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Going 56 mph in a 25 mph Zone, VC 22350

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  • 02-26-2013, 12:25 PM
    Benjy
    Going 56 mph in a 25 mph Zone, VC 22350
    My question involves a traffic ticket from the state of: California

    I was recently pulled over for doing 56mph in a 25mph Zone.

    The truth is that I had stopped at a very confusing intersection that I had never been to before, (one that has a road joining from the right just before the Stop sign, and has an awkward layout), and I was lost trying to figure out which way to go. In the confusion and feeling like I was holding up traffic, I accelerated quickly from the Stop Sign, (but without any tire sounds or loss of traction, just the naturally loud engine in my Sports Car), to about the speed that had been posted throughout the previous miles on the same road I had just come from, assuming that this was still the same. 40,45, and 50mph postings had been the norm on this road so far.

    Unfortunately in the confusion of still trying to figure out whether we were going the right way, (discussing options, and looking all around), I honestly missed the 25mph sign standing there unobstructed right after the intersection. Within seconds I realized that the road I was traveling looked residential, so I immediately slowed down to 25. It was then that I noticed the Police Car a good distance behind me in my rear view mirror, and a couple of seconds later he turned on his lights. The road conditions were good, dry and clear, but it was night time.

    The officer told me I was lucky that he was giving me VC 22350 (Unsafe Speed in 25mph zone), instead of something more serious which would result in being taken to jail and my car being impounded for 30 days, which I now assume to possibly be Reckless Driving or Exhibition of Speed.

    What I'd really like to know is:
    • If I decide to go to court, is it somewhat likely that the Officer may not show, and the case be dismissed?
    • If the officer does show up to Court, is it possible or likely that the Judge could amend the charge to the more serious Reckless Driving or Exhibition of Speed if he/she so chooses?
    • Or could the Officer do this if he finds out that I am going to court?
    • With the Officer in Court, is there any way I can effectively fight this?
    • Would the State charge me for going to Court, if so how much?



    I never saw the Officers Radar or Lidar reading. I don't know if I really was going 57mph. My ticket has the box checked under Radar/Lidar Unit/Patrol Vehicle No. and the officer wrote either 8/001/**** or 81001/**** (with ****standing for the 4 digits of the Patrol Veh. No.) in this section, but I can't read it exactly. Does that mean he used Radar or Laser?

    In your opinion, should I just pay the $500 fine and accept 1 Point and higher Insurance Rates, or should I go to court?

    I really appreciate any help on this.
  • 02-26-2013, 12:30 PM
    Disagreeable
    Re: Going 56 mph in a 25 mph Zone, VC 22350
    You have already been thrown a bone. Take traffic school and be done with it.
  • 02-26-2013, 12:53 PM
    HomeAgain123
    Re: Going 56 mph in a 25 mph Zone, VC 22350
    First, never repeat that terrible excuse you were using about being lost so you drove really fast. Especially here. The more judgmental posters are going to lambaste you for that.

    Your only real defense is going to be that the highway was not in a "residence district", which means that the 25mph speed limit is not necessarily statutorily justified. The definition of residence district is:

    515. A "residence district" is that portion of a highway and the
    property contiguous thereto, other than a business district, (a) upon
    one side of which highway, within a distance of a quarter of a mile,
    the contiguous property fronting thereon is occupied by 13 or more
    separate dwelling houses or business structures, or (b) upon both
    sides of which highway, collectively, within a distance of a quarter
    of a mile, the contiguous property fronting thereon is occupied by 16
    or more separate dwelling houses or business structures. A residence
    district may be longer than one-quarter of a mile if the above ratio
    of separate dwelling houses or business structures to the length of
    the highway exists.

    If the section of highway was in a residence district... you are going to have a terrible time trying to defend yourself.

