Page 1 of 4 1 2 3 ... LastLast
Results 1 to 10 of 36
  1. #1
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

    Default California - Pulled over doing 95 on 65

    I just turned 18 two weeks ago and I drive a 100 mile one way to commute to school everyday. I rarely EVER speed on the way to school as I leave extrememly early in the morning, but because of some circumstances, I had to speed in order to get to class on time. I know I was violating the law and I shouldn't have done it and I feel absolutely horrible about it. I'm pretty sure I was NOT going 95, but his lights came up and all I could think about was pulling over so I didn't have time to check.

    I would just like to ask for some legal advice for the matter. I have no prior traffic violations but have recieved a point for being considered at fault for an accident. I was clocked at 95, but it doesn't state how, besides under Radar Unit / Patrol Vehicle No. it says 9104 / 163, which I assume is the radar unit number and his patrol vehicle number.

    I was coming down the 152 Mountain Pass which is pretty dangerous as is, but I finally made it to the straight away and passed a few cars before I got to the 1 lane. In the effort, I can assume I hit 95, but I'm totally not sure. His lights came on and I pulled over for him.

    I acted properly and did not argue, but he did come back after the citation was written and ask me "It's still early in the morning, why are you driving so fast?" and I responded with "Oh, I have class soon in Cupertino," and we had a small conversation about that. Now I'm wondering if he was just trying to collect evidence to try against me.

    The vehicle code I violated was 22349 Speed, which seems like a stanard traffic ticket, with "I" circled for infraction. He also wrote 95 and kinda circled it which went over "M" for misdemeanor as well. Could I have possibly gotten both or was it just an error of his pen?

    Am I still eligible for traffic school going 30 over the limit in CA? Should I hire a traffic attorney or go to court? Or can I just pay the fine and go to traffic school and have it clean off my record?

    I have heard many opinions from many people today. One person mentioned that traffic school is not available to you if you're going 25 over the limit. Which sounds right to me although I wish it weren't true. If so, is there still anyway I can sign up for traffic school?

    I'm sorry for the length of this post. I'm a little upset, so I tend to vent a lot. If anyone has any helpful information, please let me know.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,392

    Default

    At 30 over you are not going to be eligible for traffic school. There are attorneys that practice nothing but traffic matters and for a relatively low fee they might be able to represent you so that you don't have to go back and forth a time or two.

    There are ways to challenge speeding cites, but they rarely work and they require a huge dedication on your part to legal details and minutiae - such as laws of discovery, motions, speed surveys, etc. Very often they are far more hassle than they are worth.

    Unless you have a dismal DMV history, this will not result in a suspension of your license. And there is always the possibility that a kind old judge MIGHT show mercy, reduce the speed or the offense, and make you eligible for traffic school ... not likely, but theoretically possible.

    And, of course, the officer may not show up in court.

    - Carl

  3. #3
    Join Date
    Aug 2005
    Posts
    117

    Default

    Who says a judge cannot allow attendance to traffic school just because one is traveling 30 mpg over the limit?!?!!?!?

    Where do you come up with this stuff?! It is the same propaganda pablum that crook bailiffs improperly instruct citizens in court.

  4. #4
    Join Date
    Aug 2005
    Posts
    117

    Default

    NRM, I suggest you appear at arraignment and tell a judge it is your first citation and you intend on making it your last citation, tell them that rather than contest it since you have never attended traffic school you would request being allowed to do so.

    By the way, never answer any cops questions like he asked you. You could get it quashed on a motion as you were under arrest at the time, as his question was strictly interrogative in nature designed specifically to elicit incriminating information. NEVER falls for that criminal behavior on the part of the cop, for he violated your civil rights by failing to Mirandize you.

    You would just think it would be eaiser for the cops to uphold the law, but apparently a lot of them think that laws apply to everyone but them or it just never occured to them to obey the law.

    Oh, and I previously meant mph not mpg...the g key is right next to the h key, I swear it! lol

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,392

    Default

    Quote Quoting DaveBis
    Who says a judge cannot allow attendance to traffic school just because one is traveling 30 mpg over the limit?!?!!?!?
    The CA Vehicle Code.

    CVC 42005(f):

    Notwithstanding subdivision (b), a court may not order a
    person to attend traffic violator school in lieu of adjudicating an
    offense if the person was issued a notice to appear for a serious
    traffic violation, as defined in subdivision (i) of Section 15210,
    that occurred in a commercial motor vehicle, as defined in
    subdivision (b) of Section 15210.


    And at last check, exceeding the posted speed by 26+ MPH was considered to be "excessive speeding" pursuant to CVC 15210.


    Where do you come up with this stuff?!
    From California state law.

