CVC 22350 Unsafe Speed (Wheelie)

So I got a ticket today for CVC 22350 Unsafe Speed (Wheelie). He said I was lucky and he was not going to impound my bike and right me a misdemeanor ticket ? He stated the approx speed as 50 with PF Max 50. What am I up againt in cost and if I can request traffic school? It has been atleast 18 months sense my last time going to Traffic school. This was in Irvine Ca...

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Quoting rdjohnson55

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So I got a ticket today for CVC 22350 Unsafe Speed (Wheelie). He said I was lucky and he was not going to impound my bike and right me a misdemeanor ticket ? He stated the approx speed as 50 with PF Max 50. What am I up againt in cost and if I can request traffic school? It has been atleast 18 months sense my last time going to Traffic school. This was in Irvine Ca...

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The speed limit was 50 and he wrote you for doing 50? This guy is a pinhead!!! You should be able to demonstrate that your SPEED did not create a hazzard to persons or property (as alleged by 22350). I would object to any mention of the "wheelie" as you were not charged with doing a wheelie... you were charged with a speed violation. You should point out to the court that had the officer charged you with another infraction (i.e. reckless driving) you may have plead differently, however, there in evidence that suggests your SPEED created a danger to persons or property.

Furthermore, since you were not violating the prima facie speed limit, VC22351 does not come into play. Therefore, it is the burden of the prosecution to show that your speed violated the basic speed law.

This should be an easy win for you and a good lesson for the cop. Do some research. Read the vehicle code. You should be fine.

Yep. he should have cited for CVC 23103 - reckless ... MAYBE even an exhibition of speed. 22350 would be a tough case to make.

- Carl

Jim,

Where have you been? Things have been kinda silent here without you! :D

- Carl

Well, I don't know. I don't usually disagree with you, Carl. But, you could contend that ANY speed is unsafe if you're "poppin' a wheelie". If I were the judge, I might assume that the officer was actually giving the guy a break by citing him for "unsafe speed" as opposed to "reckless driving", which might result in the suspension of the guy's license (at least in WA).

And now the guy wants to contest it based on the idea that 50 in a 50 is not "unsafe" -- even if he's doing a "wheelie"? Good luck with that.

Barry

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Quoting blewis

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Well, I don't know. I don't usually disagree with you, Carl. But, you could contend that ANY speed is unsafe if you're "poppin' a wheelie".

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If there had been a collision as a result of this action, I could see that being easier to make because a generic "reckless" would not generally be permissible for a primary collision factor. But, I think it's akin to citing for unsafe speed if someone runs a red light ... a "safe speed" would have been to be stopped.

I see your point, and that's why I commented that it would be a tough case to make - but not impossible. Though reckless would have been much easier to articulate and would not require the establishment of speed which can be a minefield out here.

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If I were the judge, I might assume that the officer was actually giving the guy a break by citing him for "unsafe speed" as opposed to "reckless driving", which might result in the suspension of the guy's license (at least in WA).

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Unfortunately, the elements of the two offenses are different and, frankly, making a case for the unsafe speed would be tougher than making a case for reckless driving. Not impossible, but much more difficult

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And now the guy wants to contest it based on the idea that 50 in a 50 is not "unsafe" -- even if he's doing a "wheelie"? Good luck with that.

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But, the judge cannot amend on the fly and neither can the officer. So, unless amended before trial, the officer is going to have a very difficult case to make. It's one I would not want to have to try.

- Carl

Thanks for the help.... He did say he was giving me a break and not listing it as "exhibition of speed" and he would have to impound my bike. He said that you cannot be safe with a wheelie at any speed...

On the ticket he listed it as: CVC 222350 Unsafe Speed (Wheelie) does that matter?

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Quoting cdwjava

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So, unless amended before trial, the officer is going to have a very difficult case to make. It's one I would not want to have to try.

- Carl

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I see what you're saying, but IMHO a "wheelie" is prima facie "unsafe". So, to prosecute the case, the officer would really only have to establish that the defendant was, indeed, doing a "wheelie". Speed wouldn't really matter. The officer could say something like, "I observed the defendant travelling at a speed that I visually estimated to be 50 MPH -- give or take 20 MPH -- on ONE WHEEL!" No radar, no pacing, and, therefore, no "speed trap" defense, no calibration defense, no tuning forks, no nuttin'.

Actually, if I were the officer and saw that the defendant was going to contest the ticket, I would realize that being a "nice guy" and "giving you a break" didn't pay off. Therefore, I would, indeed, amend the ticket to "reckless driving", and send notice to the defendant and the court before the hearing. If the court allows the amendment, happy days. If not, I could still prosecute "unsafe speed".

Just my $.02,
Barry

I suppose it's a matter of what the officer thinks he can articulate at court. I'd find fewer potential potholes in a reckless argument than a speed argument ... but, I can see how it could be done - I just would prefer not to do it, myself.

And, of course, the officer thinks he cut the guy a break. If he gets kicked in the stones for cutting the guy a HUGE break, then it's likely no one else will get this kind of consideration from the officer ever again.

- Carl

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Quoting cdwjava

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And, of course, the officer thinks he cut the guy a break. If he gets kicked in the stones for cutting the guy a HUGE break, then it's likely no one else will get this kind of consideration from the officer ever again.

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Yeah, and especially when he finds out that Jim called him a "pinhead"! :)

And I don't disagree with you about reckless probably being easier to prosecute than unsafe speed. But, I still contend that a wheelie is unsafe at any speed. In fact, even if you were going 0 MPH, balanced on your rear wheel, it could be considered "unsafe".

OP, we're not trying to talk you out of contesting this ticket. You should do what you think is right. We just want to make sure you understand the possible "pitfalls" you may encounter along that path.

Good luck,
Barry