CVC 22349(A) at 100 MPH

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

Hi everyone. i am new to this forum and i truly appreciate all your advice.
i was cited for going 100 mph on a 65 mph freeway yesterday, the officer was nice and to give me a 22349 (A) after i gave him my reason for speeding. an extensive research reveals that he would have issued me a 22349 (B) which would be much worse.

I didn't know how fast i was going, but i was speeding and am not going to plea for innocent. here are few things i have question with:
1. how much will the ticket be?
2. what are the chances for me to reduce the fine if i go to the court?
3. what are the chances for me to request an traffic school (i am going 35+) my last traffic school was 2 years ago and no violation every since.
4. if this judge doesn't give me the traffic school choice, is there anything else i can do to request another trial just for going to traffic school?


i sincerely thank you for your time and advice.

Sean

First off, driving IN EXCESS of 100mph is VC22348B. :)

To answer your questions:

1. $400-500
2 & 3. Depends on the judge but your speed won't help your case any. Very few judges will grant traffic school in cases where the speed is 25mph+ above the limit. In any case, I'm pretty sure your citation will require a mandatory appearance, and you won't have anything to lose by dressing nicely when you come to court and, before you enter your plea, politely asking if the fine can be reduced or if you can go to traffic school due to otherwise clean record.

4. If the judge refuses to budge at arraignment, you are out of luck, but you are welcome to enter a plea of Not Guilty and request trial by declaration in an attempt to fight the ticket. If you lose the TBD and elect to retry the case in a trial de novo, you will have the option to ask for traffic school if you are found guilty. While the odds of the judge granting traffic school at this stage are pretty bleak, you don't have much to lose except time by trying.

thanks for your reply.
when i asked the officer that do i have to appear in court, he answered that i don't have to unless i want to fight the ticket. so i assume that i won't receive an mandatory appearance.

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Quoting seanlee

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1. how much will the ticket be?

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$435... give or take a few dollars.

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Quoting seanlee

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thanks for your reply.
when i asked the officer that do i have to appear in court, he answered that i don't have to unless i want to fight the ticket. so i assume that i won't receive an mandatory appearance.

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Any speed violation with 25mph+ over the limit will get you a "mandatory court appearance" (pretty standard court policy in most if not all of California's courts) and it takes away your option for traffic school (there's nothing in the vehicle code that prevents a judge from offering it, they just simply don't).

Just to interject and not to argue with That Guy, but my recent citation for 22349(b) 82mph in a 55 zone, did not say anywhere on the courtesy notice that it was a Mandatory Court Appearance.

thanks you all for your advice. i will keep my post updated once i receive the actual amount of the fine.
i will go to the court and ask for traffic school. currently the court date on the ticket showns December 02, 2009. is that an actual court day when you can talk to a judge? or is just a day for you to set up another day for whatever you want to request?

thanks

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Quoting goodtimes

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Just to interject and not to argue with That Guy, but my recent citation for 22349(b) 82mph in a 55 zone, did not say anywhere on the courtesy notice that it was a Mandatory Court Appearance.

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You wouldn't be arguing... I did say "most if not all"... That allows for a few exceptions. :D

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Quoting seanlee

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currently the court date on the ticket showns December 02, 2009. is that an actual court day when you can talk to a judge? or is just a day for you to set up another day for whatever you want to request?

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That is your arraignment date. You would have to enter a plea of "guilty" or "not guilty".

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Quoting That Guy

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You wouldn't be arguing... I did say "most if not all"... That allows for a few exceptions. :D


That is your arraignment date. You would have to enter a plea of "guilty" or "not guilty".

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thanks,
so if i want to ask judge for traffic school, do i have to plea guilty or not guilty?

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Quoting seanlee

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thanks,
so if i want to ask judge for traffic school, do i have to plea guilty or not guilty?

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To be able to take traffic school, you'd have to essentially plead "Guilty". So what you should do id when your name is called, ask the Judge if he/she'll allow you traffic school, if they say yes, plead "Guilty", if they say no...

being in a similar situation although not as high of a speed, my plan was this;

request an extension for arraignment date

show up at extended arraignment date and plead not guilty

show up at trial date and if I see the officer who cited me, when my name is called offer to immediately change my plea to guilty if given the opportunity to take traffic school and also request a lowering of fine due to my own dire financial situation and my previously spotless driving record for the past almost 20 years.

if traffic school is not offered, still will request that the fine be lowered for same reason.


does this seem like a realistic plan?