30 Over In California, CVC 22349(a)

Well, this is a frequent thread title in this forum as the trusty search button has come to show me, but I just wish to ask for some simple advice.

To give my lame excuse as to why I was speeding (which I'm sure I was, but entirely unsure if claimed speed is accurate), here it is in short. This is also my first time ever being pulled over.

Headed north on I-5 from San Diego to Los Angeles, it's a 4-5 lane freeway at the area I was pulled over I believe, I was barely going faster than the speed of traffic but was in a "rush" because there is a fire by my house right now and I needed to get home in case I needed to evacuate. I'm driving in Lane 1 and distracted by a fire to the left, then I check my mirror and there are those good old lights...I've never been pulled over and my dumb self pulled over the the left shoulder instead of the right (luckily he didn't give me any citation for that... if there is one) and he says that I was going 95 in a 65. I did not agree or argue against, more of a "Ok...here is my info". He writes my ticket and kept a good attitude for most of the operation.

I already recognize my faults and am just frustrated at the turn of events, but was curious if you think it is just best to go to the arraignment and if the judge doesn't offer traffic school (which he probably won't because it's 30 over as I've read), should I just plead guilty and ask for traffic school?

Also I was thinking of a request for discovery because he didn't really tell me how he clocked me. I wasn't paying attention so it could have vary well been a pace, but I'm just curious as to how it was decided I was speeding.

Also if I do file the request for discovery and I do not receive the information can that lead to dismissal?

Should I try for the traffic school with guilty + explanation, or plead not guilty and hope for a no-show at trial, and if he does show try for traffic school if proven guilty?

Sorry for the long rant, but I figured I'd get it all out at once. Thanks in advance for any response :)

Under the circumstances, I'd suggest you go to court and hope the officer doesn't show up; he may not. If he does, I'd be on my best behavior and profess that you don't think you were going 'quite' that fast, explain the fire situation (if it really makes sense and it sounds like it doesn't) and respectfully request the option of traffic school. I think that's your best hope of getting out of this deal in as good of shape as possible.

Hmm... thanks.

So just to clarify, if I go to the court on the first date assigned, and the officer is not present, will it be dismissed? Or would I have to plead not guilty and then hope he doesn't show to the trial?

Thanks again :P

The latter. On your first appearance, you'll want to plead 'not guilty' and a trial date will be set. You should be able to do that by mail and, thus, only have to go to court once.

Excellent, thank you.

So I'll wait for my notice then, and mail in as not guilty? Then I go down there, if the officer is not present at roll call it will be dismissed, and if so then I'll try for traffic school.

Thanks again :D

You're welcome! That strategy is probably about as good as you can do. If you don't get a notice soon, call the court to find out how to proceed. Since your speed was excessive, I imagine the officer will show up....but you never know!

Sorry this may seem like a dumb question, but do you think that pleading not guilty will lower my chances at traffic school? Or should they stay fairly balanced?

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Quoting Uookaa

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Sorry this may seem like a dumb question, but do you think that pleading not guilty will lower my chances at traffic school? Or should they stay fairly balanced?

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Yes, it will decrease your chances for traffic school so you need to consider that. However, considering you were going '30 over', you might not have the option, anyway.

Even if 30 over the limit, the court can still allow for traffic school in most circumstances. Only the clerk of the court is prevented from offering it up front when the speed is 25+.

- Carl

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Quoting cdwjava

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Even if 30 over the limit, the court can still allow for traffic school in most circumstances. Only the clerk of the court is prevented from offering it up front when the speed is 25+.

- Carl

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Yea I've seen you say this on other posts. Really I just want to avoid my insurance going up, do you think I'm better off just trying for traffic school, or is it actually worth it to plead not guilty and hope the officer doesn't show up?

It's a tough decision...