the fine amount or insurance hike. You could say I should've thought about that beforehand but the night before I had to work late and then study for a test that was on the day of the speeding which led to me dozing off.

    If I plead not guilty and go to trial and the cop appears and I lose, will that lessen the chance of the judge allowing me to go to traffic school? Because I'd rather pay the ticket than have the insurance hike.

    Oh and does this count as an infraction or a misdemeanor because the check box was marked "traffic." I'm trying to become a cop too so I can't have any misdemeanors or anything like that.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Quote Quoting ohsoasn
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    I looked around and found out traffic school isn't auto eligible for my speed.
    While the clerk of the court cannot offer it, the judge or commissioner can. Very often, as an incentive to plead guilty, traffic school will be dangled in front of you as an option.

    I also found out that if the officer doesn't show up, it'd be dismissed. Does that only happen if I plead not guilty and go to trial or does it apply for the first court date too?
    The first court date is the arraignment. The officer never has to appear for arraignment as that is where you make your plea and a court date is set if you want to go to trial. If the officer fails to appear for trial, your case might be dismissed. While most courts offer one last opportunity for everyone present in the trial court to plead guilty and get traffic school if they choose (and are eligible), there is no such guarantee if you are found guilty after trial.

    Basically, should I fight it and maybe say I was going 94 or explain to the judge and see if he dismisses it?
    Why should the judge dismiss it? And 94 in a 65 is the same penalty as 99 ... The court would have to find you guilty of 90 MPH in a 65 zone for it to have an impact on the $480+ fine & fees you face.

    It is up to you if you want to fight it. Do you have a valid defense? Saying you fell asleep ain't a defense because you would still have been guilty of the speed.

    Should I plead guilty or not? Should I see if I can find the cop and explain it to him?
    The officer cannot do anything once the cite is completed. It is against the law for him to "take care of it" in some fashion.

    If I plead not guilty and go to trial and the cop appears and I lose, will that lessen the chance of the judge allowing me to go to traffic school?
    See my comments above ...

    Oh and does this count as an infraction or a misdemeanor because the check box was marked "traffic." I'm trying to become a cop too so I can't have any misdemeanors or anything like that.
    It is an infraction.

  3. #3
    Join Date
    Nov 2012
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    6

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Infractions won't get me disqualified for being a cop right?..

    It seems so much better to just plead guilty in that case...would there be a chance for the judge to lower the fine too?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Quote Quoting ohsoasn
    View Post
    Infractions won't get me disqualified for being a cop right?..

    It seems so much better to just plead guilty in that case...would there be a chance for the judge to lower the fine too?
    No but being found guilty of going 99 might.

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Quote Quoting ohsoasn
    View Post
    would there be a chance for the judge to lower the fine too?
    I think if you ask, he might invite you into chambers to have some tea...

    Yes, I am being sarcastic simply because you're acting nonchalant about this not realizing that the court is not obligated to make accommodations for people who exceed the limit by more than half. There is a reason why your citation isn't automatically eligible for traffic school. There is a reason where speeding citations in excess of 25mph will typically earn you a mandatory court appearance. And there is a reason why the law allows the judge to suspend your license for 30 days if he so chooses.

    Yes, you might luck out and get a nice judge who might reduce the fine, but you might get one who will chew your behind and send you reeling.

    This is the part that blows my mind:

    Quote Quoting ohsoasn
    View Post
    I was going down 280 and was extremely tired so I was dozing off every now and then and as expected a CHP pulls me over and shows me the radar for 99.
    That, is just as bad as being drunk and driving at that speed. And your answer as to why:

    Quote Quoting ohsoasn
    View Post
    I wasn't looking at the speed.
    99+ does not happen as an "Ooopps, look at my speed"... 70, 75, 80... yeah, maybe... But 99, while you're dozing off!

    Quote Quoting ohsoasn
    View Post
    Oh and does this count as an infraction or a misdemeanor because the check box was marked "traffic." I'm trying to become a cop too so I can't have any misdemeanors or anything like that.
    LOL... I wonder why Carl didn't answer this last part...



    Or maybe he did!

    I'm thinking there maybe a hiring freeze right now... You know with budget shortfalls and the like!

  6. #6
    Join Date
    Nov 2012
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    6

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Trust me I do know that it is up to the judge's discretion whether or not to give me traffic school and even reduce the fine because at the end of the day, it is still my fault and I know I'm guilty of it; I was just wondering.

    I mentioned why I gave that reason though. Might have been a bad reason but it's true: I panicked because I've never been pulled over and I had no clue what to do. Only thing going through my mind was shitshitshit how fast was I going. The night before did a number on me.

    Yeah I know there's a hiring freeze but I recently got notified by the city of San Francisco about a job opening. I applied of course, but I still want to know: do infractions disqualify me? I know misdemeanors do.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Infractions are not automatic disqualifiers. However, they will be scrutinized to determine suitability. If there appears to be a pattern of irresponsibility, then that will play against your chances.

  8. #8
    Join Date
    Nov 2012
    Posts
    6

    Default Re: Speeding "99+ in a 65 Zone" 22349(A)

    Alright. Thanks for everything!

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