Cited for 22405(A) with Comments of "Breaking Traction"
My question involves a speeding ticket from the State of California; I was getting on an on-ramp today, and a CHP officer on the freeway pulled me over shortly after I merged into traffic. He cited me as going approximately 55 mph to 65 mph, which is pretty ridiculous if you see the curvature of the road. He did not pace me or radar me.
I was driving in the outer (left) lane, and passing slower cars (not merging into their lane). I do not believe that I broke traction at all; I wasn't trying to "drift" or anything.
My tires are quite old, and do squeak if I go over the bumps on the road, or touch the paint on the side of the road. I believe this is what the officer heard (I had the radio on, so I didn't hear anything).
My vehicle is also lowered, has an aftermarket steering wheel, bucket seat, and roll bar; which leads me to believe that he pulled me over because of this.
He stated that I would be getting a ticket for "exhibition of speed, and might get arrested and/or have my license revoked, but from everything I've read so far, this violation code doesn't seem to indicate anything like that.
I am 21, and this is my first ticket.
What should be my first course of action?
Re: Cited for 22405(A) with Comments of "Breaking Traction"
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Batou
What should be my first course of action?
I think your first course of action should be to learn that an officer can testify to citing you for an alleged speed based upon a "visual estimation" of that speed. They are trained to do so and their testimony to such is recognized by courts in California and has been used to convict many drivers of speeding citations.
However, I don't know if he can cite you for a 22405 by only stating a "55 to 65mph" range like that. CVC Section 22405 goes as follows:
22405(a) No person shall drive a vehicle on any bridge, elevated structure, tube, or tunnel constituting a part of a highway, at a speed which is greater than the maximum speed which can be maintained with safety to such structure.
But, if you look at22405(b) Upon the trial of any person charged with a violation of this section with respect to a sign erected under Section 22404, proof of the determination of the maximum speed by the Department of Transportation or local authority and the erection and maintenance of the speed signs shall constitute prima facie evidence of the maximum speed which can be maintained with safety to the bridge, elevated structure, tube, or tunnel.
... it states that a sign must be erected indicating a maximum speed which must also be justified by what I can assume is a Traffic and Engineering Survey. So again, I can assume that he would have to cite you for a particular speed; not a range of speeds. I have not seen that many 22405's so I could be wrong.
Second, and at least to convince yourself that you are not guilty, you need to revise (in your head) the statements that you made in your first post. For example, you stated:
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Batou
I do not believe that I broke traction at all
But then, you listed a bunch of reasons trying to justify why you broke traction:
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Batou
I wasn't trying to "drift" or anything.
Which does not prove that you didn't break traction. In fact, it may suggest that you did break traction even though you weren't trying to "drift or anything"...
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Batou
My tires are quite old,
Which might suggest that you did break traction...
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Batou
and do squeak if I go over the bumps on the road,
Pretty creative, but it might also mean that they "squeaked" because you broke traction...
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Batou
or touch the paint on the side of the road.
That one made me LOL...
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Batou
I believe this is what the officer heard (I had the radio on, so I didn't hear anything).
One might also believe that he did hear a squeak, or a screech which led him to believe that you did break traction. So he looks over, sees your car, which is lowered, sees a roll bar, and also sees that you are driving (by your own admission) faster than traffic around you...
How many red flags do you expect to hold up before he decides to pull you over!
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Batou
My vehicle is also lowered, has an aftermarket steering wheel, bucket seat, and roll bar; which leads me to believe that he pulled me over because of this.
Add that to the fact that you are 21, and assuming that the officer testifies to seeing those modifications, or in the slight chance that you might bring them up like you did here claiming that he "profiled" you, do you think this will work in your favor (especially the roll bar) or do you think it will help the officer's case in proving that you may have been speeding or do you think the Judge will hear that and assume that the officer picked on you unfairly?
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Batou
He stated that I would be getting a ticket for "exhibition of speed, and might get arrested and/or have my license revoked, but from everything I've read so far, this violation code doesn't seem to indicate anything like that.
What have you read so far?
By the way, he forgot to tell you that you car will be impounded.... And had he done any of that, and assuming he testifies to the events as you described them here, do you think the judge will believe you or the officer?
Back to 22405(b). Was there a sign posting a speed limit on that on ramp? If so what was the limit?
Also, you might benefit in trying to obtain a copy of the Traffic and Engineering Survey for that on-ramp. You can contact CalTrans to see if you can get one through there but you should also be receiving one as part of an Informal Discovery Request that you might file and serve. Google "Informal Discovery Request" to find out more. That request should also provide you with the officer's copy of the citation and on it, you might find notes that he made detailing what he saw and why he made such determinations as he did.
Re: Cited for 22405(A) with Comments of "Breaking Traction"
Thanks for the reply!
I was just stating the thoughts that were going through my head at the time... I appreciate the criticisms/feedback.
He put down specifically that he cited me for "22405(a) v.c - Unsafe speed for elevated structure on curvature roadway, breaking traction"
Does that mean that the (b) segment does not apply?
Also, if I decide to go the route of trial by written declaration and dispute the ticket, and am convicted, can I still go to traffic school? (Assuming that I could before)
I will definitely take your suggestions, and find the informal discovery request.
I'm glad you got a laugh out of it; I knew the traction/profiling thoughts were weak at best... I just needed to hear it, haha.
I was also wondering something -
The officer told me to show up at the hearing, and told me specifically that he would be there, along with another officer that showed up later. Can/should I file for an extension? Will that better my chances of the officer not being there?
Thanks!
Re: Cited for 22405(A) with Comments of "Breaking Traction"
Your first hearing is an arraignment date, the officer(s) will not be there. When you go to the arraignment and plead "not guilty" and ask for a trial, the COURT will set a trial date and that will be when the officer(s) will be subpoenaed. You can continue it if you want, but if these are held on the 2nd and 4th Tuesday of each month, that won't change if you delay it. If you delay it, no subpoena will be issued so it really doesn't increase or decrease the chance of the officer not showing unless you get really lucky and happen to guess when he will be on vacation. And then, HE can ask for a continuance.
- Carl
Re: Cited for 22405(A) with Comments of "Breaking Traction"
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Batou
I appreciate the criticisms/feedback.
... and I appreciate your open-mindedness and your not taking offense to my comments.
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Batou
He put down specifically that he cited me for "22405(a) v.c - Unsafe speed for elevated structure on curvature roadway, breaking traction"
Does that mean that the (b) segment does not apply?
22405(b) applies regardless of what he put down. Conversely, 22405(b) suggests that he should put down an estimated speed as opposed to a range (i.e. 55 to 65mph).
Meaning if that on ramp has a specific speed limit that a driver is charged with violating, then the driver's speed (as opposed to a speed range) is an important element of that charge.
Charging you with a specific speed (rather than a range) is also critical in determining the fine that will be imposed upon you if you are found guilty.
For example, let us assume that the speed limit on that on ramp is 45mph; by him stating that your speed was 55mph to 65mph (a difference of 10mph to 20mph higher than the limit), are you going to be held to paying a fine based upon your exceeding the speed limit by 1 to 15mph OR are you going to be held to paying a fine based upon your exceeding the speed limit by 16mph to 25mph?
Re: Cited for 22405(A) with Comments of "Breaking Traction"
Interesting, thanks for the replies!
So, the first date set is just the arraignment to allow me to either:
A) Plead guilty
B) Request Traffic School
C) Plead not guilty
Right?
If I do decide to pursue the case, and decide to go with a trial by written declaration, is that also the time to do it? (or do I just ask the clerk?)
I've also read a few "fight your ticket" sites, and they all state that if I want to keep the option of traffic school open, I must ask the court for that option before I plead not guilty (well, trial by written declaration is pleading not guilty in effect I presume). So does that mean I need to go to the arraignment, and ask the Judge for the option of Traffic School before anything?
Also, I believe I read the ticket wrong -
It states in the "Speed approx" 55 mph.
In the P.F./Max Speed box, it states 65 mph.
Radar box is untouched.
Does this mean he visually clocked me at 55 mph, while the maximum safe speed is 65 mph?
Thanks!