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  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default California Speeding Ticket, VC 22349(B)

    First of all, I sincerely apologize for speeding, and risking other people's lives. Having this ticket has surely thaught me quite a lesson.

    I was cited for a VC 22349(B), written for 105+MPH on a 70MPH Speed Limit Zone (Lake Elsinore, Riverside County), along with no front license plate and no proof of insurance (but I do have insurance, its just I had the old card in the car). I am not too sure on how the cop got 105+ MPH as he had never really pointed that out. He also asked if I knew what speed I was going and I replied that I wasnt looking at the speedometer and was only looking on the road, and apologized right after. I was also being polite as much as possible, and told him the truth on why I was speeding. My stupid excuse? I just got the car up and running and was excited to test drive it on the road. He also indicated that he could of easily given me a wreckless driving violation in which Im very lucky to have been let go.

    Being the inconsiderate me, I have had 2 speeding tickets from the past. Both were below 15MPH (doing 70 on a 55, and 90 on a 75), occured on Jan and June of 2008. I both paid the minimum amount, and was able to do traffic school on my first offence. I guess my point is, knowing that I havent had any violations for nearly 3 years now, will that help my current case at all?

    Basically, Im not too sure on what to do in such violation, as I've never striked it this bad. For all I know, Im gonna have to pay for it big time. I was really considering of just pleading guilty, pay the fine, have my license suspended for 30 or so days and live with my much much more insurance policy.

    Anybody's input will be much appreciated.

    Once again, I sincerely apologize for everyone that drives on the road.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: California Speeding Ticket Vc 22349(B) Help

    I think the cop cut you a big, big break .. exceeding maximum speed limit ... and there is no way you are going to win this one +30 MPH over?

    I don't think you would win the speeding ticket in court. I guess you could try the TBWD ... it wouldn't hurt .. if you lose, then pay.

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

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Try searching the threads for 22348(b) since the topic is well covered. You will see several threads which should help you out.

  4. #4
    Join Date
    Mar 2011
    Posts
    4

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Well, so far, here's what I found:

    Quote Quoting That Guy
    View Post
    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.
    What is a TBD exactly? And if I ask for a Trial, and the Cop does not show up on the date, will the case be dismissed - or will it be rescheduled? Also, if the cop happens to be there on the trial, can I just plea guilty right away? As far as I know, I really dont have any defence on this, rather than I wasnt really sure what my speed was.

    I know this is all my fault but if I could pay as least as possible, it would be great, as I have very limited funds.

    Hope someone would chime in.

    Thanks.

  5. #5
    Join Date
    Jul 2010
    Posts
    15

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Quote Quoting j0hne
    View Post
    What is a TBD exactly?
    Trial by declaration, also known as trial by written declaration (TBWD). Search the threads for that to get more info.

    Quote Quoting j0hne
    View Post
    And if I ask for a Trial, and the Cop does not show up on the date, will the case be dismissed - or will it be rescheduled?
    It should be dismissed if the judge follows the law. If not, ask for dismissal.

    Quote Quoting j0hne
    View Post
    Also, if the cop happens to be there on the trial, can I just plea guilty right away?
    If your arraignment date and trial date are the same date (it usually is) then they will have your arraignment first, and that's when you can plead guilty if you see your cop in the courtroom.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Quote Quoting winampman
    View Post
    It should be dismissed if the judge follows the law.
    Its not so much about the judge "following the law", for example, if the officer contacted the court and requested a continuance, then it is up to the judge to either dismiss or reschedule.

    Quote Quoting winampman
    View Post
    If your arraignment date and trial date are the same date (it usually is).
    Actually, it usually is NOT! Usually, the arraignment is held first, the defendant enters a plea and THEN the trial is scheduled and the officer is notified of the date.

    IF and ONLY if the defendant waives time and requests that the he/she be arraigned on the same date, then both will be held on the same date!

    OP, describe the highway where the infraction occurred. (one lane, two lanes... divided/undivided)... etc.

    Also, what was the posted limit? was it 70mph or was it 55mph?

    And what information did the officer write in the following boxes on your citation:
    • P.F./max Speed
    • Vehicle Speed
    • Safe Speed

    ???

  7. #7
    Join Date
    Jul 2010
    Posts
    15

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Good points. However when I turned in my request for a trial de novo, the clerk simply assigned my arraignment/trial to be on the same day. I didn't request or waive anything... after I handed in the trial de novo form, the clerk came back after a few minutes and said "Is this date okay with you?" I said yes and that was it.

    Or maybe doing a trial de novo automatically makes the arraignment on the same day?

  8. #8
    Join Date
    Mar 2011
    Posts
    4

    Default Re: California Speeding Ticket Vc 22349(B) Help

    Quote Quoting That Guy
    View Post
    OP, describe the highway where the infraction occurred. (one lane, two lanes... divided/undivided)... etc.

    Also, what was the posted limit? was it 70mph or was it 55mph?

    And what information did the officer write in the following boxes on your citation:
    • P.F./max Speed
    • Vehicle Speed
    • Safe Speed

    ???
    It was on the I15 freeway, which is a divided freeway with at least 4-5 lanes. It was also around 6:30pm with medium traffic (although most people were at least doing 70-80MPH)

    The posted speed limit in that area is 70MPH.

    I'll reply more accurately on that list a little later when I get home, but I would guess that the vehicle speed is "105+" (that's the speed he suppose to have clocked me on), and that the max speed probably have said 70MPH?

    IIRC, on my last speeding ticket, it had mentioned somewhere that I was 'paced', and I couldn't find that word anywhere in this ticket, and neither the Radar/Lidar boxes were ticked, so Im not even sure on how he got "105+" at all.

    Honestly, I really did not know my speed, especially when I passed him. Matter of fact, I did not even see him anywhere on the freeway as if I have, I would of looked at my speed right away (as I always do when I quickly spot a cop). Also, his words were like "Did you know you we're going about 100 plus back there?" Like, he never mentioned a specific speed that I was going, so I believe that he never clocked me by a radar, or something accurately.

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