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  1. #1
    Join Date
    Jul 2007
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    Question CVC 22349(a) vs. CVC 22349(b)

    Hello,

    I recently was issued a ticket for speeding. I was citied for "22349(a) cvc unsafe speed". However on the ticket it indicated that I was traveling 55 (speed Approx 55) in a 45 ("PF/Max speed 45" and "Safe speed 45). Should I have not been charged with a 22349(b) cvc ?? If so, is this grounds for dismissal?

    Thanks in advance for your advice.

  2. #2
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    I suspect they meant CVC 22438(a) - are you sure it's a 9?

  3. #3
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting Mr. Knowitall
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    I suspect they meant CVC 22438(a) - are you sure it's a 9?
    I am sure... it is 22349(a)

  4. #4
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    I agree with Mr. Knowitall. CVC 22348(a) or even CVC 22350 (a) would have been better choices than 22349 (a), since you obviously weren't driving in excess of 65 MPH. I don't know about CA, but in WA that would probably be enough to get you off. In CA, however, the court may allow the prosecutor to amend the charge -- Carl might know for sure, if he's around.

    Good luck,
    Barry

  5. #5
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting blewis
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    I agree with Mr. Knowitall. CVC 22348(a) or even CVC 22350 (a) would have been better choices than 22349 (a), since you obviously weren't driving in excess of 65 MPH. I don't know about CA, but in WA that would probably be enough to get you off. In CA, however, the court may allow the prosecutor to amend the charge -- Carl might know for sure, if he's around.

    Good luck,
    Barry



    Thanks all for your input... Was there any word from Carl on this matter?

  6. #6
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting Truckman26
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    Thanks all for your input... Was there any word from Carl on this matter?
    Not until now ... missed this thread in July.

    CVC 22349(a) was inappropriate for 55 in a 45. If that charge is not amended prior to trial, then you should prevail by virtue of the fact that the state cannot meet the elements of the offense. I'd bring in copy of the relevant section and also present a copy of the citation you received to prove that the officer cited you for 22349(a) in a 45 MPH zone.

    You should prevail ... unless the cite is amended to CVC 22350 (and 22348(a) would not apply).

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
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    5

    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting cdwjava
    View Post
    Not until now ... missed this thread in July.

    CVC 22349(a) was inappropriate for 55 in a 45. If that charge is not amended prior to trial, then you should prevail by virtue of the fact that the state cannot meet the elements of the offense. I'd bring in copy of the relevant section and also present a copy of the citation you received to prove that the officer cited you for 22349(a) in a 45 MPH zone.

    You should prevail ... unless the cite is amended to CVC 22350 (and 22348(a) would not apply).

    - Carl
    Thanks a lot Carl and everyone who replied...

    One final question before deciding whether or not to fight this.

    Can the officer during trail decide or claim that he wrote down the incorrect speed and change his/her mind in order to have this cvc (22349a) apply (or show evidence that I was traveling in excess of 66mph) or are they bound to the number that was in the ticket?

  8. #8
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting Truckman26
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    Thanks a lot Carl and everyone who replied...

    One final question before deciding whether or not to fight this.

    Can the officer during trail decide or claim that he wrote down the incorrect speed and change his/her mind in order to have this cvc (22349a) apply (or show evidence that I was traveling in excess of 66mph) or are they bound to the number that was in the ticket?
    He can TRY, but the judge/commissioner may not permit it. It's rare that an attempt at trial to change the violation will succeed for a host of reasons.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  9. #9
    Join Date
    Jul 2007
    Posts
    5

    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting cdwjava
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    He can TRY, but the judge/commissioner may not permit it. It's rare that an attempt at trial to change the violation will succeed for a host of reasons.

    - Carl

    How about changing the speed that was on the ticket (based on evidence, radar , airplane, witness, etc.) Are they bound to the speed that they originally cited me for?


    Thanks and Ill keep everyone posted as to what happens in the court room...

  10. #10
    Join Date
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    California
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    Default Re: CVC 22349(a) vs. CVC 22349(b)

    Quote Quoting Truckman26
    View Post
    How about changing the speed that was on the ticket (based on evidence, radar , airplane, witness, etc.) Are they bound to the speed that they originally cited me for?
    He can TRY, but I suspect that would require him to also change the offense.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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