How Can I Fight CVC 22349(A)

Well, thanks to this forum, I got some idea about my ticket.
So I have the following questions.

1. Can I still request a translator since English is not my first language?
Because what I heard is that if the translator does not show up on the court date, you have a chance for your ticket to be waived.

I heard someone who has been charged for speeding 100mph used this method. I mean, he said to the judge "I was speeding 99mph, not 100mph. But even if I want to explain the situation, the translator I've requested did not come today. So due to language barrier, I cannot explain situation well. But please belive me. I ran 99mph, so give me the traffic school option." and the judge said that "okay, fine." and allowed him a traffic school option.

2. What is the difference between VC 22349(a) and VC 22350? Because some people say that VC 22350 is more proper citation for my situation.

I mean, I simply got a ticket for speeding 77mph in 60mph zone. So the cop wrote 77 as actual speed and 70 as approximate speed.

3. Actually, when I checked my ticket, the traffic was medium, the air was dry, and the whether was cloudy. So would this affect my fighting tactic?

4. So am I still eligible for traffic school? Because it would be unfair if I don't have a traffic school option since this is my first time to get a ticket and my speed was not 25mph over speed limit.

Yet, for my Trial by Declaration result, the court did not put any traffic school option which makes me to be scared.(But the cop told me that I had a traffic school option when he caught me)

5. So even if I lose for TBD, I am eligible for traffic school, right?

6. In my case, I can request my trial de novo until 05/24/09, but the ticket says I should appear in court on or before 08/20/09. So would there be trial de novo held before the due date?

7. For trial de novo form, what do I need to put for #3? Just VC 22349(a)? Or is there anything else to put in there?

8. Just one last thing, even if I request my trial de novo tomorrow, the court won't be held on next Tuesday, right? Because when I asked to court clerk when my trial de novo be, since I am going to visit other state on this week and coming on next Tuesday, she said that she cannot tell me about it. And when I asked what I need to put for #3. on trial de novo form, she said that she cannot help me. So I guess every court clerk is really mean...

Well, I did not mean to ask 7 questions, but I did.
Thank you for reading this.

P.S. What is prima facie speed limit? Also, in which case would it be effective to use car color for fighting in court?
I mean, he put the color of my car as silver, but it is actually bamboo pearl.

Short answer - you can only fight a charge like 22349(A) on technicalities because the facts are almost never on your side.

1. Yes, you can request a translator. Whether you'll get a break due to the interpreter not showing up depends on the judge. Frankly, it must have been a VERY cool judge to drop a 22348(B) down to 22349(A) and offer traffic school on top of that. YMMV, to say the least.

2. 22349(A) states that no vehicle can be driven on a road at speeds of above 65mph (unless the road is posted for 70mph as described in VC 22356). 22350 has no provisions for posted limits but states that you cannot drive at speeds too fast for conditions. There are two key differences between those statutes. 22350 is usually cited on city roads where violator the speeds do not exceed 65mph. 22349 is normally charged on freeways. The other BIG difference is that 22350 has a much higher burden of proof than 22349. That's probably why the officer wrote you up for it, rather than 22350. Technically both of these statutes are valid charges under the circumstances. The officer could have actually written you up for both of those statutes, giving you a 2 point ticket with a ~$500 fine.

3. As I said before, traffic/weather/visibility mean nothing under a 22349(A) charge.

4 & 5. You should be eligible for traffic school. Ask the clerk of the court if it's possible to get it after losing TBD without going through trial de novo. If you go to trial, it would be up to the judge whether to give you traffic school. In case things get to trial, dress up nicely and be polite when speaking to the judge.

6. The ticket only gives the initial deadline. The appearance date on the ticket means nothing now. In all likelyhood, your trial de novo will be scheduled around 30 days after the court receives your de novo request.

7. just VC 22349(A)

8. Yes, the court should schedule trial de novo a few weeks away to give you time to prepare a defense. In any case, next tuesday is May 20th, and you'll have plenty of time to file your request for trial de novo after you come back.

P.S: Without getting into too much legalese, a prima facie speed limit is a posted limit different from 55, 65, or 70 mph.

No, such a minor color discrepancy won't help you.

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Quoting toyirkfm

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Well, thanks to this forum, I got some idea about my ticket.
So I have the following questions.

1. Can I still request a translator since English is not my first language?
Because what I heard is that if the translator does not show up on the court date, you have a chance for your ticket to be waived.

I heard someone who has been charged for speeding 100mph used this method. I mean, he said to the judge "I was speeding 99mph, not 100mph. But even if I want to explain the situation, the translator I've requested did not come today. So due to language barrier, I cannot explain situation well. But please belive me. I ran 99mph, so give me the traffic school option." and the judge said that "okay, fine." and allowed him a traffic school option.

