What Can I Expect After Getting a Speeding Ticket
My question involves a traffic ticket from the state of: California (Norcal)
I just got hit with a CVC 22350 for excessive speed, 61 in a 35.
I got a 22350 a few years ago for 80 in a 45 which I fought via trial by declaration and won, although initial fine was around $500. Does anyone have any idea how much I should expect to pay now? Quick google search showed around $100-$200 which seems pretty low. And this is usually one point correct?
For the last 22350 I fought, I basically used a template I found online and filled in my relevant data and fought it, but the cop didn't use a radar then. With this new ticket, the ticket has radar checked off, so it may be tougher to fight.
Re: What Can I Expect from This Speeding Ticket
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CityOfAngels
I just got hit with a CVC 22350 for excessive speed, 61 in a 35. Quick google search showed around $100-$200 which seems pretty low. And this is usually one point correct?
Fines are typically 4-5x the "base" amount, which is $100 in your case. It should be approx. $480. And yes, one point.
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For the last 22350 I fought, I basically used a template I found online and filled in my relevant data and fought it, but the cop didn't use a radar then. With this new ticket, the ticket has radar checked off, so it may be tougher to fight.
Radar actually may make it easier. 22350 is possibly the VC violation with the largest number of possible defenses. First, depending on if it was a city or state road, contact the local transportation dept. or local Caltrans office to get a "speed survey" ASAP. If it's not right in any number of ways, you have a very good defense. If it turns out to be perfect, we can look at more defenses.
Re: What Can I Expect from This Speeding Ticket
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quirkyquark
Fines are typically 4-5x the "base" amount, which is $100 in your case. It should be approx. $480. And yes, one point.
Radar actually may make it easier. 22350 is possibly the VC violation with the largest number of possible defenses. First, depending on if it was a city or state road, contact the local transportation dept. or local Caltrans office to get a "speed survey" ASAP. If it's not right in any number of ways, you have a very good defense. If it turns out to be perfect, we can look at more defenses.
Ok, $500 is pretty steep. I'm not too worried about price, mostly worried about my insurance since I was just about to transfer for my parents plan to my own cause I started working and living alone now. I was also looking into getting my own car soon so the timing is terrible.
I can try getting a Speed Survey on Monday as I don't believe they will be open tomorrow (Sunday). I think it is a city road, as it was a standard main road in my city, and not a California freeway. The cop was also a local city cop.
I was thinking of using the following template, it is from the same site where I got the template for the last ticket I fought (although that was being paced, not using Radar).
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I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The facts of my case are as follows: While driving west bound on Meade at 0855 on 3-17-99, I was stopped by SDPD Officer Ffrengig (I.D.#1234) and was charged with violating CVC 22350. Officer Ffrengig has alleged that I was driving approximately 33mph in a 25mph zone based on RADAR evidence. I know that I was traveling a Safe and Reasonable speed for conditions at the time of my stop, and was therefore not in violation of the Basic Speed Law.
The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway 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, and in no event at a speed which endangers the safety of persons or property."
On my citation, the officer fails to note any of these relevant conditions except for traffic, which he correctly notes as "Medium." I can attest that the road was dry with clear visibility at the time of my stop. Officer Ffrengig also fails to note the Safe Speed for Meade in the appropriate space on my Notice to Appear. I know that I was traveling a Safe and Reasonable speed for conditions on Meade when I was stopped.
My assertion that my speed was Safe and Reasonable for conditions is supported by the most recent Traffic and Engineering survey for Meade which gives the Safe Speed (85th percentile speed) as 32 mph, which is just 1mph different than the "approximate" speed Officer Ffrengig noted on my citation. Based on this evidence, I know that I was not in violation of the Basic Speed Law at the time and place of my citation and, pursuant to the common sense spirit of CVC 22350, contest that my speed at the time of my traffic stop was therefore not per se unlawful.
Further, I believe that the officer's radar may have been tracking one of several cars other than mine. There were cars driving in front of me and also passing me as I proceeded down Meade; the presence of these vehicles was properly attested to on my citation by Officer Ffrengig as "Medium" traffic. The typical beam angle (spread) of police radar is 12-16 degrees, resulting in a beam width of 1 foot for every 4 feet of travel of the beam from the antennae. Therefore at 160 feet from its source, a police radar beam is typically 40 feet (four lanes) wide.
The officer noted on my citation that my radar-determined speed was 33mph from 150 feet away, a distance at which any of several cars then traveling through the officer's two-lane wide radar beam might have caused the speed indicated on the officer's unit. Due to the officer's indication of "medium" traffic and his notation that my alleged speed was determined at a 150' distance, it is clear that there is reasonable doubt as to which car's speed his radar unit was indicating.
Due to this reasonable doubt, and the fact that the Traffic and Engineering Survey for Meade has determined the Safe Speed to be 32mph, approximately the speed the officer claims I was traveling, I ask the Court to dismiss my citation in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
All data in template is artificial.
Re: What Can I Expect from This Speeding Ticket
You probably won the previous one because the officer didn't submit his declaration (or was VERY late in doing so). The template you have throws everything at the wall in case something sticks -- I doubt it will work if the officer this time does submit his.
Get the survey -- you may need to request it by mail or via a form -- and you may have an absolute defense that will let you beat this ticket.
Re: What Can I Expect from This Speeding Ticket
Thanks for the quick reply. I'll try getting the "speed survey" ASAP then. I'm not sure exactly who to contact though. I did a search on google and didn't find anything under "My City Transportation Department".
Re: What Can I Expect from This Speeding Ticket
Post the darned city, and the location (intersection, etc.) if you don't mind. You can ask your local city hall, transportation is often lumped under public works dept.
Re: What Can I Expect from This Speeding Ticket
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quirkyquark
Post the darned city, and the location (intersection, etc.) if you don't mind. You can ask your local city hall, transportation is often lumped under public works dept.
No problem. Atherton, California. El-Comino Ave in Atherton (one of the larger streets here, I actually thought the speed limit was 45 or 50).
Re: What Can I Expect from This Speeding Ticket
As a note, the fine and fees for this should be in the neighborhood of $479 per the state's 2011 recommended bail and fine schedule.
Re: What Can I Expect from This Speeding Ticket
El Camino Real (right?) in Atherton is State Route 82. San Mateo is under Caltrans District 4, and you must submit a public records request for the survey. Here's their "start page" for such requests which guides you through everything.
In the request, you MUST specify the cross-streets, e.g. "El Camino Real in the city of Atherton between e.g. Santa Cruz Ave and Selby Ln" Expect about two weeks before you get a copy in the mail - a small copying fee (less than $5) may be involved.
If you NEED a faster response, contact them via phone (see FAQ) to arrange a visit to their HQ in Oakland to view and copy.
Re: What Can I Expect from This Speeding Ticket
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quirkyquark
El Camino Real (right?) in Atherton is State Route 82. San Mateo is under Caltrans District 4, and you must submit a public records request for the survey. Here's their
"start page" for such requests which guides you through everything.
In the request, you MUST specify the cross-streets, e.g. "El Camino Real in the city of Atherton between e.g. Santa Cruz Ave and Selby Ln" Expect about two weeks before you get a copy in the mail - a small copying fee (less than $5) may be involved.
If you NEED a faster response, contact them via phone (see
FAQ) to arrange a visit to their HQ in Oakland to view and copy.
Thanks!
I'm going to try to head over sometime this week if I get time, otherwise I'll try getting it mailed. If I go in person, what exactly should I look for? Or should I just copy everything they give me and post it here?