Cited for Violation of CVC 22350 instead of CVC 23103

[sfdriver94]

Thanks in advance for your advice.

My question involves a speeding ticket from the State of: CA

I was driving down Mission Blvd. in Fremont doing an honest 40mph in a 40mph zone. There were cars behind me following very close so I barely braked for my turn and when I turned I was going "too fast" and my tires screeched even though I did not lose control of the car, just proceeded down the next street. An officer came with lights on and pulled me over, saying that my turn was unsafe and that he would cite me for reckless driving but since I had a clean record he would charge me for speeding as a "lower" violation. He did not cite any radar evidence on the ticket instead writing simply "50+" in a 40.

I accepted the ticket but fought it via trial by declaration, but I received a guilty response. I showed how he could not have possibly seen my car speeding from the opposite side of the road including photos and creating a credible defense, never admitting any guilt but also not admitting the "other" potential violation because it was irrelevant to my 22350 case.

1. If I was not speeding, and he openly stated that he would be charging me for a different violation, can I be automatically guilty of a different (lower) violation? I was not speeding and the officer cites no evidence whatsoever.

2. If I go to court, can the judge try to increase the charge to reckless driving if the officer tells the judge what happened? Can the violation be increased in a trial by novo hearing legally?

3. What is the proper legal argument to make against this type of citation? Perhaps I need to mention that he was going to cite me for something else in order to get out of 22350?

Thanks!!!
Sean in CA

[Mr. Knowitall]

You're not charged with exceeding the posted speed limit. You're charged with driving "at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway". You can be driving below the posted speed limit yet still be convicted of violating CVC 22350.

If you again contest the ticket, you will have to wait and see if the officer attempts to amend the charge up to reckless driving.

[EWYLTJ]

You were charged with driving at a speed that endangered persons or property.

First thing... REQUEST THE TRIAL DE NOVO NOW!!

Next, go to the court and request a copy of the officer's statement for the TBWD. This will tell you what the officer testified to in the TBWD and will give you a good idea of what you will face at the new trial.

You won't get charged with another offense at trial.

Question: was there a yellow speed sign if front of the curve? If not, the burden is entirely on the state to prove that your speed caused a danger to persons or property.

One step at a time. Get the officer's declaration and tell us about any other signage.

[cdwjava]

Speed alone cannot support a reckless driving offense (CVC 23103), so unless the officer can support a change to 23103, it ain't gonna happen. And I think any court would be highly suspect of a change from 22350 to 23103 ... not to mention the fact that unless the local court chooses to pursue it as an infraction in traffic court, it can be a misdemeanor that could jump it to Superior Court.

I would not expect an amendment to 23103.

- Carl