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Caught Speeding, 90+ in 65, in California

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  • 01-12-2013, 04:13 AM
    alxcrdn
    Caught Speeding, 90+ in 65, in California
    My question involves a traffic ticket from the state of: California

    I recently received a ticket for 90+ in 65 on my way to mammoth

    I was in front of a caravan of 4 vehicles and we were driving 75mph. After we saw the sheriff on the side of the road we reduced to 65.

    With walkie talkies we confirmed the sheriff began to come after us. He proceeded to pass, not follow, the three cars behind me and pulled me over. I as well as the three other cars stopped.

    I was honest to the sheriff stating I was going 75. He then proceeded to state I was going 90+ and promptly took my information wihout allowing me to ask questions. Upon the sherrifs return with the citation I asked how he determined my speed and I said it was by pacing me which was extremely difficult for me and everyone in the other cars to believe. I also informed him that the vehicles that also stopped were with me.

    I do not understand what a ticket of 90+ is vice an actual speed of 91/92... does to me

    Would I be eligible for traffic school if I did not contest it?

    Should I do a TBD stating the above information?
    I live 250+ miles away from the assigned court house

    I understand I was speeding at 75 MPH and would accept it and move on with my life. However I do not believe in being cited for 90+ was justified and will put an even greater amount of burden on me both financially and record wise. (For work I must report all tickets which are in excess of $300)

    Luckily my friends are really good and a chipping in to help cover the cost of the ticket. Its funny how 18 people saw one thing and the sheriffs interpretation was another.

    Any help or advice would be much appreciated.
  • 01-12-2013, 06:09 AM
    flyingron
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    The officer is not required to answer questions. The charges are not tried on the roadside.

    90+ is probably that he was going 90 and you were faster than him.
    It really matters little. You were guilty of 22349 at 90, at 75, even at 66.


    You can put all that extraneous info in a TBD, but it would still result in you being found guilty. Nothing is exculpatory (and even if it were, TBDs are stacked against you).

    If you are offered traffic school in the courtesy notice, I advise you take it. Otherwise, you're going to have to appear to see if you can get it or pursue lame attempts at a defense.

    The fine itself probably won't be over $300, but with the surcharges and fees it will likely be in the $500 range.
  • 01-12-2013, 10:44 AM
    alxcrdn
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Quote:

    Quoting flyingron
    View Post
    The officer is not required to answer questions. The charges are not tried on the roadside.

    90+ is probably that he was going 90 and you were faster than him.
    It really matters little. You were guilty of 22349 at 90, at 75, even at 66.


    You can put all that extraneous info in a TBD, but it would still result in you being found guilty. Nothing is exculpatory (and even if it were, TBDs are stacked against you).

    If you are offered traffic school in the courtesy notice, I advise you take it. Otherwise, you're going to have to appear to see if you can get it or pursue lame attempts at a defense.

    The fine itself probably won't be over $300, but with the surcharges and fees it will likely be in the $500 range.

    Hi thanks for the response. I understand I was speeding regardless of the speed. If I get traffic school I will take it without blinking. However if that is not the case I would want to fight it get is reduced and get traffic school. I'm not trying to get out of the ticket itself.
  • 01-12-2013, 11:38 AM
    That Guy
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Quote:

    Quoting alxcrdn
    View Post
    Hi thanks for the response. I understand I was speeding regardless of the speed. If I get traffic school I will take it without blinking. However if that is not the case I would want to fight it get is reduced and get traffic school. I'm not trying to get out of the ticket itself.

