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  1. #1

    Default Cited Under VC 22349(a)

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

    Hey everyone...I appreciate your advice in advance.
    Facts...

    Traveling south 15 in San Diego on HOV lane following vehicle riding motorcycle.
    HOV surface street about 6ft below normal traffic lanes.
    Construction work between HOV and normal traffic lanes.

    San Diego motorcycle cop(pretty nice guy) pulls me over immediately at the end of the HOV exit lanes past 15/163 freeways.

    Writes me for 90+ in a 65...Honestly was following another vehicle. Also, another vehicle in front of the one I was following.
    States he paced me for 1 mile from the normal traffic lanes south bound.

    What will my damages be? Points? Traffic school? Do I have grounds to defend myself?

    Thanks everyone in advance for your help!

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: 22349(a)

    Quote Quoting flippinwacko
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    Honestly was following another vehicle. Also, another vehicle in front of the one I was following.
    States he paced me for 1 mile from the normal traffic lanes south bound.
    Not much in the way of a defense... You were charged with exceeding the maximum speed limit regardless of the speed of other traffic.
    Quote Quoting flippinwacko
    View Post
    What will my damages be? Points? Traffic school? Do I have grounds to defend myself?
    Fine amount will be approximately $330 or so, 1 violation point on your record unless you opt to take the traffic school option. If you do that, you can expect to pay an additional $49 to $69 for the court administrative fee but that will result in the citation being dismissed.

    Good thing is he cited you for 90+ in 65 rather than writing a speed estimate of higher then 90 (like 91 or 92 or higher), as that would have resulted in a higher fine (approximately $445) plus you would not be automatically eligible for traffic school (you would have had to request it from the judge).

  3. #3

    Default Re: Cited Under VC 22349(a)

    Thanks Guy...

    So, in other words may as well fold on this and try for traffic school?

    What kind of defense would I need to challenge? Just an example...?

    CalTrans has been working on building the HOV...for some time now...
    There are various mountains of dirt, freeway infa-structure, construction vehicles between the normal lanes and new HOV lanes...

    At the point he started pacing me, I know for a fact I wasn't doing 90+...as well as the HOV lane elevation was approximately 6 feet below the normal freeway elevation...

  4. #4
    Join Date
    Sep 2010
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    15

    Default Re: Cited Under VC 22349(a)

    Quote Quoting flippinwacko
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    San Diego motorcycle cop(pretty nice guy) pulls me over immediately at the end of the HOV exit lanes past 15/163 freeways.
    Let me ask you a question... Did this Motorcycle cop give you a ticket even though you believe your not guilty?
    Then he is not a pretty nice guy. IMO, anyone sticking thier hands in my pockets are not nice guys. Does not matter what kind of smile they have on their face...

  5. #5

    Default Re: Cited Under VC 22349(a)

    WhatADream...yeah, I do have to agree with you...maybe the word I should have used was pleasant...

    I guess what bothers me, is that it always seems like its the motor cops that are after the motor cycles. I wonder what beef they have against them? In my experience, there have always been other vehicles traveling either at the same speed...

    There is just no way that a person can drive or ride safely on any freeway at 65mph anymore...

  6. #6
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Cited Under VC 22349(a)

    Quote Quoting flippinwacko
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    So, in other words may as well fold on this and try for traffic school?
    You're free to try and contest it... But again the only probability that I see for a dismissal here is NOT based on a plausible defense but only if the officer fails to appear at the trial (or fails to submit his declaration if you choose to go the TBD route). 22349 citations (maximum speed citations in general) are extremely difficult to beat.

    Quote Quoting flippinwacko
    View Post
    CalTrans has been working on building the HOV...for some time now...
    There are various mountains of dirt, freeway infa-structure, construction vehicles between the normal lanes and new HOV lanes...
    Not sure how that would change the requirement that the posted maximum speed limit is in force... Additionally, had that zone been properly posted as a construction zone, and had workers been present on that HOV lane, the officer could have cited you in a way that would have increased the fine amount by virtue of the construction zone. So I would skip mentioning that in court if I were you.

    Quote Quoting flippinwacko
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    At the point he started pacing me, I know for a fact I wasn't doing 90+...
    How do you know when he started pacing you? Or when he started following you? Are you're saying that you were aware of his presence and yet you continued to accelerate above the maximum 65mph limit?

    I don't know what he saw nor can I predict exactly what he will testify to, but if he paced you for 1 mile, and he determined that you reached a speed of 90+ during that one mile distance, then the citation is proper.

    Quote Quoting flippinwacko
    View Post
    ...as well as the HOV lane elevation was approximately 6 feet below the normal freeway elevation...
    Doesn't make it any more difficult to conduct a pace... He only needs to keep a visual on you, maintain the same speed as yours, check his speedometer and make a note of your speed. It only takes a few seconds to do that and yet he followed you for approximately 1 mile. At 65mph, it takes 55 seconds to travel a distance of 1 mile... At 90mph, it takes 40 seconds to travel a distance of 1 mile...

    Quote Quoting WhatADream
    View Post
    Let me ask you a question... Did this Motorcycle cop give you a ticket even though you believe your not guilty?
    Are you suggesting that the officer needs to conduct a trial at the side of the road or so you think his duty/responsibility should be limited to writing the ticket and letting the judge decide guilt or innocence?

    Quote Quoting WhatADream
    View Post
    IMO, anyone sticking thier hands in my pockets are not nice guys. Does not matter what kind of smile they have on their face...
    And IMO, drive within the limits of the law and no one... NO ONE will be sticking their hands in your pocket!

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