CVC 22349(A) at 79 MPH on I680
My question involves a speeding ticket from the State of: California
Hi, on 10/03/2009 I was driving on I680 in Pleasanton. I was trying to go home asap so I drove on the left lane. There are totally 4(?) lanes in my direction and the speed on the left lane was fast, I believe the cars in front of me also exceeded the speed limit (65 MPH), perhaps more than 75MPH. I was just following the traffic in front and did not watch my speed. Then a cop appeared at the back and pulled me over. I explained to him that I was just following the cars in front of me but he said I approached it closer and closer but I really doubted what he said. He gave me a citation and the speed on it was 79 MPH.
I just got my license no more than two months ago and this was my first ticket.
I intend to take the option 'trial by written declaration'.
My questions are
(1) how much is the chance for me to win if the officer shows up. I was following the traffic so if I slowed down, didn't I block the traffic?
(2) If I do not win, is it possible that the judge reduces the fine? $212 is too much for me, I am only a student now.
(3) If I do not win, is it possible that the judge still allows me to take traffic school. the court is in county of Alameda.
Thank you!!
Re: CVC 22349(A) at 79 MPH on I680
Quote:
Quoting
benben
(1) how much is the chance for me to win if the officer shows up. I was following the traffic so if I slowed down, didn't I block the traffic?
For one thing, if you do a trial by written declaration, the officer does not have to "show up". he simply files a declaration of his statement and will include any pertinent evidence there with.
How much of a chance? Well, you have to understand that you were cited for driving in excess of the posted speed limit NOT for driving at a speed that is similar (or different for that matter) from other vehicles on the road. So to answer your question, and assuming the officer does in fact respond, and does successfuly articulate that you violated CVC 22349(a), then your chances of succeeding (and based on the arguments you presented here) are slim to none.
Quote:
Quoting
benben
(2) If I do not win, is it possible that the judge reduces the fine? $212 is too much for me, I am only a student now.
That depends on the judge. Typically, your best chance at being able to request and receive a fine redusction, would be to do so by entering a guilty plea at your arraignment and reuqesting it then. But even if you do that, there are no guarantees that the judge will reduce the fine.
Quote:
Quoting
benben
(3) If I do not win, is it possible that the judge still allows me to take traffic school. the court is in county of Alameda.
Same as above. Your only guaranteed chance at having the option to take traffic school is to ask for it at your arraignement. Some judges simply do not allow the traffic school option after a TBWD or a trial.
Re: CVC 22349(A) at 79 MPH on I680
Thank you very much for your response.
Another quick question. I have two due dates in my hand, one is from the yellow ticket got from the cop, it indicates that my appearance date is Dec 04; the other one was mailed from the court (courtesy notice), it says I must clear the citation before Dec 21. I just called the clerk and extend it to Jan 19 2010. Does this mean I could submit my request before Jan 19 and neglect the first two due dates? Thank you!
Re: CVC 22349(A) at 79 MPH on I680
Quote:
Quoting
benben
Does this mean I could submit my request before Jan 19 and neglect the first two due dates? Thank you!
If you've received confirmation from the clrek that your appearance date has been extended to January 19, then yes, that is the date that you are required to enter a plea of "guilty" and pay the fine OR "not guilty" and request either a TBD or an in court trial.
Keep in mind that if you plead "not guilty" on that date and either request a TBD and a trial, then you maybe required to post bail in the amount shown on your courtesy notice.
Re: CVC 22349(A) at 79 MPH on I680
Quote:
Quoting
benben
Thank you very much for your response.
Another quick question. I have two due dates in my hand, one is from the yellow ticket got from the cop, it indicates that my appearance date is Dec 04; the other one was mailed from the court (courtesy notice), it says I must clear the citation before Dec 21. I just called the clerk and extend it to Jan 19 2010. Does this mean I could submit my request before Jan 19 and neglect the first two due dates? Thank you!
From the legal standpoint, the date on the yellow copy of the Notice to Appear (or the verbiage along lines of '60 days to contact the court' on the yellow ticket) trumps the court's Courtesy Notice. In legal terms, the courtesy notice is hearsay, since it was not duly served to the defendant.
In practical terms, you'll be fine if you go with the extension date granted over the phone or whatever, by the clerk of the court your case is assigned to.
Quote:
Quoting
benben
I intend to take the option 'trial by written declaration'.
My questions are
(1) how much is the chance for me to win if the officer shows up. I was following the traffic so if I slowed down, didn't I block the traffic?
(2) If I do not win, is it possible that the judge reduces the fine? $212 is too much for me, I am only a student now.
(3) If I do not win, is it possible that the judge still allows me to take traffic school. the court is in county of Alameda.
Thank you!!
As someone who lives in the nearby area (and as someone who had two tickets out of my 6 total of the last 2yrs assigned to Pleasanton's Gale-Schenone Hall of Justice), let me throw in my well-informed 2c....
1: Considering the nature of your charge, virtually ZERO
2: Virtually ZERO, as well. I sat though a few traffic calendars and different judges, and I never saw a fine reduction in that courthouse, except for cases involving arraignments for missing license/reg/insurance where the defendants fixed their paperwork after the citation.
3. When I was doing intel gathering at the Gale-Schenone courthouse for my upcoming trial (circa 09/2008), I saw many instances of judges offering traffic school after finding the defendants guilty, but your mileage may vary depending on the pro-tem that presides during the day your case is scheduled for.