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Caught Speeding, 90+ in 65, in California

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  • 01-12-2013, 06:30 PM
    cdwjava
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    Quote:

    Quoting alxcrdn
    View Post
    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.

    He may believe that, but understand that there is no legal requirement for that notice to be sent out. It is a bad idea for any officer to state that you WILL receive that, but you are the one who is ultimately responsible to appear as indicated on the citation.

    Quote:

    According to the website I meet the requirements for TS except for the speed.
    That is why any courtesy notice you receive cannot generally have that as an option. You will have to get TS from the court.

    Quote:

    If I were to appear in front of the judge, would I make a request before or after I make my plea.
    I have little experience with arraignment, but I know that some courts will inform people even before arraignments that if they wish to get TS and are otherwise eligible, that they can plead guilty then. Sometimes they will not entertain that idea and you might have to plead "not guilty" and get the matter scheduled for trial. Most traffic trial courts will announce that as an option at the outset (plead guilty for TS) so that may be how you can get it. Of course, that might mean at least TWO 250+ mile journeys ... hence the suggestion that you might weant to consider an attorney.

    Quote:

    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.
    And, at arraignment, that is very likely.

    I'd suggest you attend an arraignment court one day to see how it is done, but that might be a horrible inconvenience.
  • 01-17-2013, 10:09 AM
    alxcrdn
    Re: Regarding VC 22349(A) 90+ in 65 on the Way to Mammoth
    So my courtesy notice actually beat me home. Family told me it arrived last Wednesday. It was 376, and no option for traffic school. Called the court and and asked how the proceeding worked. The person there informed me its a small court and that the judge will only hear the plea and nothing else (since they only allot 1 day a week for traffic offenses, Wednesday only :hororr:).

    Unless i fight (and win but ill probably lose), this would be my first point ever and the ticket would only cost me 120 after what all my friends chipped in.

    Checked with my insurance, and due to my age and this being the 1st in 9 years of driving, rates may not even go up when it comes time to renew.

    I guess i could contest it by TBWD since there is nothing to lose other than the time to write it...
    A trial in person would not be worth it due to 100+ in gas and my vacation time for a day and half is worth almost as much as the ticket.

    Thanks again cdwjava for all your help.
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