ExpertLaw.com Forums

Speeding at Over 100 MPH in California, VC 22348(B)

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 02-18-2016, 05:20 PM
    Goingtofast
    Speeding at Over 100 MPH in California, VC 22348(B)
    My question involves a traffic ticket from the state of: CA

    Hello, I have been a long time lurker here and this is my first post. I will try to make this short and to the point.

    I was sited for exceeding 100 MPH pursuant to VC 22348 (b) while driving on the freeway in LA (Posted speed limit of 65) very early in the morning. Very few cars, going down hill, my speed just got away from me. . The office said I was going 101 MPH and used a radar at a recorded distance of 2133 (Im assuming ft, but it wasnt noted).

    This was the only violation I was sited for. I have an arraignment date set for 2/24. I would love you advice on what to do...

    I am aware of what penalties 22348 (b) carries but I want to know if I should plead guilty or not guilty. My thought is that pleading guilty will just incur the penalties of 22348 (b) and the fine will be somewhere around $850. But I really dont want to lose my license for 30 days so that is my chief concern.

    If I plead guilty, is there any chance that the judge will reduce the penalties? Say a 15 day suspension instead of 30? I could deal with that.

    If the judge will not reduce the penalty, my thought is to plead not guilty and just try to fight it. Why not? If I lose, wont I most likely just be assessed the original penalties anyway?

    Also I have read that because my noted speed was 101 exactly that I could use -/+ 1 radar error as a defense which then shows reasonable doubt in regard to 22348 (b) specifically. I dont mind a reduced sentence...I was speeding and I am not trying to get out of this, just trying to play the best hand.

    Any advice? Sorry I missed any info.

    Thank you
  • 02-18-2016, 09:12 PM
    donzoh1
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    My suggestion is that you contact an attorney. Pay them a couple hundred bucks and they'll give you some ideas or maybe you'll ask them to represent you. You might not wind up saving any money but they might be able to set up a plea bargain where you'd avoid the suspension. And, they can appear on your behalf so you can keep working to pay all the money you're going to pay.
  • 02-19-2016, 10:31 AM
    Goingtofast
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    Thank you Donzoh1,

    I am hesitant to get a lawyer because I am not sure what they can really do. How can they plea with the judge any differently then I could? I get asking for advice but having them appear for me sounds like a waste of money. I wont be missing work on the day of my arraignment. Wont the Lawyer just say guilty or not guilty?

    Maybe if I say not guilty I should get the lawyer. IDK.

    I appreciate you responding.
  • 02-19-2016, 12:53 PM
    donzoh1
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    At arraignment, the judge would likely give you time to hire an attorney and your trial won't be that day anyway. Many traffic lawyers have relationships with the local law enforcement people or prosecutors and they can tell you how much it will cost and what they're likely to be able to accomplish. I'd put my money on a local guy or gal, not some TV type. Again, it's not a way to save money short term but might be long term with regard to insurance rates, suspensions, etc. You could do TBWD yourself just to see if you can get lucky by the officer not responding. I've had good luck in the past with that strategy, although with a more serious case like this, I'm betting they are more likely to respond than usual. Who knows?

    You can always try TBWD and hire an attorney after that if you're convicted. The attorney would be able to continue with Trial de Novo or help you in that regard. You are not allowed to lie at TBWD but you must avoid incriminating yourself or you'll screw the lawyer's chances to help you later.
  • 02-22-2016, 11:03 AM
    Goingtofast
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    I have received a couple speeding tickets in the past and the amount owed was always reduced. I also read that someone who had a v 22348b got their sentence reduced (smaller $$$ and reduced suspension time). Do you often see this to be the case in 22348 b?

    If I plead not guilty and request TBWD, Im assuming Ill have to post bail which could be $825+ and that would be due right away right?

    Part of me just wants to get this over with and plead guilty and hope for the best.
  • 02-22-2016, 01:54 PM
    donzoh1
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    Unless you're flat broke, you'll have to pay when submitting your TR205 form. You probably won't get the result for a month or so. Then, you might wait another month for court trial, while your bail is still on deposit, assuming you're convicted at TBWD. You might well get a reduction in exchange for a guilty plea. cdwjava might be the best person here to answer that. Or, you can buy a little time with a local attorney. I'm thinking whatever you pay them, it might be well worth it in a lower fine/suspension.

    A lawyer can help from two angles. First, they already have a relationship with the local coppers and courts where they know pretty much what to ask for and they will likely get it. Second, if they fight the case for you, the prosecution will have a tougher time proving the case. With a fine amount above 500 bucks, you're entitled to a jury trial, which erases all the money that will ever be collected above 500 and then some.

    Personally, I'd fight lesser infractions myself, partly because the consequences for losing are far lower and partly because I know what I'm doing. If I had your current case, I'd consider a lawyer myself and if a DUI, I definitely would hire one.
  • 02-22-2016, 04:03 PM
    cdwjava
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    The courts are often left with little leeway for any fine reductions, and such a reduction may not have to much of an impact as there are always associated enhancements and penalties as well. It's pretty much a given that defendants will ask for a reduction, how much leeway the court might have will depend both on the level the base fine is set at, and local policy.

    But, I would think the best opportunity to minimize the impact would be with a "guilty" or "no contest fee" and also asking for traffic school. Though, if the officer used a radar for the speed estimate, you may be able to prevail at trial ... maybe. Given that VC 22348(b) requires a speed in excess of 100 MPH and 101 is only barely over, and potentially within a commonly assumed +/- 2 MPH radar error, there might be grounds for reasonable doubt. However, given that there appears to be a distance associated with the reading, I'd say it was lidar NOT radar. Now, if the officer testifies that he visually estimated your speed at well over 100 MPH and cited only 101 that might present some problems.

