Speeding, VC 22348(B) and No Proof of Insurance Ticket

[guyinCali]

I received a speeding ticket on highway 101, in Sam Mateo, CA.

The officer pulled me over and asked me to take the next exit. He then asked me how fast I was going I saw not sure maybe 85. He said I was doing over 100mph.

He wrote me a ticket asked me to sign, here are the details:

- Infraction: 22348 (b) over 100mph
notes: paced @ 101, admitted 85.
- wet road conditions.

- correctable violations: no proof of insurance.


I called the court for the fine amount and how I can submit a request for trial by written declaration. The clerk said it is a mandatory appearance and I am not allowed to do a TBRD.

What are my options? Should I just show up to court? What is most likely to happen if I just go to court?

What are the overall consequences including total fines possible and insurance premium cost increase? I consulted with a lawyer and the cost is $1500 for them to go to court on my behalf. They claim they can at least reduce the ticket to under 100mph due to the 5 mph margin of error argument and a perfectly clean record.

I am especially concerned about insurance premiums, any estimate of what a 2 point on my record will incurr me in premium costs?

Any help is appreciated.

Thanks in advance.

This is my first violation. Clean record. no accidents or other tickets.

[That Guy]

wet road conditions.

That is not good!!!

What are my options?

Your options are limited in that you must appear in court or have an attorney appear on your behalf. If you choose to go it without an attorney, you can request a TBD at the arraignment.

What are the overall consequences including total fines possible and insurance premium cost increase?

I'm not going to speculate about the insurance premium increase... As for the penalties, they will be as follows:
* Fine of anywhere between $875 and $2075,
* 2 violation points on your license,
* And a possible license suspension of up to 30 days.

I consulted with a lawyer and the cost is $1500 for them to go to court on my behalf. They claim they can at least reduce the ticket to under 100mph due to the 5 mph margin of error argument and a perfectly clean record.

Well if they are confident that the "margin of error" argument will be successful then they should be able to move for a dismissal (rather than having it reduced). In other words, 22348(b) charges you with driving at a speed in excess of 100mph. If he's able to raise sufficient reasonable doubt that your speed was in excess of 100, then the charge should be dismissed. Although I can understand him not wanting to give you any assurance that it will be dismissed.

Also keep in mind that arguing "margin of error" of "PLUS or minus 5mph" would suggest that although your speed could have been as low as 96mph (101mph - 5mph = 96mph), there is an equal probability that your speed was as high as 106mph (101mph + 5mph = 106mph)...

Lastly, and as far as I know, the +/-5mph margin of error comes in to play with a visual estimate. In this case, and although the officer might still testify that he initially visually estimated your speed, ultimately, the cited speed measurement was based on a "pace".... and without seeing the speedometer calibration certificate, there is no telling what the margin of error will be!

But hey, who am I to criticize!

Good luck!

[guyinCali]

Thanks for your reply. So if I show up in court and plea guilty what are the possibility of a lesser fine/ less points? What if I plea not guilty then what?

[davidmcbeth3]

That is not good!!!


. In other words, 22348(b) charges you with driving at a speed in excess of 100mph. If he's able to raise sufficient reasonable doubt that your speed was in excess of 100, then the charge should be dismissed. Although I can understand him not wanting to give you any assurance that it will be dismissed.

Also keep in mind that arguing "margin of error" of "PLUS or minus 5mph" would suggest that although your speed could have been as low as 96mph (101mph - 5mph = 96mph), there is an equal probability that your speed was as high as 106mph (101mph + 5mph = 106mph)...

Lastly, and as far as I know, the +/-5mph margin of error comes in to play with a visual estimate. In this case, and although the officer might still testify that he initially visually estimated your speed, ultimately, the cited speed measurement was based on a "pace".... and without seeing the speedometer calibration certificate, there is no telling what the margin of error will be!

But hey, who am I to criticize!

Good luck!

I think that the OP, based on what thatguy said, may have a chance with actually win this case. Pacing error? Pacing method? Pacing training? etc...

CA does not have a written method for pacing to my knowledge, so how can the % error be known?? and if not known, how can it be admissible?

The OP should begin discovery today & I would also depose the cop given the fines involved. In CA its a criminal case ...

If the OP has no legal experience, an attny may be needed. But the OP can do some discovery & even a cop deposition.


One ? for OP: how old is your car?

[That Guy]

I haven't been able to find a bail schedule for San Mateo County online but in all honesty, I would not expect the fine to be reduced by much from lower amount I posted above. From what I have seen in So-Cal, judges aren't too fond of defendants with 22348(b) citations and aren't too lenient towards them. As for the violation points, if you plead guilty or are convicted (after a trial), the judge has no discretion to reduce or remove points. The matter gets reported to the DMV and it will automatically assess the 2 points associated with the violation.

If you plead not guilty, then you would normally be expected to post bail in the amount equal to the fine amount (which will be refunded to you if you are found "not guilty"), a trial date will be scheduled and you would have to later appear to contest the citation.

