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122 MPH on a 65 Zone in California - What Should I Do, Seeking Any

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  • 03-21-2013, 02:31 PM
    firsteagle
    122 MPH on a 65 Zone in California - What Should I Do, Seeking Any
    My question involves a traffic ticket from the state of:
    Several days before, I took a vacation with my friends to SF and when we wanted to go back to Los Angeles, it was a little late so I drove fast when I feel it was safe to do so. I drove 122 on a 65 zone on SR 46. There was absolutely no car at that time on road and the road is very straight. I immediately slowed down when I saw a car in my sight. And then I was pulled over by the cop. The cop was really angry and threatened to arrest me immediately but finally he gave me a ticket. It is a violation of 22348(b) vs speed 100+ (Infraction). After some research, I feel lucky he did not charge me for reckless driving, probably because there is really no car there and I slowed down immediately when I saw a car and I have a clean driving record. The cop told me the fine will be around $3000.

    I really learned a lesson from it and I believe I will never speed any more, even I feel it is safe. Now I want to know how to handle this ticket. Should I find a lawyer to help me to defend the case? Is there any possibility that I will win in trial, with a speed at 122(although I believe it should be around 115, but it is still way above 100 mph)? If the judge decides to suspend my driver license for 30 days, when does the suspension will take effect? Will the driver license suspension of driver license take effect immediately or the DMV will set a starting time themselves after they receive the judgment?

    I have begun to save money for the big fine and potential increase on my car insurance or retaining a lawyer. But what is the best way to handle this matter? I am a student and I live on campus. 30 day driver licence suspension is harsh but will not affect my life significantly.

    Thank you all for any suggestions.
  • 03-21-2013, 02:43 PM
    That Guy
    Re: 122 MPH on a 65 Zone in California, What Should I Do
    Quote:

    Quoting firsteagle
    View Post
    What Should I Do

    Pray first... Then pray some more, and then throw yourself at the mercy of the court.

    The fine CAN be up to $4075 however, more often than not, its usually around $900, but that is usually for 105 110 or so...

    You may have learned your lesson although an argument can be made that a lesson is not learned until the penalty is paid. This case, as you may have alluded to, a license suspension is likely. If that were to happen, the court will require you to turn in your license to the bailiff forthwith. and your suspension will start immediately. Unless otherwise approved by the court. And yes, I agree with you that a 30 day suspension may not be harsh enough... You should wait until you have to a start shopping around for a new insurer.

    While I normally would recommend the advice of an attorney, I have to preface that by saying I don't know what if anything an attorney can do for 122mph... But you will still be much better off with one instead of without.
  • 03-21-2013, 03:09 PM
    firsteagle
    Re: 122 MPH on a 65 Zone in California, What Should I Do
    Thank you for the suggestions. If I want to get an attorney to help me, when should I begin to contact the attorney? Now or after I receive the courtesy of notice?
    Another questions is will I know the penalties on the courtesy of notice for the violation of 22348(b)? Or I will only know the penalties after I appear in court? It seems like the violation of 22348(b) requires mandatory appearance. If the courtesy of notice contains the penalties, I think I can see the penalties first, and then to decide whether to get an attorney.
    Is it a minor traffic violation or a major traffic violation? Will it affect my future job search or career, ect? Thank you very much!
  • 03-21-2013, 03:24 PM
    johnb123
    Re: 122 MPH on a 65 Zone in California, What Should I Do
    Quote:

    Quoting firsteagle
    View Post
    Thank you for the suggestions. If I want to get an attorney to help me, when should I begin to contact the attorney? Now or after I receive the courtesy of notice?
    Another questions is will I know the penalties on the courtesy of notice for the violation of 22348(b)? Or I will only know the penalties after I appear in court? It seems like the violation of 22348(b) requires mandatory appearance. If the courtesy of notice contains the penalties, I think I can see the penalties first, and then to decide whether to get an attorney.
    Is it a minor traffic violation or a major traffic violation? Will it affect my future job search or career, ect? Thank you very much!

    There have been major cut backs in the court system, here in California. Depending on where you're at, this could takes months to get to court. Court houses have also been closing, check to see where your case will be heard. You can also pray the court loses your information. I had that happen once. Got a traffic ticket, the ticket was never entered into the system. If it's not found within 1 year, you're home free. Unfortunately for me, they found my information within a month of the 1 year date. The way the courts are backed up now, you might get lucky.
  • 03-21-2013, 05:07 PM
    That Guy
    Re: 122 MPH on a 65 Zone in California, What Should I Do
    Quote:

    Quoting firsteagle
    View Post
    Thank you for the suggestions. If I want to get an attorney to help me, when should I begin to contact the attorney? Now or after I receive the courtesy of notice?
    Another questions is will I know the penalties on the courtesy of notice for the violation of 22348(b)? Or I will only know the penalties after I appear in court? It seems like the violation of 22348(b) requires mandatory appearance. If the courtesy of notice contains the penalties, I think I can see the penalties first, and then to decide whether to get an attorney.
    Is it a minor traffic violation or a major traffic violation? Will it affect my future job search or career, ect? Thank you very much!

    For all intents and purposes, the courtesy notice is meaningless as far as this is concerned. No it will not ell you what the penalties will be, in fact, you may not know what the penalties will be until you are sentenced. For the maximum penalties, you can read the cod section HERE. Just keep in mind that the fines described in the code are the BASE fine. Whereas the amount you will end up paying includes additional penalties and assessments (for a total of approximately 4 times the base fine).

    This is not as serious as a DUI or reckless driving but it certainly is not a minor traffic infraction. I don't know what job you wuld be looking for or what career are you pursuing! It appears that this will be reported on your driving record for 10 years fro the date it is abstracted by the court. (LINK, look under third paragraph under "Abstract Of Convictions" Heading)
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