    A plea and a request for a fine reduction and traffic school may save you money in the long run. But, as suggested by donzoh1, a consultation with a local traffic attorney may be able to give you some insight as to local practices. But, you also run the risk of simply spending whatever you might save on a reduction for a plea on that attorney, instead. I am afraid there is no guarantee here.
  • 02-23-2016, 09:34 AM
    donzoh1
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    I would would not argue with cdwjava in terms of his expertise in RADAR and LIDAR. It really seems like there's reasonable doubt here in terms of the offense charged. Assumed inherent error, sweep error, etc. are likely good issues to raise, especially at the distance noted on the citaiton (if it's in feet anyway).

    Unless you've already reached your max. delay here, I'd call the court or go online and request an arraignment delay. This will give you time to put together a TBWD. Your wish to get this over with is your worst enemy here. Knowledge, persistence, and patience are your best allies. If you do TBWD, you can force the prosecution to prove its case twice. After TBWD, you should have a really good idea about how strong the case is and any attorney looking at the case file would be able to give your a better idea of what to do from there.
  • 02-23-2016, 05:57 PM
    Goingtofast
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    The arraignment date is set for tomorrow afternoon. LA court online says that I am not eligible for extension because I already requested an arraignment date. It looks like I have to show up tomorrow.

    Given your advice I think I might fight it by pleading not guilty and requesting a TBWD. Then I can try to establish reasonable doubt based on the things you guys have mentioned above (margin for error, sweeping error, etc)

    My thought was to ask the judge what "pleading guilty" vs "Not guilty" would mean. In my mind, the judge is telling me what he will do if I plead either way. If he will offer a reduced sentence for a guilty plee then I might just take it. If its the full fine and a 30 day suspension then Ill plead "not guilty" and fight it.

    Not sure if that will work but it is my first offense and I think he probably gets asked that alot as many people probably dont bother checking the ramifications of their charges.

    If a "not guilty" plee is entered and my case is lost, does the judge impose the maximum penalty? or might he also reduce at that point? I am sure that is up to the judge and not necessarily a rule of thumb.

    Also, If I plead not guilty, the fine for the ticket will need to be paid before the TBWD can be started right? Would the license suspension (if there is one) also be imposed at that point?

    Thank you for your responses, it has been really helpful.
  • 02-24-2016, 06:57 AM
    donzoh1
    Re: Speeding at Over 100 MPH, VC 22348(B) in California
    The suspension would begin at or after conviction (or after a not guilty or no contest plea). Any bail amount must be paid when the TR205 is submitted unless you're indigent. I'm thinking you're not. Judges may or may not have discretion to lower the fine amount, depending on local rules and/or statute. You can find the local rules of court either online or at the courthouse. There may also be a policy in addition to those, but it should not contradict those. The first offense part will probably work in your favor, maybe in terms of the extension question and maybe in terms of the fine amount. On the arraignment date question, CourtClerk (on this forum) would have more info. It might be that the local policy is not to change those dates or to allow the clerks to change them. Therefore, I would suggest that you explain to the judge at arraignment to the judge that you would have been eligible for an extension but have been told you are not because you requested an arraignment date. Ask whether the judge will allow that. I'm thinking he can do that but don't know whether he will.

    I've also seen a judge grant the defendant the option of TBWD at arraignment, even though this is outside the initial provisions of CRC 4.210 in italics below:

    2016 California Rules of Court
    Rule 4.210. Traffic court-trial by written declaration

    (a) Applicability

    This rule establishes the minimum procedural requirements for trials by written declaration under Vehicle Code section 40902. The procedures established by this rule must be followed in all trials by written declaration under that section.

    (Subd (a) amended effective January 1, 2007.)

    (b) Procedure

    (1)Definition of due date

    As used in this subdivision, "due date" means the last date on which the defendant's appearance is timely.

    (2)Extending due date

    If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.

    (3)Election

    The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2). The Request for Trial by Written Declaration (form TR-205) must be filed in addition to the defendant's written request for a trial by written declaration, unless the defendant's request was made on the election form.

    (4)Bail

    The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).


    Note above that the Due Date is the last date on which the defendant's appearance is timely...in other words, the appearance date on the citation or the date otherwise set for arraignment. Note also that you need not pay the bail amount today. You need only submit the request for TBWD which is separate and distinct from the TR205 Form. The CRC provisions apply to ALL California Courts. In some courts, these are not followed unless you present the actual written requirements. You might hear "We've never done it that way before" or some such nonsense. In one case, I had to write the Presiding Judge in Ventura County to explain what the CRC requirements are and that they were not being followed before the situation was resolved. I'd take a payment method with you just in case but insist that the requirements be followed. Finally, the clerk should, within 15 days of your request, set a new due date 25 days out and provide you with the TR205 Form.

    (The reason this is all so confusing is that the Rules refer to TWO requests by the defendant. They are distinguished by upper case and lower case letters within the rule: One is the defendant's written request for trial by written declaration and the other is the Form TR205, Request For Trial By Written Declaration.)

    Finally, make two copies of your written request saying something like: "Dear Clerk of the Court, This is my written request for Trial By Written Declaration, submitted in accordance with California Rules of Court, 4.210. My Case Number, Mailing address, etc. is shown below. Thank You, goingtoofast." Have the clerk stamp the second copy and keep it for your records. You'll have at least 25 days to get your TBWD ducks in a row.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 09:29 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved