CVC 22349(A) by City Pd on 91 Fwy (Orange County)
My question involves a speeding ticket from the State of: California
on November 18th, 2009 i was stopped on the 91 Freeway in Orange County for speeding, and violating CVC 22349. Motor cycle Officer stated i was doing 85+ after pacing me, when I'm sure i was going at about 70-75mph which was the speed of the traffic. Conditions according to me were dry, medium traffic, and day time. is there anyway i can fight this through TBD?
Another side note, my court date on the ticket is set at 12/31/09 (unfortunately) however I will be out of town, through the 20th of January. Can this date by changed?
Please advise, Thanks in advance.
Gordhan
Re: CVC 22349(A) by City Pd on 91 Fwy (Orange County)
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Quoting
gbmahtani
on November 18th, 2009 i was stopped on the 91 Freeway in Orange County for speeding, and violating CVC 22349. Motor cycle Officer stated i was doing 85+ after pacing me, when I'm sure i was going at about 70-75mph which was the speed of the traffic. Conditions according to me were dry, medium traffic, and day time. is there anyway i can fight this through TBD?
Is it safe to assume that you were cited for section 22349(a), not just 22349?
If so, and even of you argue that you were only travelling at 70 to 75 mph then you were still in excess of the 65 mph statutory speed limit on a highway. Also, it is highly unlikey that the "driving at the speed of traffic" argument will get you anywhere.
At any rate, and although I would have suggested that you do an informal discovery request to obtain the speedometer calibration records for the officer's vehicle, however, and even if you were able to establish a 2 to 3 mph error rate in his reading, that will still leave you at 82+ to 83+ mph which again, is well in excess of the limit.
Do a search on here for 22349... You will find quite a few threads with a few more ideas... Feel free to come back with more questions. Based on what you posted, yours is a pretty tough case to argue against.
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Quoting
gbmahtani
Another side note, my court date on the ticket is set at 12/31/09 (unfortunately) however I will be out of town, through the 20th of January. Can this date by changed?
Yes, you can request an extension (typically for 60 days) either throught the court clerk, online by going to the court's website, or by calling the number on the citation.
Re: CVC 22349(A) by City Pd on 91 Fwy (Orange County)
I feel it might just be better to traffic school this case, and or request the judge to lower the fine. As I am a college student and have a hard enough time trying to pay for school and books.
Yes, your assumption of 22349(a) is correct.
Thanks for your reply.