    By the way... the court can't change the charge. The cop can't change the charge after arraignment.
  • 02-26-2013, 01:10 PM
    That Guy
    Re: Going 56 mph in a 25 mph Zone, VC 22350
    Quote:

    Quoting HomeAgain123
    View Post
    First, never repeat that terrible excuse you were using about being lost so you drove really fast. Especially here. The more judgmental posters are going to lambaste you for that.

    Apparently, the less judgmental (or should I say "non-emotional") people opted to capitalize on that opportunity first.

    Quote:

    Quoting HomeAgain123
    View Post
    If the section of highway was in a residence district... you are going to have a terrible time trying to defend yourself.

    That is only one of several reasons why that roadway is posted at 25mph. So even if it is not a residence district, there could be other factors

    Quote:

    Quoting HomeAgain123
    View Post
    The cop can't change the charge after arraignment.

    You know a dismissal "in the interest of justice" need not always be in favor of the defendant. It could possibly be in the interest of the People of the State of California... And so even if it is after the arraignment, the officer can dismiss and refile if he so chooses!




    Quote:

    Quoting Benjy
    View Post
    If I decide to go to court, is it somewhat likely that the Officer may not show, and the case be dismissed?

    Want a guess? No.

    And don't assume that just because the officer did not appear that you'll get a dismissal. It may depend on the reason why he isn't there and what transpired previous to the appear date.

    Quote:

    Quoting Benjy
    View Post
    Would the State charge me for going to Court, if so how much?

    You don't get charged extra for going to court, no. However, you might see a fine reduction if you plead guilty at the arraignment which is not likely to be available after a trial.

    Quote:

    Quoting Benjy
    View Post
    In your opinion, should I just pay the $500 fine and accept 1 Point and higher Insurance Rates, or should I go to court?

    Is this to indicate that you're not eligible for traffic school?
  • 02-26-2013, 06:07 PM
    Benjy
    Re: Going 56 mph in a 25 mph Zone, VC 22350
    Nope, I'm not eligible for Traffic School. The Officer checked it as a non-Correctable Violation on my ticket. I believe that's because I was stopped for going over 30mph over the posted limit.

    If it IS highly unlikely or not even possible that the case be re-filed or my speeding charge amended to a more serious 2 point charge, then it seems that there is nothing for me to lose if I go to court and plead my case, or get a No-Win-No-Fee Lawyer to represent me, right? Worst Case I get the Point and pay the $500 as before, but I also have the possibility of a reduction or even a dismissal.

    I have asked quite a few Lawyers about this, and the responses have been varied. I am just as confused as when I started about what action I should take.

    But I really appreciate you both taking your time to answer this for me. Thank You!
  • 02-26-2013, 06:30 PM
    That Guy
    Re: Going 56 mph in a 25 mph Zone, VC 22350
    Quote:

    Quoting Benjy
    View Post
    Nope, I'm not eligible for Traffic School. The Officer checked it as a non-Correctable Violation on my ticket.

    Speeding citations are never marked as correctable. That would only apply to mechanical violations and license/insurance and or registration citations.

    Quote:

    Quoting Benjy
    View Post
    If it IS highly unlikely or not even possible that the case be re-filed or my speeding charge amended to a more serious 2 point charge, then it seems that there is nothing for me to lose if I go to court and plead my case, or get a No-Win-No-Fee Lawyer to represent me, right?

    Where do you get the idea that pleading your case when you were cited or over twice the posted limit would get you anywhere?

    Also, where would you get one of those No-Fee-No-Win lawyers assuming they even exist for defending a criminal case where the defendant was charges for driving in excess of twice the speed limit? A case that no ethical lawyer (who WILL be charging a fee) would take without fully disclosing to the client that they are bound to lose their case?

    Third, while there is only a slim chance that the citation might get amended, and while you seem to think that what you did was OK and a simple explanation will suffice to get you out of trouble, there is no guarantee that the court will not increase your fine (your previous question was not about increased fines, it was about court costs -two different issues) and/or order your license to be suspended for up to 30 days. (VC 13200)

    You haven't even established whether or not you had a case to plead. And "I was confused" simply isn't going to cut it!
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