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  1. #1
    Join Date
    Jul 2010
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    15

    Default Just Want Some Opinions on Fighting a 22349(A) in California

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

    First, I'm well aware that 22349's are difficult to fight, and I know why. So I'm just asking for your opinions on whether I should even try, (given my circumstances explained below) or whether I should just bend over and plead guilty if the officer shows up.

    August 2009: I moved back to the Bay Area after being away for 5 years, and immediately got a speeding ticket (for 80mph on highway) in less than a month. Down in Orange County, I regularly drove at 80mph just to keep up with the flow of traffic, never got a ticket. (Seems like OC CHP only wrote tickets for 85mph+) So I just did traffic school and learned my lesson: 80mph is NOT okay in the bay area.

    8 months later, April 2010: I got on SR-24 highway near oakland. Looked over my shoulder to merge into lane 1. Looked over my shoulder to merge into lane 2. Looked over my shoulder to merge into lane 3. Looked over my shoulder to merge into lane 4.....aaaand that's when the officer supposedly shot me with his Lidar gun. I was on the highway for less than 25 seconds. I measured the distance from the highway entrance to the point where I ran into the officer's Lidar beam: 0.4 miles.

    So now you kind of know I feel about this... I was really trying not to speed after that first ticket, but now I get a second ticket for the same exact thing, this time for only driving 0.4 miles and 25 seconds, just trying to change lanes in a safe manner. My insurance rates are going to go way up just for that?

    The only thing aside from that is that there is a huge overpass after where the officer was parked. Click here to see it. Obviously, you can't see anything past that overpass, and I went under and past that overpass while the officer was still getting into his car. I saw him emerge from under the overpass in the distance in my rearview mirror, then he caught up with me and finally flipped on his lights.

    Is any of this worth mentioning to the judge? I know none of this proves my innocence. Even if the officer lost sight of my vehicle, he had a probable cause to pull me over because my car was similar to what he saw. I can't mention engineering surveys because this is a 22349. I got a copy of the officer's statement for my TBWD (which I obviously lost), and he said the Lidar gun was recently calibrated and that he had his POST training. This is the CHP, so I'm pretty sure he was telling the truth about all that.

    So yeah, if the officer shows up to court, I just don't know if I should plead Not Guilty and argue my case, or if I would be better off ending it quickly by pleading Guilty...

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

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Unfortunately, VC22349a/b was written for the benefit of revenue extraction rather than safety, and it's nigh impossible to win in court most of the time if the cop shows up.

  3. #3
    Join Date
    Jul 2010
    Posts
    15

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Update: Just got back from court, and yes, guilty! Made my arguments, but it didn't matter. Of course, I already knew the verdict the moment I saw the officer waiting outside the courtroom before trial.

    A note for future victims that may read this thread:

    22349(a) + LIDAR + officer showing up = Automatic guilty, unless you can prove the lidar was not calibrated or the officer didnt have the proper certifications. Of course, 99% of the time the lidar is calibrated and the officer has the certifications. Other than that, your only hope is to ask for unusual dismissals, for example "my discovery request wasn't returned within 15 days" which may or may not work, and might even annoy the judge who thinks you're being a smartass.

    Now I get my insurance rates increased because I drove 0.4 miles on the highway. Oakland should thank me for contributing $332 to their revenue!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,391

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Quote Quoting winampman
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    Now I get my insurance rates increased because I drove 0.4 miles on the highway. Oakland should thank me for contributing $332 to their revenue!
    As a note, Oakland saw none of the funds as you were cited by the CHP. The court and assorted state funds saw most of it - not even the CHP had any of it earmarked towards them.

    And had it been Oakland PD they would have seen a cool $2.45 from that cite ... of course, after paying for the officer's time (about ten minutes) the net loss would have been about $5.50. Not much of a profit motive.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Jul 2010
    Posts
    15

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Yeah I know they don't get any of the money directly, but when there's more money in the state funds, the state can spend less of it's own money on law enforcement/traffic related things, which means they indirectly have more money to spend on other things.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,391

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Quote Quoting winampman
    View Post
    Yeah I know they don't get any of the money directly, but when there's more money in the state funds, the state can spend less of it's own money on law enforcement/traffic related things, which means they indirectly have more money to spend on other things.
    Not on law enforcement. While most law enforcement funding comes from local funds and reimbursements to the cities from the states (from sales taxes and vehicle registration) much of it is local, and the moving citations do not contribute to that pot, for the most part. Come June 30th state supplemental and booking reimbursements for law enforcement drop so precipitously that thousands of officers state wide could be out of a job and small communities may lose some or most of their law enforcement coverage as a result.

    The funds from those citations do not go to law enforcement funding. Some grants, perhaps, but as a revenue enhancement measure, issuing moving citations is a dumb move for a city. Issuing parking citations, on the other hand, is a huge money maker. A parking cite that costs you $27 would earn a city 4 times as much as a moving citation that cost you $211. Go figure. Now, when you want to raise funds, THAT is where a city can look.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Jul 2010
    Posts
    15

    Default Re: Just Want Some Opinions on Fighting a 22349(A) in California

    Quote Quoting cdwjava
    View Post
    Come June 30th state supplemental and booking reimbursements for law enforcement drop so precipitously that thousands of officers state wide could be out of a job and small communities may lose some or most of their law enforcement coverage as a result.
    Yikes!

    Quote Quoting cdwjava
    View Post
    A parking cite that costs you $27 would earn a city 4 times as much as a moving citation that cost you $211. Go figure. Now, when you want to raise funds, THAT is where a city can look.
    Ah, well that's no surprise I guess. In Berkeley all street parking needs to be paid for, either by permit or meter. And if you park and don't pay, one of the dozens of parking enforcement officers on patrol at any time in their little carts will surely find you and award you with a fine. So the city wins either way!

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