    It is the same propaganda pablum that crook bailiffs improperly instruct citizens in court.
    Yeah ... that darn law! It's so inconvenient at times! :roll:

    - Carl

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,392

    Default

    Quote Quoting DaveBis
    NRM, I suggest you appear at arraignment and tell a judge it is your first citation and you intend on making it your last citation, tell them that rather than contest it since you have never attended traffic school you would request being allowed to do so.
    And if the judge wants to order Traffic school, he can reduce the offense to include a speed of 25 MPH or less. Otherwise, state law specifically prevents him from allowing Traffic School.


    By the way, never answer any cops questions like he asked you. You could get it quashed on a motion as you were under arrest at the time, as his question was strictly interrogative in nature designed specifically to elicit incriminating information.
    And where do you get THAT line?

    Even the USSC has ruled that interrogatory questioning during a detention for a traffic stop do NOT trigger "custody" as it relates to Miranda.

    Please read up and the status of Constitutional law before you post that kind of misleading information.

    - Carl

  7. #7
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

    Default

    I was only cited for 22349 Speeding, which I felt glad that I didn't get cited for wreckless driving. But I'm not sure if that could appear later.

    Over the past few hours, I've been reading up and doing a little research. And cdwjava is right about the vehicle code, but I have heard that with a guilty with explaination plea, there's a better possibility of me getting into traffic school just to keep me out of the already backed up courtroom. Carl, you really have your things straight and I thank you for the quick advice in my time of need right now.

    I'm just curious if this would be considered for a 1 point violation or a 2 point violation? And how many points before suspension of my license? I'm really bugged out about this, I have a total of a 200 mile commute 4 days a week and I do my best to avoid tickets, I was just trying to speed up to get around the trucks in the merge lane so that it would maximize the chance of me being on time.

    If I don't get a chance for traffic school, I will just have to pay the fines and take the points on my license, and then take my name off of the AAA insurance and just drive solo for a while with just my mom's insurance on the car.

    Oh yes, by the way, how long does it take after you recieve your points for the insurance companies to get a hold of it and raise your premium? Would it come in the following month if you're paying monthly, or in the next year if you're paying yearly?

    Honest, thank you for all of your help.

  8. #8
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

    Default

    Also I'm curious as to this as well.

    https://www.sanmateocourt.org/traffi...ligibility.asp

    That is the court that is listed on my ticket. And they don't mention the 25 and over rule. I know I committed a violation and I will pay for it, there are just some questions wandering my mind that I'd love for someone to clear up.

    Also, this is my first ticket, am I forced to go to the court that is listed on my ticket or can I go to a court closer to the areas I live and go to school. As I said, I have a 200 daily commute and it would be way more convenient if I could go to a court near school during the day time.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,392

    Default

    The notice you receive from the court should indicate if you are eligible or not. At 26 over you shouldn't be unless they lower the speed. And CVC 22349 is a one point violation.

    And the site doesn't mention a whole lot of violations and circumstances that are ineligible for traffic school ... notice it says: "other certain specified violations" are not eligible.

    At the time of the citation you could have requested to be cited into the court at the county seat. But, now you'd have to try for a change of venue - not too likely for traffic matters, but it might be possible. However, they will NOT change it to another county - it would have to be to a county traffic court in the county where you live.

    - Carl

  10. #10
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

    Default

    I live in Merced County, cited in San Mateo County, and school in Santa Clara County. I really wish I knew how everything was going on so I could have better worked out the situation.

    Just clarifying, but I can't have my arraignment in another county or anywhere closer to my school? If that's the case, I'll just have to deal with it. I just know that my father got pulled over in the exact same spot by the same police officer, went to a court in Santa Clara county, paid his bail and requested traffic school and went in Santa Clara county.

    Maybe I'm just missing something.

    1. Sponsored Links
       

Page 1 of 4 1 2 3 ... LastLast

Similar Threads

  1. Speeding Tickets: Pulled Over Going 78 in a 40
    By problemo in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 01-06-2010, 05:53 PM
  2. Speeding Tickets: 22350 in California - Pulled Over by Other Officer
    By peconic21 in forum Moving Violations and Traffic Tickets
    Replies: 3
    Last Post: 08-22-2009, 08:56 AM
  3. Replies: 1
    Last Post: 03-15-2009, 11:07 AM
  4. Speeding Tickets: Pulled Over for Doing 66 in a 45
    By mark2ooo in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 01-10-2009, 02:37 PM
  5. Speeding Tickets: Pulled Over For Stop Sign, But Cited For Speeding, in San Diego, California
    By JackInTheBox in forum Moving Violations and Traffic Tickets
    Replies: 7
    Last Post: 05-16-2008, 12:24 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document