100mph in 65mph Zone, CVC 22346(B)

My question involves a speeding ticket from the State of: California

I got got pulled over after doing around 110 in I15 on new years eve. Im wondering what i could do to possibly lessen the ticket or how much im going to have to pay. Ive looked around at other peoples topics but i cant seem to find the same circumstances as my ticket.

Im 18, working full time and college student and i have a clean record, no tickets either. It says my speed was approx 100mph with the code 22346(b) Exceed 100mph and marked as an infraction. Also, the officer forgot/didnt give me my license back, i don't know if thats relevant but rather annoying. My court date is in 2 months, do i have a chance for traffic school and how many points is this?

You should hire an attorney to handle this for you.

This is not something you should attempt to do on your own.

An attorney can probably negotiate this down to a lesser charge. AKA 75 mph or a non moving violation.

Ok, how would i go about doing this? Im 18, ive never had to do anything like this and i dont know much about the legal system. Where exactly would i find an attorney to help me out? thanks

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Quoting kburn

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Ok, how would i go about doing this? Im 18, ive never had to do anything like this and i dont know much about the legal system. Where exactly would i find an attorney to help me out? thanks

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It would be wise for you to have an attorney.

Here is a link to help find you one;

http://www.expertlaw.com/referrals/dui.html

Just check the SPEEDING box

Ok thank you, i filled that form out. Generally how much does it cost to hire an attorney to do this for me?

Edit: I just got a call from that referral form and i was told that the firm only handles DUI's based citations. Is there any other way i could find an attorney in my area?

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Quoting kburn

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Ok thank you, i filled that form out. Generally how much does it cost to hire an attorney to do this for me?

Edit: I just got a call from that referral form and i was told that the firm only handles DUI's based citations. Is there any other way i could find an attorney in my area?

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Your local yellow pages, look up traffic attorneys, most will handle a case like this for a small fee of $75 to $200

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Quoting OhMy

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Your local yellow pages, look up traffic attorneys, most will handle a case like this for a small fee of $75 to $200

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I think you are a little underpricing it. There used to be firms in the Bay Area that would handle your traffic case for $250, but that was more than 20 years ago. Today, I suspect a CONSULTATION might run you between $75 and $200, but to actually handle the matter will likely be (at least) in the area of $500 to $750.

Oh, and I suspect the offense is for CVC 22348(b) - not 22346 as that offense does not exist in the CVC.

The 2008 UNIFORM BAIL AND PENALTY SCHEDULES indicates that your penalty should come to about $760 and that 2 points will be assessed to your license if convicted.

- Carl

WOW I knew everything in CA was expensive, but I had no idea. I am used to the prices in Texas:D

Not that I had to use an attorney, nor have I had any traffic tickets.

I guess I need to realize that this is no longer 1985:rolleyes:

There might be some bargain-basement assembly-line law firm that does these cheaper, but when I had a ticket 25 years ago, it was $250. And knowing how all things go up, well ...

- Carl

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Quoting cdwjava

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I think you are a little underpricing it. There used to be firms in the Bay Area that would handle your traffic case for $250, but that was more than 20 years ago. Today, I suspect a CONSULTATION might run you between $75 and $200, but to actually handle the matter will likely be (at least) in the area of $500 to $750.

Oh, and I suspect the offense is for CVC 22348(b) - not 22346 as that offense does not exist in the CVC.

The 2008 UNIFORM BAIL AND PENALTY SCHEDULES indicates that your penalty should come to about $760 and that 2 points will be assessed to your license if convicted.

- Carl

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Strange, on my ticket it clearly says VC 22346(b). Its missing the first C and it has a 6 instead of an 8 at the end. Since the fine is already $760, would it even be worth it hire an attorney for $500+?

So if i were to go to my court date alone do i actually get to speak to a judge? or just some clerk who gives me my fees and such?

A reference to "VC" on a California ticket is to the California Vehicle Code (CVC) - the initial C stands for California, which is self-evident from its being a California ticket.

Sometimes on multi-part forms numbers can be unclear - an eight may appear to be a six. I'm speculating, though, as I haven't seen your ticket.

I do not think that pleading guilty to 100mph is wise.

You need an attorney to represent you. Whatever the cost of the attorney it is well worth it.

Good luck finding auto insurance with a conviction of 100mph on your record.

You may be walking until you are 30 years old.

GET A LAWYER.

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Quoting kburn

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Strange, on my ticket it clearly says VC 22346(b). Its missing the first C and it has a 6 instead of an 8 at the end. Since the fine is already $760, would it even be worth it hire an attorney for $500+?

So if i were to go to my court date alone do i actually get to speak to a judge? or just some clerk who gives me my fees and such?

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Aaron had it correct.

Some people use the shorthand "CVC" for "California Vehicle Code", others use
"VC" for "Vehicle Code" ... likewise some use "CPC" for "California Penal Code" and "PC" for "Penal Code." I use CVC and PC (not CPC) out of habit, I don't have any other reason besides that.

Your first court date is the arraignment. There, you get to enter a plea and arrange a court date if you want to contest the citation. The judge at that hearing will not entertain your defense.

If the DA's office handles citations in your county, you can contact them and ask if they are willing to offer you a lesser offense of some kind.

- Carl

Kburn,

If your ticket clearly says 22346b, then you should go to an arraignment at your earliest convenience (before the cop realizes his mistake and ammends the ticket). At your arraignment, you should ask for a dismissal due to the obvious defect on the ticket. Since there is no section 22346 in the VC, you haven't been charged with anything.

If this doesn't work, then you should look for an attorney. Also, if it doesn't work, you have created grounds for an appeal.

