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  1. #1
    Join Date
    Dec 2009
    Posts
    7

    Default Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

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

    Recently was pulled over for apparently speeding.
    Conditions were "light, cloudy [weather], wet [road], heavy [traffic]".
    Pulled over by a motorcylce officer.
    Speed approx: 60;PF/Max: 50; Safe Speed: 50; Laser: 60

    This was my first ever ticket.

    Traffic was fairly heavy (morning commute), and was moving about 45 MPH. I sped up to pull into an opening to a lane I needed to get into. Quite suprised that I possibly got to 60. 4 lane (two in each direction) business-area street.

    Officer told me I was going 60 and failed to signal. I handed him license and registration. He came back with the ticket, which I signed, but which was a ticket for 22350 (basic speed law) and for 12951A (not possessing a license).

    As indicated, I might have been speeding. I might be able to fight the 22350 using some of the standard methods, for instance if there is not a valid survey (the ticket was not given on a highway, freeway, or other statutorily set road or road area), but I am not sure if the road and traffic conditions would allow that to work (most of what I have read on here was not in wet, heavy traffic conditions).

    However, I clearly gave the officer my license. 12951a states:

    "12951. (a) The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway.
    Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver's license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license."

    So, this charge will be dismissed (my license is and was valid). However, I think it may be possible to proove that I did give my license to the officer (can radio logs by collected via informal discovery? Anything else outside the norm I should request in informal discovery?). If this is proved to be a mistake by the officer, does it make the other case significantly any better (or will the court likely believe it was just a small error that had nothing to do with the speeding citation)?

    I plan to file an extension and go through the informal discovery process, then do TBD and, failing at that do the trial de novo.

    Thoughts? Suggestions?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,691

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    Why did the officer issue the ticket for failing to possess your license? Did you ask the officer about the ticket when he handed it to you? Note that getting it dismissed is pretty straightforward, as indicated in the statutory language you quote.

  3. #3
    Join Date
    Dec 2009
    Posts
    7

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    We did not converse at that point (or much at all during the entire incident).

    Oh ... and I feel that showing that it (the license possession) was a mistake provides more opportunity to say that the rest of the ticket may have been a mistake as well, so I don't want to just dismiss that one then focus just on the 22350.

  4. #4
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    626

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    Check the expiration date on your license.

  5. #5
    Join Date
    Dec 2009
    Posts
    7

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    Brand new license (re done in November)

  6. #6
    Join Date
    Dec 2009
    Posts
    7

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    So, I am nearing my arraignment date (after two extensions).

    Given that I should be able to get the 12951a dropped by showing my license ... can I get that one dropped at arraignment and then do TBD for the other charge (22350), or do I have to do TBD for both?

    Given the conditions, I am likely going to only "fight" the ticket to the extent that I will prolong the process and hope for the officer to not respond/show. I have a clean record, was not going too far above the posted limit, so if it goes to trial de novo and the officer shows up, I would plan to plead guilty, but, based on a clean record, ask for mercy on fees (not expected to get) and traffic school option.

    Given this, I do plan to put a little more in my TBD than the standard "I am not guilty," as I don't really have a defense to protect. Although, truly, I don't expect to have any luck wiht the TBD.

    Any thoughts or answers to the question above?

  7. #7
    Join Date
    Dec 2009
    Posts
    7

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    So I'm mostly talking to myself here, but in case it is eventually useful for someone else.

    I went to court this morning. I will reiterate what I think I read from someone else (and decided not to pay heed to, at my expense) ... DO NOT go to see the clerk on Monday morning (especially in CA where offices may be clsoed on Friday). It took 2+ hours for me to get through the line (but at least I was in the right line ... a young woman in front of me waited ... and then found out she was at the wrong court).

    I showed my driver's license and the ticket for not having it (even though I had had it) was dismissed by the clerk. I paid the remainder of my ticket and submitted my TBD.

    And back to waiting once again.

  8. #8
    Join Date
    Dec 2009
    Posts
    7

    Default Re: Tickets for CVC 22350 (Possibly Correct) and CVC 12951a (Not Correct)

    Back from vacation. Was found guilty and verdict was mailed on July 7th.

    They did continue to offer traffic school.

    Trial de novo form due 7/27.

    Will submit that, and next hope is for lack of receiving speedy trial.

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