Speeding Ticket in California

[QUOTE=cdwjava;299859]The typical first offense can include fines and fees up to $760 (per the 2009 Uniform Bail and Penalty Schedule).

And there is case law on most everything, it depends on what you are hoping to use it for. I want to show the correct interpetation .

Why do you ask about bringing a licensed driver? Don't you have a license? And unless his other driver was present with you at the time, he is not a witness and should not be permitted to testify .Yes, he was with me.

And, yes, the court MAY (but does not appear to be required to) suspend your license for up to 30 days. I have never known a court to do this as a regular practice, but then it is not a common violation so it's not possible to predict what the local court might choose to do.
If the worse happens, would I dare drive home? He said, "Your license will be subject to 30 days suspension upon conviction." The way and the fact that he looked up at me as he was citing the penalties hit home.

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Quoting onerita

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I want to show the correct interpetation

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How many ways exist to interpret this?

(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction ...

Case law may show a number of different things, but if the court finds you to be in violation of the section, well, there it is.

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Yes, he was with me.

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Then you may bring him with you. I presume the court will allow your witness to testify on your behalf. How much weight the testimony of your friend will hold, I cannot say.

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If the worse happens, would I dare drive home? He said, "Your license will be subject to 30 days suspension upon conviction." The way and the fact that he looked up at me as he was citing the penalties hit home.

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Then maybe a licensed driver would be a good idea.

- Carl

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Quoting onerita

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Should I bring a licensed driver ?

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I have seen judges request that the defendant surrender his license right there on the spot after a finding of guilt.

However, the most recent case I attended, the judge requested the license to be surrendered but the bailiff reminded the judge that "we no longer do that your honor"...

Might be a good idea to have a licensed driver go with you! :p

onerita,

Are you getting cold feet? Part of the little extortion game is to try to scare a person into a guilty plea. For lesser offenses, the game involves a bribe (i.e. traffic school) in which you pay your honorarium to the CA Don, waste a Saturday and then we'll just keep this little indescretion to ourselves.

I don't care what Carl says... the whole system (not just the zealous cops writing the tickets) is geared towards money making. When you decide to defend yourself in court, you drastically cut into the profits. So, the goal of the extortion game is to keep you out of court if at all possibe. That's why the vast majority of tickets do not end up in court. I read another thread where a person was talking about a particular cop who wrote 76 tickets and only one of them was challenged. I'm not sure if that is typical, but I suspect it is.

Also, I have read on here and other places about the costs of tickets. I was reading an article about red light camera tickets and how they cost about $75 in other states!! I believe here they are around $400!!!

There are some State Officials who post here regularly who argue dilligently the virtues of California and how there is no profit motive going on. However, if it looks like a duck, walks like a duck and quacks like a duck....

So, your cheerful cop accuses you of doing 101 and he charges you with 22348. First of all, he must be pretty confident that you won't contest the ticket. He is probably right to feel so cocky given the statistics. But, with a charge of 22348, he must prove his accuracy with less than 1% error!! He could have written you for 22349 and all but ensured a conviction. However, he chose 22348. Why? Well, either he is an absolute moron to pick a citation that requires a less than 1% tolerance or maybe he recognizes that a 22348 will cost you about double what a 22349 will.

So, the facts are clear. Either there is profit motive or the cop is just incredibly stupid/arrogant. I could believe either one. While both are probaby true, I would think the more likely is the former.

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Quoting That Guy

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I have seen judges request that the defendant surrender his license right there on the spot after a finding of guilt.

However, the most recent case I attended, the judge requested the license to be surrendered but the bailiff reminded the judge that "we no longer do that your honor"...

Might be a good idea to have a licensed driver go with you! :p

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That's because the court does not control driver's licenses, the DMV does. The court can order the suspension, but it doesn't take place until the abstract reaches the DMV. There was a pissing match on this a few years ago as I understand, and it was settled that the court cannot suspend the license, only the DMV can. That is not to say that the court cannot make such an order, but that the order does not really take effect until the DMV takes the action.

- Carl

NO COLD FEET ALLOWED! Just need to know what can happen, I don't like surprises. I'm getting nervous, but it's not changing my resolve.

Outstanding!!! I really believe there is no way you can loose assuming you have a reasonable judge that actually follows the law. Now, that being said, there are plenty of traffic judges that think the law is merely a suggestion. You should be prepared to loose. However, if you do, you should immediately be looking at an appeal. Those are not taken nearly as lightly as traffic court judges would like!