    If you fight it you will not get it reduced nor will you get traffic school. Fine reductions and/or traffic school assuming you are eligible would, in most courts, be available at the arraignment (your first appearance)... Once you plead not guitly and go to trial the chances of getting either a reduction or traffic school are slim to none!
  • 01-12-2013, 02:08 PM
    lostintime
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    What does your ticket say? Might be a good start.
  • 01-12-2013, 02:41 PM
    cdwjava
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Given that you have apparently been cited for VC 22349(a) with a speed of 90 in a 65 MPH zone, the clerk of the court should not offer you traffic school off the bat as you were over the limit by 25 MPH or more. In other words, if you receive a courtesy notice, the option of TS will not be on it. However, the COURT can offer this to you and might even entertain a plea to the lower speed at arraignment (which is that court date on the citation you received).
  • 01-12-2013, 03:49 PM
    alxcrdn
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Quote:

    Quoting cdwjava
    View Post
    Given that you have apparently been cited for VC 22349(a) with a speed of 90 in a 65 MPH zone, the clerk of the court should not offer you traffic school off the bat as you were over the limit by 25 MPH or more. In other words, if you receive a courtesy notice, the option of TS will not be on it. However, the COURT can offer this to you and might even entertain a plea to the lower speed at arraignment (which is that court date on the citation you received).

    Thanks for the response. If that is the case when I receive the letter, I would have to make the request in person during arraingment. I really was not sure if I could make that request during that time thus my confusion in believing I would have to contest the ticket.

    How would I state this to the judge when he asks me to enter my plea. I am really not sure as to how a would phrase it in an appropriate manner. If I have to go to the arraignment to ask for traffic school it would be my first time to appear in front of a judge and that would be after a 250 mile drive.
  • 01-12-2013, 05:04 PM
    lostintime
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    What's the speed measuring device?

    Typically, but not always, these types of tickets are LIDAR.
  • 01-12-2013, 05:38 PM
    cdwjava
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Quote:

    Quoting alxcrdn
    View Post
    Thanks for the response. If that is the case when I receive the letter, I would have to make the request in person during arraingment. I really was not sure if I could make that request during that time thus my confusion in believing I would have to contest the ticket.

    How would I state this to the judge when he asks me to enter my plea. I am really not sure as to how a would phrase it in an appropriate manner. If I have to go to the arraignment to ask for traffic school it would be my first time to appear in front of a judge and that would be after a 250 mile drive.

    Different counties give different amounts of leeway with regards to options at arraignment. You may not be allowed to plead down at the hearing, or, they may advise you (and everyone else) that if you are eligible for traffic school that now is the time to plead guilty.

    Do not expect to get anything in the mail. These are COURTESY notices and not required. Unless you receive information IN WRITING to the contrary, expect to attend court as indicated on the citation. You might also want to check and see fi there are low cost traffic attorneys in the area of the court's jurisdiction that could handle the issue for you.

    - - - Updated - - -

    Quote:

    Quoting lostintime
    View Post
    What's the speed measuring device?

    Typically, but not always, these types of tickets are LIDAR.

    If it was a Sheriff, I'd be surprised if he used a lidar as they typically do not do traffic enforcement unless this was in a contract city. MAYBE a radar, but even that is rare for non-contract city sheriff's units in CA. But, from what the OP writes, it sounds as if the deputy is claiming to have paced the OP at 90 or more MPH. And if the deputy has radar training, then he may also have made a visual estimation of the speed.
  • 01-12-2013, 06:11 PM
    alxcrdn
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Thank you very much cdwjava. You have been quite informative.

    This was a sherrif and he stated the only method he used was pacing. He was very courteous throughout and even told me to have a good vacation.

    The sheriff informed me that I will be receiving a courtesy notice with the fee and the option to plead by mail.

    This was in inyo county last weekend at night

    According to the website I meet the requirements for TS except for the speed.

    If I were to appear in front of the judge, would I make a request before or after I make my plea.

    I have very little familiarity with any court procedures other than jury duty.

    It just makes me nervous because my boss received a ticket and made plea in court and the judge would not allow him to make any statements other than his plea.

    - - - Updated - - -

    I forget to mention in the previous post that I need to write down what I have to say before hand. I get extremely nervous and will most like mess up what I have to say.
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