Good luck. Let us know what happens.

I can't imagine that it will be filed as 22346 since the offense does not exist and the court clerks would be unable to enter it into their system. Thus, any notice the OP receives should be for 22348. If no notice is received, and the "6" is CLEARLY and without dispute a "6", then you are correct, there might be grounds to dismiss due to a defect on the charging instrument.

But, having seen this sort of error a few dozen times over the years, it will either result in a corrected notice from the court, or, the court will reject the citation, returning it to the issuing agency for amendment.

- Carl

Carl,

I agree with you... that's why I suggested going ASAP. It's kind of a long shot... but he will loose that if he waits.

Actually i took a closer look under a light and i can see where the 8 is imprinted but it didnt show up on the carbon copy. So it looks like trying to get it dismissed is out. :(

Just for clarification, one of my friends was appointed a public defender when he went to court for his ticket. No one has brought this up so im assuming they wont do much for me, or i wont be allowed one?

I suppose ill start looking for an attorney, because i really cant afford the $760 and insurance increase, and definitely cant have my license suspended because of school and work. If i could get a lesser charge it would help alot, would community service or traffic school/defensive driving be a possibility for a ticket like this?

Thanks to everyone for the help.

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Quoting kburn

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Just for clarification, one of my friends was appointed a public defender when he went to court for his ticket. No one has brought this up so im assuming they wont do much for me, or i wont be allowed one?

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CA state law does not allow for public defenders for traffic cases. If your friend had one, it was probably because there was some legal aid counsel there to help advise people.

- Carl

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Quoting cdwjava

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CA state law does not allow for public defenders for traffic cases. If your friend had one, it was probably because there was some legal aid counsel there to help advise people.

- Carl

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Oh ok, his ticket was for disturbing the peace, that makes sense.

I found an attorney who seems to have a good record and specializes in 22348's and speeding violations. Im going to call them tomorrow and see what they can do and what they charge, their evaluations are free. Thanks to everyone for the clarification, i was completely clueless on all this.

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Quoting kburn

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Oh ok, his ticket was for disturbing the peace, that makes sense.

I found an attorney who seems to have a good record and specializes in 22348's and speeding violations. Im going to call them tomorrow and see what they can do and what they charge, their evaluations are free. Thanks to everyone for the clarification, i was completely clueless on all this.

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Let us know what their rates are. I'm curious exactly what kind of changes might have occurred for this sort of specialization.

- Carl

well bad news, the office i called says he can practically guarantee dismissal for my ticket but its going to cost $2600. He said they subpoena everything including the officers pacing credentials, the cars certification, everything. So it all cant possibly be filed before the court date.

He referred me to someone else who can do it for $750 but would only go to court with me and probably just get my ticket down to a non moving violation leaving it open for traffic school. Not good at all since im poor college student.

Ugh.

It sounds like paying the fine and then doing traffic school might be your best recourse.

- Carl

Here is another option... how about doing a bit of research and defending yourself. Everything the lawyer told you he could "subpoena" you can get for yourself via discovery. The worst case scenario is that you loose and you have to pay the fine.

BTW... I'm not sure what Carl is thinking, but I don't believe traffic school is going to be an option.

I really cant afford the extra attorney fees so what should i do myself?

My first court date is in 2 months and im pretty sure i need to go in there and plea not guilty to set up another hearing date. Then at that hearing ill be able to appeal to a judge and do the same thing that an attorney would?

I would love to have this dropped due to subpoenas but i dont know how to do any of that. I think my best bet now would be to talk to a judge and use my clean record to bring the ticket down?

To be honest the biggest problem is the points, the fees i can get over but those points on my record are going to kill me with insurance.

If you can't hire an attorney, then try to defend yourself. Get the Nolo Press book: "Fight Your Ticket & Win in California"
ISBN: 9781413306415

http://www.nolo.com/product.cfm/Obje...8BE0E/104/263/

I have not seen that book in years, but it was quite good, and I assume it still is. It's a bunch of work though, and there is no guarantee of results.

I'm not sure if you can get traffic school with that high of a speed, but if you can, that's better than a straight conviction, which will shoot your insurance rates to the moon. You might consider that if the cop shows up for trial, which he likely will in a case like this.

If the law allows traffic school for that violation, and you go to trial and lose, ask the judge for traffic school. There is case law that says it is up to the judge's discretion to allow traffic school after conviction. So if the judge says he CANNOT grant or is prohibited from granting you traffic school (as opposed to just declining your request), that's grounds for appeal.

Good luck.

Well i talked to another attorney, someone else the first attorney referred me to. Hes charging me $800 for him to go to both my appearances and he said most of the time he can get them dismissed, but theres at least a really good chance of traffic school. Especially with my clean record. $800 is still going to hurt but at least i can have him do everything for me.

im probably going to go that route since i dont have time with work and school to be doing all this, and hes got a better shot than i do at bringing the ticket down. Note to self: never speed again :wallbang:

Not a bad decision. Now... please come back here afterwards and tell us what happened. If your attorney gets a dismissal, please let us know how he did it. We want all the details.

Well after 2 reschedules and 6 months later i had my court date....and good news! it was dismissed! the cop showed up and my attorney tried to get him to take it down to a 1 point violation. He wouldn't do it so it went to trial. In the letter my attorney wrote me he said he was able to show that the cop couldnt prove it was me and was an incompetent witness.

Im thinking that t may have been because of my car being dark, all the cars on the road, and he didnt get me on radar. Im going to call him tomorrow to say thanks and ill get all the details of what he did.

Very cool.... looking forward to seeing details.