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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default Speeding, CVC 22356(b), 80+ in a 70 MPH Zone

    Hello! (Officer Carl? A friend recommended that I write to you for advice but I'd love to get advice from any other expert on this forum, too!)

    I was recently cited for 22356(b)VC-Speed on I-5 in California for going "80+" mph in a 70mph zone. The officer said:

    "Do you know why we turned around and pulled your over? We were under the overpass and radared you at a speed of 93mph in a 70 max zone. Then when we pulled up behind you, you were going 77."

    First off, I did not admit to speeding but this is what happened: because I am a woman driving alone at 10pm in the pitch black on the I-5 with a car tailing me for the past 20 minutes, out of frustration I decided to speed up to get out of his way (no one else was driving near me except for that one car) but this ended up being a BIG mistake. That one minute is costing me hundreds! This is my first ticket ever (I’m over 30) and I was really hoping for a warning because I am a very VERY safe driver. Again, it was pitch black and I did not see any head lights or parking lights from the police vehicle which, from my understanding of the law, should have been in plain view.

    I’ve been reading articles online about getting a Trial by Written Declaration but I was wondering if it would apply to my ticket. I was cited for going "approximately: 80+" but 93 was circled under the checked radar box and there are 2 officers listed on my ticket. Do I have even have a 50% chance of getting off? If I was found guilty and then filed for Trial de Novo and also dont win.... can I still have the option to go to traffic school? The officer was very polite (as was I) and I know he already gave me a speed break but I just can’t afford this ticket (and stupid mistake).

    Thanks in advance for you advice!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,952

    Default Re: CVC 22356(B) - is Winning a TBD Possible?

    "I was frustrated" is not a valid reason to go more than 20 MPH over the speed limit. "I didn't see the police car on the overpass" is not a valid defense to a speeding ticket.

    Consider traffic school.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,508

    Default Re: CVC 22356(B) - is Winning a TBD Possible?

    Quote Quoting i5driver
    View Post
    First off, I did not admit to speeding but this is what happened: because I am a woman driving alone at 10pm in the pitch black on the I-5 with a car tailing me for the past 20 minutes, out of frustration I decided to speed up to get out of his way (no one else was driving near me except for that one car)
    As Mr. Knowitall wrote, being frustrated is not a lawful excuse to travel 20+ MPH over the limit. And, on a freeway, there will be cars behind you at some point.

    This is my first ticket ever (Im over 30) and I was really hoping for a warning because I am a very VERY safe driver.
    Unfortunately, the CHP is not in the habit of issuing warnings - especially to drivers doing 20+ over the limit with no good, legal justification.

    Again, it was pitch black and I did not see any head lights or parking lights from the police vehicle which, from my understanding of the law, should have been in plain view.
    Your understanding is in error, sorry.

    Ive been reading articles online about getting a Trial by Written Declaration but I was wondering if it would apply to my ticket.
    Yes it does. At least, it should.

    Do I have even have a 50% chance of getting off?
    If the issuing officer doesn't show in court or submit a written declaration, sure.
    If I was found guilty and then filed for Trial de Novo and also dont win.... can I still have the option to go to traffic school?
    Fighting a traffic citation for speed can be a very involved process to do correctly and usually does not succeed. Note that if you do go to trial, it is very likely that the option of traffic school will not be available to you if you lose. So, if you are otherwise eligible, you might consider traffic school as previously suggested.

    Sorry, but this just doesn't seem to have much opportunity for you to find an easy way out of this one.

    - 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

  4. #4
    Join Date
    Dec 2008
    Posts
    2

    Default Re: CVC 22356(B) - is Winning a TBD Possible?

    Thank you for your advice!

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