92 MPH on 70 - Can I Get Traffic School

My question involves a speeding ticket from the State of: CA

I was going 92 mph on a 70 on the I-5 in Kern County.
This is what it says on their website:

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Eligibility:
If you meet the following requirements, you may be eligible to attend Traffic School:
You must not have attended traffic school on a prior citation issued within 18 months of the issue date of your present citation.

You have a valid driver's license.

You must not have been cited for exceeding the maximum or reasonable speed by more than 25 miles per hour or as determined by the judicial officer.

The citation must not require a mandatory court appearance. (This information will be listed on the Courtesy Notice.)

The due date on your ticket must not be past.

As of September 20, 2005, if you have a commercial driver's license, you are not eligible for traffic school.

A person is not eligible for traffic school if they were cited for going 91 miles per hour or more.
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I have gotten a speeding ticket before but it has been more than 18 months since I did traffic school for that one. The thing that stinks is that I was going under 25 mph over the limit but ONE over the 91 mph that makes me eligible. What can I do to just get traffic school? My ticket is $317 but all I want is traffic school.

Should I do a TBD? If so, I really don't know what to say because I was going about 90. Should I plead guilty on the TBD and just ask for traffic school? I would also like to try to delay this as much as possible because I attend college in Northern California now and can't drive down to Kern (southern California) during the school year (school ends mid-May). I already extended the due date by one month and it is now due on April 1.

Another option would be to plead not guilty and say something about how the radar was off but I wouldn't know how to approach that. Otherwise, the day was rather clear and there was a fair amount of traffic.

My questions are: Should I plead guilty/not guilt on the TBD and what exactly should be said? If I am found guilty, is it even worth it to go to court or am I just going to be found guilty?

Thanks, any help appreciated.

Also, I called the clerk and she said that to give myself more time I should send in the bail amount in check form and request to get a TBD form instead of the actual TBD form filled out by me. She said that it would give me an additional 30 days from when I receive the form to fill it out.
My question is how exactly do I request a TBD form? Just send in a paper with my check that says I would like to request a Trial by Declaration form?
And is what she is saying really true?

Cited as 22356(B).

http://www.expertlaw.com/forums/showthread.php?p=325887

Looks like a $250 fine. Not sure how the point system works in WA but most insurance companies will raise your rates for 22 over.

A good NY traffic lawyer would probably cost $300-$400. If you drive a really fancy car, you may want to hire one and see if he can plea-bargain this down.

I have a red '97 Camaro which can attract attention but its not too fancy, and I live in CA.

Quote:

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Quoting dgordon

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My question involves a speeding ticket from the State of: CA

I was going 92 mph on a 70 on the I-5 in Kern County.
This is what it says on their website:

================================
Eligibility:
If you meet the following requirements, you may be eligible to attend Traffic School:
You must not have attended traffic school on a prior citation issued within 18 months of the issue date of your present citation.

You have a valid driver's license.

You must not have been cited for exceeding the maximum or reasonable speed by more than 25 miles per hour or as determined by the judicial officer.

The citation must not require a mandatory court appearance. (This information will be listed on the Courtesy Notice.)

The due date on your ticket must not be past.

As of September 20, 2005, if you have a commercial driver's license, you are not eligible for traffic school.

A person is not eligible for traffic school if they were cited for going 91 miles per hour or more.
==========================================

I have gotten a speeding ticket before but it has been more than 18 months since I did traffic school for that one. The thing that stinks is that I was going under 25 mph over the limit but ONE over the 91 mph that makes me eligible. What can I do to just get traffic school? My ticket is $317 but all I want is traffic school.

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If all you want is traffic school then schedule an in court arraignment and ask the judge for traffic school. Only he/she can answer that question for you.

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Quoting dgordon

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the day was rather clear and there was a fair amount of traffic.

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Weather and traffic condition are irrelevant when cited for 22356(b) or any violation charging you with driving in excess of the maximum speed limit on a highway.

Quote:

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Quoting dgordon

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Should I do a TBD? If so, I really don't know what to say because I was going about 90. Should I plead guilty on the TBD and just ask for traffic school? I would also like to try to delay this as much as possible because I attend college in Northern California now and can't drive down to Kern (southern California) during the school year (school ends mid-May). I already extended the due date by one month and it is now due on April 1.

Another option would be to plead not guilty and say something about how the radar was off but I wouldn't know how to approach that. Otherwise, the day was rather clear and there was a fair amount of traffic.

My questions are: Should I plead guilty/not guilt on the TBD and what exactly should be said? If I am found guilty, is it even worth it to go to court or am I just going to be found guilty?

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Nobody here can definitively tell you what the final outcome will be. What “I” will say is that a 22356(b) citation will be extremely difficult to beat. Whether it is worth the time/effort for you to fight it or not... That is YOUR decision.

Quote:

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Quoting dgordon

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Also, I called the clerk and she said that to give myself more time I should send in the bail amount in check form and request to get a TBD form instead of the actual TBD form filled out by me. She said that it would give me an additional 30 days from when I receive the form to fill it out.
My question is how exactly do I request a TBD form? Just send in a paper with my check that says I would like to request a Trial by Declaration form?
And is what she is saying really true?

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You can request a TBD form in a number of different ways: You can request it online, by phone or by mailing a request to the court (just like the clerk instructed you to do).

Keep in mind that most courts will require you to post bail in an amount equal to the fine amount in order for your request to be processed.

Thanks, Guy.

Since I live 300 miles from the court and I already used my extension (due April 1), I asked the clerk how I could just ask for traffic school and she told me I could send in a letter to the judge asking for it... is that the same as an arraignment?
Also, if the judge then does not allow traffic school, I'd like to do a TBD but there wouldn't be enough time for the response to come back and me to mail a TBD... should I just attach the TBD as well in case she denies me traffic school?... or if I send the letter, would that extend the date if I send in my bail amount with it?

Quote:

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Quoting dgordon

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Thanks, Guy.

Since I live 300 miles from the court and I already used my extension (due April 1), I asked the clerk how I could just ask for traffic school and she told me I could send in a letter to the judge asking for it... is that the same as an arraignment?
Also, if the judge then does not allow traffic school, I'd like to do a TBD but there wouldn't be enough time for the response to come back and me to mail a TBD... should I just attach the TBD as well in case she denies me traffic school?... or if I send the letter, would that extend the date if I send in my bail amount with it?

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I honestly highly doubt that the judge will make/take the time to read your letter. Then again, that particular Kern County court might be doing things differently than other California courts. (So after reiterating that, in my opinion, this matter (your chances at getting traffic school) will be best handled by making a personal appearance in court at your arraignment and asking the judge to allow you the traffic school option) I would say that second most favorable/logical option would be to post bail, request and later file a TBD and ask for traffic school as part of your TBD.

I would either attach a separate letter requesting traffic school OR simply add in something like: "If the court were to find me guilty, I respectfully request that I be allowed to attend traffic school".... -or words to that effect- to the "Statement of Facts" (page 2 of form TR-205).

Traffic school was rejected. Sent trial de novo, sent discovery request and didn't receive... it's been about a month. My court date is the 19th, what do I say in court (cite specific codes?) to dismiss the case because I haven't received the response to my discovery request yet. I sent it in after I was found guilty by Trial by Declaration, if that matters. Thanks.

A case cannot be dismissed for the prosecution's failure to disclose. You must file a motion to compel discovery of the items previously requested in your informal discovery request.

What is the complete date of your trial? If its the 19th of July, then its to late to file trial motions.