[guyinCali]

Well I am concerned that my insurance premiums will go through the roof. I've read online that my premiums can go up by as much as 2K per year so that is 6 K total (extra) that I would end up paying plus the actual fine. Not to mention that with 2 points any new ticket I get, I would risk my license getting suspended if I am not mistaken. so my hope is that the citation be reduced to something like going at a lesser speed. It was my understanding that they "cut you a deal" sometimes but I wasn't sure if it ever happens with a 22348 case?

So I plead not guilty and then show up for trial what are my options for defense, as I already admitted going at 85mph? What if I request a TBRD?

Thanks again for all your replies.

[HonkingAntelope]

Yeah, most judges tend to be harsh on defendants who go well over 100mph, but if the judge is lenient, you'd have a decent chance of getting the charge reduced to a VC22349(a) that would carry a sizable fine, but only a single point.

I would beware of any attorneys who make promises about being able to reduce a given charge after only a free phone consultation.

In your own case, you'd have a credible challenge against the pace with you being only 1mph above the limit (at ~100mph, even tire tread wear can easily skew the speedometer reading upwards by 3-5mph from the calibrated reading unless tire tread was measured during calibration and the officer compensated the pace estimate by checking the tread depth at the time of the stop). Whether the judge will even listen to any of it is a toss-up. In general, an attorney is more likely to be taken seriously than a pro-per defendant.

I would NOT plead guilty to VC22348(b), but I'd take the deal if a reduction to VC22349(a) or VC22349(b) was offered.

[guyinCali]

Just to clarify how the process works... If I plead not guilty then they may offer me a deal right then and there? or I can do the usual course of action which is TBD/ trial in person?

BTW, I found this schedule of fees...

http://www.courtinfo.ca.gov/referenc...010_jcbail.pdf

page 34 states:
[22350 I Unsafe Speed for Prevailing Conditions ≥ 26 MPH Over] carries 1 point as well. plus a fine of $380.

Reviewing the ticket I see that the officer noted "wet road conditions", Does that note correspond to that offense? the code of the offense was not noted on the ticket as a violation. In other words the ticket does not show the code 22350, only the statement "Wet road conditions".

It's fair to note here that it had not rained for the last 6 or 7 hours and the higway was clear of any water! Is that a valid defense?

[That Guy]

Just to clarify how the process works... If I plead not guilty then they may offer me a deal right then and there?

Nope, at the arraignment, its only you and the judge (maybe a court reporter) along with the other defendants who have cases pending that day. So there's no one to offer you "a deal"... In fact, and for most if not all California infraction case, you won't be offered a deal at any point throughout the entire process. You either plead guilty and take the fine or you plead not guilty and go to trial.

Here's how it works...
- You appear in court on the date of your arraignment,
- You either plead guilty at which point the judge will sentence you (fine/possible license suspension)...
- Or, you plead "not guilty" and request a TBD (and you'll be directed to the clerk's window to effect that request, post bail and receive the forms you need to complete)...
- Or, you plead "not guilty" and request a trial (at which point the judge will order you to post bail, schedule you for a trial date for you to appear where your case will be heard.

BTW, I found this schedule of fees...

http://www.courtinfo.ca.gov/referenc...010_jcbail.pdf

page 34 states:
[22350 I Unsafe Speed for Prevailing Conditions ≥ 26 MPH Over] carries 1 point as well. plus a fine of $380.

Reviewing the ticket I see that the officer noted "wet road conditions", Does that note correspond to that offense? the code of the offense was not noted on the ticket as a violation. In other words the ticket does not show the code 22350, only the statement "Wet road conditions".

It's fair to note here that it had not rained for the last 6 or 7 hours and the higway was clear of any water! Is that a valid defense?

You were not cited for 22350 and as such, the "Unsafe Speed for Prevailing Conditions - 26 MPH Over" has nothing to do with your case. You were cited for driving at a speed in excess of 100 mph (22348(b) is listed on the same page (3rd line from the top)). OH, and BTW, that is the OLD January 2010 bail schedule... You should look at the NEW, November 2010 schedule which is where I got the $875 I mentioned previously. (and don't forget to add in the two amounts ($40 + $35) noted in the footnote at the bottom of the page).

And lastly, the "wet road conditions" notation on the citation, and although it is not directly related to the offense you were charged with, does in fact add more icing on the cake (so to speak) that your alleged speed was even more dangerous due to the roads being wet! (and hence my comment "That is not good" in my first post).

[guyinCali]

Nope, at the arraignment, its only you and the judge (maybe a court reporter) along with the other defendants who have cases pending that day. So there's no one to offer you "a deal"... In fact, and for most if not all California infraction case, you won't be offered a deal at any point throughout the entire process. You either plead guilty and take the fine or you plead not guilty and go to trial.


OH, and BTW, that is the OLD January 2010 bail schedule... You should look at the NEW, November 2010 schedule which is where I got the $875 I mentioned previously. (and don't forget to add in the two amounts ($40 + $35) noted in the footnote at the bottom of the page).

Hmm... A friend of mine recently got a ticket for corssing a red light. He got a notice with a certain amount... when he went to court they offered him a reduction and he ended up paying a lower amount. Hence my question about "a deal". I will ask him how he pleaded and when he was offered that reduction.


hmm... great! even higher fines! at this rate... might be cheaper to sell my car, and start biking... it's healthier anyways