2. What is the difference between VC 22349(a) and VC 22350? Because some people say that VC 22350 is more proper citation for my situation.

I mean, I simply got a ticket for speeding 77mph in 60mph zone. So the cop wrote 77 as actual speed and 70 as approximate speed.

3. Actually, when I checked my ticket, the traffic was medium, the air was dry, and the whether was cloudy. So would this affect my fighting tactic?

4. So am I still eligible for traffic school? Because it would be unfair if I don't have a traffic school option since this is my first time to get a ticket and my speed was not 25mph over speed limit.

Yet, for my Trial by Declaration result, the court did not put any traffic school option which makes me to be scared.(But the cop told me that I had a traffic school option when he caught me)

5. So even if I lose for TBD, I am eligible for traffic school, right?

6. In my case, I can request my trial de novo until 05/24/09, but the ticket says I should appear in court on or before 08/20/09. So would there be trial de novo held before the due date?

7. For trial de novo form, what do I need to put for #3? Just VC 22349(a)? Or is there anything else to put in there?

8. Just one last thing, even if I request my trial de novo tomorrow, the court won't be held on next Tuesday, right? Because when I asked to court clerk when my trial de novo be, since I am going to visit other state on this week and coming on next Tuesday, she said that she cannot tell me about it. And when I asked what I need to put for #3. on trial de novo form, she said that she cannot help me. So I guess every court clerk is really mean...

Well, I did not mean to ask 7 questions, but I did.
Thank you for reading this.

P.S. What is prima facie speed limit? Also, in which case would it be effective to use car color for fighting in court?
I mean, he put the color of my car as silver, but it is actually bamboo pearl.

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1. Yes you have a right to a translator if you do not understand English well enough to understand the court.

4. Traffic school option means you pay the amount of the fine plus $49 plus the tuition for the school. When you complete the school within 90 days of signing up for the school, your case is over and no conviction will appear on your record. Fail to complete the school and get the certificate back to court on time and you loose and get the ticket on your record.

The trial de novo business is if you have a trial by written declaration, and loose then you get to have the first decision tossed out and get the option for a regular trial. Not necessary if you opt for traffic school.

I suggest a book called "Fight your ticket and win" published by Nolo Press.

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Quoting Jackalope

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1. Yes you have a right to a translator if you do not understand English well enough to understand the court.

4. Traffic school option means you pay the amount of the fine plus $49 plus the tuition for the school. When you complete the school within 90 days of signing up for the school, your case is over and no conviction will appear on your record. Fail to complete the school and get the certificate back to court on time and you loose and get the ticket on your record.

The trial de novo business is if you have a trial by written declaration, and loose then you get to have the first decision tossed out and get the option for a regular trial. Not necessary if you opt for traffic school.

I suggest a book called "Fight your ticket and win" published by Nolo Press.

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Jim is right... Let me also add that the story about the translator, the 100mph reduced to 99mph thereby affording the defendant the option of traffic school is not legally possible. The judge has to consider the charge of 22348 and cannot simply choose to change it to 22349. Only the prosecution can change the charge and since California traffic courts are run without the presence of a prosecutor the story must be made up...

Also, it sounds to me like you don't need a translator but go ahead and fake it if you feel it might put you at an advantage... even though it doesn't.

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Quoting That Guy

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Jim is right... Let me also add that the story about the translator, the 100mph reduced to 99mph thereby affording the defendant the option of traffic school is not legally possible. The judge has to consider the charge of 22348 and cannot simply choose to change it to 22349. Only the prosecution can change the charge and since California traffic courts are run without the presence of a prosecutor the story must be made up...

Also, it sounds to me like you don't need a translator but go ahead and fake it if you feel it might put you at an advantage... even though it doesn't.

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There's ample precedent that a judge can act in the capacity of a prosecutor in traffic matters. Yes, a judge can reduce a just-over-the-limit 22348 down to a 22349.

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Quoting HonkingAntelope

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There's ample precedent that a judge can act in the capacity of a prosecutor in traffic matters.

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Wrong!

From People v. Carlucci - 23 Cal, 3d. 249:
From the foregoing we conclude that the trial court at a traffic infraction hearing may call and question witnesses in the absence of a prosecutor. Such actions constitute neither a per se denial of due process nor transmute the judge into prosecutor.

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Quoting HonkingAntelope

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Yes, a judge can reduce a just-over-the-limit 22348 down to a 22349.

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Citation please!

That Guy is right. The judge is a member of the judiciary. Prosecution is an executive act. Deciding on what to charge the defendant with is an act of prosecution.