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Speeding And Speed Contest Ticket, No Courtesy Notice Yet And No Court Record

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  • 06-09-2008, 06:51 PM
    A3037
    Speeding And Speed Contest Ticket, No Courtesy Notice Yet And No Court Record
    My question involves a speeding ticket from the State of: California

    There are two violations on my citation.
    223579b (the 7 is scratched over with a 5) and says "Speeding over 55 mph"
    23109(a) speed contest

    Here's my version of the events:
    My friend and I were at a light, he has a car with a loud modified exhaust. We both accelerated briskly, from a red light side by side, from a stop. He accelerated to make a left turn ahead of me and we were pulled over.

    The officer said he paced us to 70 mph, but he was turning onto the main road, one intersection behind us, and most likely accelerated up to 70 in pursuit of us. I understand pacing as an officer maintaining equal distance for a certain speed and using the speedometer to gauge.

    I'm aware 23109a is a serious misdemeanor and plan on contesting the ticket and planning for the worst. I currently do not have any points on my driving record that I am aware of.

    The model and color of my car, on the ticket, are not correct. The color written down as white, though the car is black. The date of the violation is 5/11 and I have not received the courtesy notice (currently 6/9). I called the county courthouse and the clerk has no record of the citation on the court system and continued to insist I check, leading up to the court date. I don't want to risk an arrest warrant and added fines.

    My questions are the following:
    - How valid is the measure of speed (accelerating up to 70 to reach me) used to gauge me?
    - What do I do if I don't receive a courtesy notice and the ticket is still not in the court system?
    - Are misdemeanors treated differently from ordinary traffic violations as far as being processed in the court system?
  • 06-10-2008, 05:03 AM
    lwpat
    Re: Speeding And Speed Contest Ticket, No Courtesy Notice Yet And No Court Record
    For a serious offense you need to retain an attorney. This is not something to try on yoru own.
  • 06-10-2008, 11:27 AM
    cdwjava
    Re: Speeding And Speed Contest Ticket, No Courtesy Notice Yet And No Court Record
    It is very possible the misdemeanor was filed with the DA and NOT with the court, directly.

    Abesnt any "courtesy notice" (not required to be sent to you, by the way) you need to appear in court at the time and place indicated on the citation.

    - Carl
  • 06-14-2008, 09:06 PM
    EWYLTJ
    Re: Speeding And Speed Contest Ticket, No Courtesy Notice Yet And No Court Record
    There is no such code as 223579b. He likely meant to charge you with 22349b. However, if that is not what he wrote, then you are not guilty of violating 223579b as no such code exists.

    If he said you had a white car, but it was black... that is pretty good evidence that the ticket is defective on its face (especially considering the 223579b charge). You need to do some research and be prepared, but you should be able to present a pretty good case.

    Also, he has to have grounds for the 23109 charge. It sounds as if he is pretty weak. The fact that his evidence is weak coupled with the defective ticket may just make you a winner.
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