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  1. #1
    Join Date
    Jun 2010
    Location
    California
    Posts
    2

    Default Speeding Ticket, CVC 22349(a)

    My question involves a speeding ticket from the State of: California.

    Hello everyone, I recently found this forum doing a google search. I have two tickets that I received, one I am contesting is set for court date (or arraignment) on December 2, the other I received today. They are both 22349 (a), and the first one I have delayed for a while. The first ticket states I was doing 80 in a 65, and I guess the officer paced me. The online info (both tickets are in LA county) states my last action was an arraignment, though I never entered a plea, so my court date might be the trial date, I am not sure, I will check with the court sometime soon. The second ticket, which I got today, states the same thing. I've been driving this particular freeway for not much longer than a month, and he pointed out that the limits were 55mph. I just never made a mental note of that. The officer verbally stated that we was writing down 80 in a 65 maximum on the ticket (which comes through on the yellow copy) and I guess I was the only car in the #1 lane so he chose me instead of the other 2 cars in the next lanes going the same speed. It looks like he used Radar/Lidar and clocked at a distance of 836 feet (I don't have a radar detector). I am aware of the TBD forms I am allowed in LA county and have done it with some success in the past. I am already in the process of fighting the first ticket but don't know if I can win, I don't know if I have a basis for fighting the second one but should I? I am eligible for traffic school for one of the violations at this point. Does it make a difference if the sign is posted as a "Speed Limit" or "Maximum Speed"?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Ticket, CVC 22349(a)

    There's no 'speed trap' defense to a 22349(a) violation of the maximum speed law. There's no "I don't pay attention to speed limits" defense, nor would one be convincing when you've already been cited for speeding on the same court. Help us out - what defenses are you expecting to present?

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Speeding Ticket, CVC 22349(a)

    If the officer wrote the exact distance then they used a Lidar gun.

  4. #4
    Join Date
    Jun 2010
    Location
    California
    Posts
    2

    Default Re: Speeding Ticket, CVC 22349(a)

    The tickets are in 2 different courts, if that helps. The first ticket is a non-issue, since I will most likely have to use traffic school, unless I can prove that my speedometer reading of 75mph while driving was more accurate than the officers pacing estimate of 80 (I doubt it, I believe I have the wrong size tires on the car so I'm still in the wrong). I don't have much of a defense for the second one, since I know lidar can pick a car out of a lineup, it must have been me, although it's one of those "why me, when everyone else was going the same?" things, so oh well. I'm more or less wondering if it's okay that the officer changed from the posted speed limit of 55mph to 65mph on the ticket. Is it at their discretion to use CVC 22349(a) on any highway regardless of the posted (albeit lower in this case) limit? That and if I should bother fighting the ticket at all.

    Sniper - thanks, I wasn't sure if radar could measure distance. I wonder if Ladar could measure distance too.

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