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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Unsafe Speed for Conditions, VC 22350

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

    Hello all. I've recently received a ticket for speeding (46 mph) on a 30 mph traffic zone where a school is. As a matter of fact, the speed limit lowers to 25 mph when there are kids present, but he marked on the ticket as 30 mph as safe speed. There are signs saying that the fine will be doubled on that street. Also, the officer used a radar gun to take my speed without showing it to me and the weather, road, and traffic conditions were clear, dry, and moderate respectively.

    I certainly don't want to fight the ticket because I know I did something that I should have done, but there are certain things that make me do the opposite.
    On the ticket, he marked my birth date (wrong month) and license plate wrong (two digits instead of being "O"s are zeros.

    My questions are:
    1) Will my points be doubled as well for my infraction? the point for 22350 is one so will it be two? I know the fine will be doubled

    2) Can I contest the violation because the officer wrote incorrectly my birth date and license plate? For all I know I could say that the officer wasn't really paying attention to traffic that day and decided to pull me over because my car is a fast car and that could have been somebody else speeding up at that time

    By the way, this is the first ticket I receive

    If you have any questions regarding my issue let me know

    Thank you,
    tremoulinas

  2. #2
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Unsafe Speed for Conditions, VC 22350

    1: No, your points won't be doubled. As for the fine, it may or may not be doubled.

    2: Can you contest the charge? Yes. Do the factors you mention constitute a defense? Not even close. Certainly not minor mistakes like the ones you've mentioned.

    Quick question: What time was it when you got the ticket? In your case, you have an okay chance of winning the case or, if you lose, getting sentenced to attend traffic school to mitigate the damage. Even if the judge denies traffic school (unlikely with your driving record as long as you act nice and polite during trial de novo), you insurance rates won't suffer much.

    If you wish to contest the ticket, request trial by declaration, file the simple "i am not guilty" declaration, and wait for the response. If the cop doesn't file a reply, you win by default. If not, grab a copy of the officer's declaration and post it so we take a look at it.

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Unsafe Speed for Conditions, VC 22350

    Quote Quoting HonkingAntelope
    View Post

    Quick question: What time was it when you got the ticket? In your case, you have an okay chance of winning the case or, if you lose, getting sentenced to attend traffic school to mitigate the damage. Even if the judge denies traffic school (unlikely with your driving record as long as you act nice and polite during trial de novo), you insurance rates won't suffer much.

    If you wish to contest the ticket, request trial by declaration, file the simple "i am not guilty" declaration, and wait for the response. If the cop doesn't file a reply, you win by default. If not, grab a copy of the officer's declaration and post it so we take a look at it.
    The ticket says I was pulled over at 11:40 am.
    I don't know whether I will or not contest the ticket but thank you anyway.
    Anymore help will be appreciated for ways to contest this ticket

  4. #4
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Unsafe Speed for Conditions, VC 22350

    Quote Quoting tremoulinas
    View Post
    The ticket says I was pulled over at 11:40 am.
    I don't know whether I will or not contest the ticket but thank you anyway.
    Anymore help will be appreciated for ways to contest this ticket
    Was it lunch time at that school and were there any kids present?

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Unsafe Speed for Conditions, VC 22350

    Quote Quoting HonkingAntelope
    View Post
    Was it lunch time at that school and were there any kids present?
    HA, OP was cited for exceeding the 30mph PF limit and NOT the 25mph school zone statutory limit. So I'm not seeing how "lunch recess" and children present (to/from school) is of any relevance.

  6. #6
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Unsafe Speed for Conditions, VC 22350

    Quote Quoting That Guy
    View Post
    HA, OP was cited for exceeding the 30mph PF limit and NOT the 25mph school zone statutory limit. So I'm not seeing how "lunch recess" and children present (to/from school) is of any relevance.
    My bad - I didn't realize that school zone violations are charged under different statute. In any case, not having any kids around at the time of citation would go a long way to buttress the OP's case.

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