Is 115 In 65 A Misdemeanor Or Infraction in California

Hi there, I received a speeding ticket for doing 115 in 65 zone on the highway. The CA motor vehicle violation code is 22348(b)vc (speeding in excess of 100 mph). I have gotten a letter from the court and its an absolutle mandatory court apperance to see the judge. The bail amount is $0 due to this reason. My question is, is this ticket an infraction or is it a misdemeanor ? on the ticket itself, the offier circled "I" for infraction and not "M" for misdemeanor. I also checked the DMV vehicle code for this ticket and it does NOT mention anything about a misdemeanor. the code can be viewed here:
http://www.dmv.ca.gov/pubs/vctop/d11/vc22348.htm

but i spoke to a lawyer and he said that it depends on the judge/ city attorny to decide how they want to prosecute you and more importantly how they file the citation into the system. He said nothing is for sure untill the court hearing date. Has anyone gotten such a ticket before? what was the outcome, i really hate having a misdemeanor on my record and i really dont have money to hire a lawyer to help me out a bit. :wallbang:

someone please point me to the right direction with this citation. thanks !

They can't file an infraction as a misdemeanor. The state can REDUCE a charge, but they cannot make it more serious than it already is. If this attorney thinks they can file it as a misdemeanor, he either has little experience with traffic matters or thinks that they might file some additional charges ... though, I don't know what they might file - reckless driving is not possible for speed only.

It's an infraction.

- Carl

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Quoting cdwjava

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They can't file an infraction as a misdemeanor. The state can REDUCE a charge, but they cannot make it more serious than it already is. If this attorney thinks they can file it as a misdemeanor, he either has little experience with traffic matters or thinks that they might file some additional charges ... though, I don't know what they might file - reckless driving is not possible for speed only.

It's an infraction.

- Carl

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thanks for the reply, i have had a hard time understanding how it would be made into a misdemeanor too, which is the reason why i am seeking help here, to find out if i could possibly be facing a more serious charge or if the lawyer is just trying to milk me for $1,000 arraignment apperance. from what i've heard, since this ticket is for 100+ mph, its more serious than a regular speeding ticket. i was also told that it could be counted as vehicular manslaughter and etc.....

im a broke college student and would like to avoid lawyer fees as much as possible. if its just an infraction, ill show up by myself to court but if there is a chance for misdemeanor then im going to appear with a lawyer.

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Quoting mikexima

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from what i've heard, since this ticket is for 100+ mph, its more serious than a regular speeding ticket. i was also told that it could be counted as vehicular manslaughter and etc.....

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IF someone had been injured as a result of your actions under CVC 22348(b), yes, a more serious offense could be cited. However, that does not appear to be what happened.

As it stands the 2007 bail and fee schedule indicates approximately $760 for fines and fees as well as two points against your license.

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if its just an infraction, ill show up by myself to court but if there is a chance for misdemeanor then im going to appear with a lawyer.

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CVC 22348(b) is an infraction. If any courtesy notice you receive indicates otherwise, I would consider consulting an attorney as it likely means they have added another offense as well (which should be on the notice). I doubt this will happen - I cannot imagine what they would possibly tack on.

- Carl

thanks for all your help. my court date is this week, i think its a bit too late for courtesy notices :). and based on what you have said, i am greatly relieved (i couldn't even sleep last night). I think im just going to save the grand and appear solo at the court.

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Quoting mikexima

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thanks for all your help. my court date is this week, i think its a bit too late for courtesy notices :). and based on what you have said, i am greatly relieved (i couldn't even sleep last night). I think im just going to save the grand and appear solo at the court.

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So... what is your defense going to be? If you don't intend to put on a defense, do you just plan on pleading guilty?

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Quoting cdwjava

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They can't file an infraction as a misdemeanor. The state can REDUCE a charge, but they cannot make it more serious than it already is. If this attorney thinks they can file it as a misdemeanor, he either has little experience with traffic matters or thinks that they might file some additional charges ... though, I don't know what they might file - reckless driving is not possible for speed only.

It's an infraction.

- Carl

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Wow.... Carl and I agree on something!!!

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Quoting EWYLTJ

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Wow.... Carl and I agree on something!!!

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Well, I am not surprised.

I think there is probably MORE that we AGREE on than we might DIS-agree on ... we just tend to butt heads on two or three things.

- Carl

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Quoting EWYLTJ

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So... what is your defense going to be? If you don't intend to put on a defense, do you just plan on pleading guilty?

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knowing that im not eligible for traffic school (finished the 12 hour 6 months ago), i am going to plead not guilty and hope the officer doesnt show up. if he does, then i'll pay the fine. :(

btw, does anyone know why the bail amount is $0 and why its a mandatory apperance ?