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22350 VC - Unsafe Speed Ticket

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  • 04-02-2008, 11:51 AM
    TYT
    22350 VC - Unsafe Speed Ticket
    Hello,

    I was wondering if anyone can help me on this.

    Well, the CHP officer nailed me in a 25mph zone (residential) doing a 40mph. My first ticket.

    I know for the fact I was driving under 40mph (except the officer will not believe that)

    I was making a right a turn from a busy intersection into a residential area. I didn't really have a clear view of the speed limit post since it was hidden from the tree right after I made the turn. I didn't really get a glimpse of the speed limit post.

    I was driving safely around 30mph after making the turn.

    There were no pedestrians or vehicles in sight. Even though there were nobody around that time, I made sure I was driving in a manner where it will be safe.

    After the passing the first street (0.2-0.3 miles from the intersection), I maintain a constant speed.

    It's when I passed the second street, the officer was right there waiting for me.

    After passing him, he decided to pull me over and said I was doing 40 in 25 zone. He didn't mention I was driving unsafely. He just said I was speeding (which doesn't matter).

    Should I contest or pay for the fine and traffic school?

    The only thing that bugs me is having a record of me speeding.

    If I have a feeling I won't have unless the officer doesn't appear.

    Thank you guys.
  • 04-02-2008, 12:27 PM
    TYT
    Re: 22350 VC - Unsafe Speed Ticket
    Edit:

    I won't be using the tree to back up my evidence after driving there once more. I saw the speed limit sign it was 25mph, I guess I wasn't really paying attention to it since I had my eyes on the street.

    Driving down the street again, there's two or three interesection down the residential. Now I'm not quite sure where that cop was.

    After looking at my ticket again, I didn't see the officer mentioing he used a radar. So I would guess he was using the PACE technique (I think that's what they call it).

    Ticket was given on the 31st of March (unlucky day for me)


    Other infos:
    I just turned 20, I have a clean record of driving (no tickets, while this is my first).


    If I don't win the case, is it possible for the court (on their judgement) to not give me traffic school? Meaning, it was pointless to contest in the first place.
  • 04-03-2008, 12:30 AM
    cdwjava
    Re: 22350 VC - Unsafe Speed Ticket
    22350 is also the section for exceeding the posted limit. Since it is a paced speed, the "easy" speed trap defenses will not be quite so easy.

    First, you should probably seek discovery of his notes so you can determine the method that the speed was obtained.

    Traffic school is the easiest way to deal with it, but you can fight it if you want. To put up a defense it will take time and effort. if you have the time, the effort, and the determination, it might be worth your while to try. If not, then you might consider the traffic school option.

    - Carl
  • 04-03-2008, 09:19 AM
    TYT
    Re: 22350 VC - Unsafe Speed Ticket
    Usually, when can I seek discovery to obtain notes from the officer? Is it too early to do so now or do I have to wait until my ticket appears in the system?

    Thanks for the advice so far, cdwjava.
  • 04-03-2008, 11:13 AM
    cdwjava
    Re: 22350 VC - Unsafe Speed Ticket
    Quote:

    Quoting TYT
    View Post
    Usually, when can I seek discovery to obtain notes from the officer? Is it too early to do so now or do I have to wait until my ticket appears in the system?

    Thanks for the advice so far, cdwjava.

    I am not an expert on the details of the discovery process, and I know there are deadlines involved. There are a couple of posters here that do know considerably more about the details of the process so you might try searching this site using the terms "California" and "discovery" (maybe adding "traffic" in as well) and look for some of the responses. A lot will depend on how soon the court date is relative to when the cite was issued. Some counties have court dates a couple months down the road. In that case, you might wait for a couple weeks after the cite was issued before placing your requests. Other counties - like mine - schedule court dates three to four weeks away and you have less time to get discovery, so getting the request in promptly would be best.

    Keep in mind that in many counties, the DA is not involved in the discovery process so serving discovery requests solely on the DA - while not improper - may be fruitless. As state law requires citations to be filed with the court, most DA's offices will never have a record of your cite and will not have discovery to release. Hence my suggestions that you CC your request to both the agency and the DA. In my county and many others, the DA forwards those requests to the court or to the agency (if the DA knows the agency or concerns itself enough to forward it).

    - Carl
  • 04-03-2008, 02:37 PM
    TYT
    Re: 22350 VC - Unsafe Speed Ticket
    cdwjava, if I ask for a trial, is it possible for the judge to not give me an option for traffic school if I was proven guilty? Just curious since I heard similar stories.
  • 04-03-2008, 02:53 PM
    cdwjava
    Re: 22350 VC - Unsafe Speed Ticket
    Quote:

    Quoting TYT
    View Post
    cdwjava, if I ask for a trial, is it possible for the judge to not give me an option for traffic school if I was proven guilty? Just curious since I heard similar stories.

    Not likely if you ask the arraignment court judge for a trial. However, it is often the practice that if you take the stand at a contested trial that the traffic school will be off the table if you should lose. This is not always the case, but it frequently is the practice of most traffic courts I am aware of.

    - Carl
  • 04-03-2008, 03:46 PM
    TYT
    Re: 22350 VC - Unsafe Speed Ticket
    Got another question. I've been trying to look all over the web including the court's website. What does the following mean on the ticket (form TR-130).

    P.F./Max Spd. (P.F. was circled and filled in)

    Veh. Limit

    Safe

    Special (was filled in)

    Beat (was filled in)

    Area (was filled in)

    Perm. Area

    Radar Unit/Patrol Vehicle No.

    Thanks!
  • 04-03-2008, 04:46 PM
    cdwjava
    Re: 22350 VC - Unsafe Speed Ticket
    These can mean different things to different agencies.

    Quote:

    Quoting TYT
    View Post
    P.F./Max Spd. (P.F. was circled and filled in)

    The 'prima facie' speed would be the speed limit or the safe speed.

    Quote:

    Special (was filled in)
    Not sure what this woul dbe ... it depends.

    Quote:

    Beat (was filled in)

    Area (was filled in)
    If the agency uses a beat and/or area system, this would be used to deisgnate the beat and area assignment where the violation occurred.

    - Carl
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