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  1. #1

    Default Mandatory Appearance in Orange County, California

    My question involves traffic court in the State of: California

    My wife received a ticket for 92 in a 65 and was listed as an infractioni believe CVC 22349a. exceeding maximum speed limit. I apologize, I don't have the citation in front of me.

    I've been searching these forums for a while and my specific question hasn't been answered. I've found that this is a 1 point violation and over the limit for traffic school eligibility. I was wondering the reason that the court appearance is mandatory? Does it mean she will have her license suspended? to my knowledge she doesn't have any points on her record. She did traffic school for her last one. I'm just curious about the severity of a mandatory appearance. Should I take the day off work and accompany her to the court? We live about 80 miles away. Any info on this matter would be greatly appreciated. Thank you in advance.

    P.S.: we don't plan on fighting it but regardless of the mandatory nature, she wanted to go and attempt to ask the judge for traffic school.

  2. #2
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    Default Re: Mandatory Appearance Orange County, CA

    I don't live in CA, but could be it's a mandatory appearance due to previous ones. It simply means a person can not "waive" thier right to trial and plead guilty and pay it, appearance in court is necessary to plead.

  3. #3
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    Default Re: Mandatory Appearance in Orange County, California

    This very issue is being debated on another site.

    In CA, you are always allowed to enter a plea via mail and you are allowed to do a Trial By Written Declaration for any infraction. 22349(a) is an infraction. So, you could avoid apperance if you wanted to. However, if you goal is to simply get traffic school, then the clerk can't do that for you since you are over 25mph above the limit (typical court rules). So, she can simply appear for arraignment and ask for traffic school. The court may not grant it (it doesn't HAVE to), but if it doesn't, then I would plead not guilty.

  4. #4
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    Default Re: Mandatory Appearance in Orange County, California

    Quote Quoting mr.bungle
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    we don't plan on fighting it but regardless of the mandatory nature, she wanted to go and attempt to ask the judge for traffic school.
    I can tell you that I have not heard of a Judge approving a traffic school request for someone who is charged with a 25+mph over the limit... In fact, most Judge will have that read to defendants in the court room as part of the instructions/disclosures given to the attendees...

    However, if she's traveling the 80 miles for the mandatory appearance, and since she's gonna have to stand before the Judge to enter a plea, it'll only take her about 5 seconds to ask

    Lastly, and although the Judge does have discretion to suspend her license, I doubt it will happen here. The vehicle code does recommend a suspension as part of the penalty for speed of 100mph+... Not too far from 92mph so tell her to be careful.

  5. #5

    Default Re: Mandatory Appearance in Orange County, California

    Thanks for the info guys. One last thing - should she expect to pay the fine that day at court? We don't know how much it will be yet. And what should we expect the cost to be? Thanks again.

  6. #6
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    Default Re: Mandatory Appearance in Orange County, California

    Quote Quoting That Guy
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    Lastly, and although the Judge does have discretion to suspend her license, I doubt it will happen here. The vehicle code does recommend a suspension as part of the penalty for speed of 100mph+... Not too far from 92mph so tell her to be careful.
    What law gives the judge discretion to suspend a license based only on a 22349 charge?

  7. #7
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    Default Re: Mandatory Appearance in Orange County, California

    Quote Quoting EWYLTJ
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    What law gives the judge discretion to suspend a license based only on a 22349 charge?
    I guess there isn't one.

  8. #8
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    Default Re: Mandatory Appearance in Orange County, California

    Quote Quoting mr.bungle
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    ... One last thing - should she expect to pay the fine that day at court? We don't know how much it will be yet. And what should we expect the cost to be? Thanks again.
    If she pleads "guilty" she can opt to pay the fine, ask for an extension or request the court to set her up on a payment plan.

    The Uiform Bail Schedule shows a 22349(a) with 27mph over the limit with a base fine of $100 which, after adding the penalty assessment, totals $380 (might vary slightly by county). If she is offered Traffic School (and my guess is that because she was allegedly speeding at more than 25mph over the limit, she won't) she would have to add $49 to the bail amount.

    Chances are, and since its probably been 20 days or more since the citation date, she's received the Courtesy notice from the court stating the exact amount of the total fine as well as her option on how it could be handled.

  9. #9
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    Default Re: Mandatory Appearance in Orange County, California

    Silence is golden.

  10. #10
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    Default Re: Mandatory Appearance in Orange County, California

    It really is. And since ALL of the OP's "important" questions have been answered, I suggest you let this thread rest now!

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