Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 21
  1. #1
    Join Date
    Jan 2012
    Posts
    5

    Default Speeding Ticket with Class A Licence

    My question involves traffic court in the State of: Ca
    Hi, I got a 22349 (a) ticket going west on 80 coming home the mountains on a Sunday. Traffic was thick but moving well. I saw the CHP on an overpass and knew that they were clocking peoples speed. I was just going with the flow keeping 3 seconds of distance behind the car in front of me. And there were cars all going the same speed as far as you could see. I went under the overpass and saw there was three more CHP on the on ramp waiting. One then jumped on the freeway I pulled into the slow lane thinking he was going for some else. Nope. I pulled over And was told the CHP on the overpass clocked me at 83. ( I never drive that fast). Anyways I have a class A license and am not able to go to traffic court because of it. I went to my first hearing and plead not guilty. My trail is in the beginning of March and I'm trying to write for a discovery. How do I know who to write to? Call the court clerk and ask who the DA is? Same with the CHP? There is no address on the ticket indicating what branch the CHP was from how do I know what CHP office to write to?. I was going to ask for the lidar calibration and user certification in the discovery letter. Anything else I should ask for? Also do both CHP have show up and if they dont can I get the ticket thrown out? Any other tips or questions about the ticket? Thanks in advance

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: 22349 (A) in California with Class a Licence

    You screwed the pooch on this. You should have gone with TBD first and hired a lawyer, if that failed. You are now facing a serious violation. A second in 3 years can cause a 60 day CDL suspension.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 22349 (A) in California with Class a Licence

    Quote Quoting Bautino95
    View Post
    Anyways I have a class A license and am not able to go to traffic court because of it.
    You mean traffic school!



    Quote Quoting Bautino95
    View Post
    How do I know who to write to? Call the court clerk and ask who the DA is?
    Well, you know which court it is, which means you know which county it is, you write to the District Attorney for that county but you address your request to the DA's office which is likely to be at the same courthouse where your appearance is scheduled.

    As for the CHP office, there should be a "BEAT" number on your citation. That is typically indicative of the station number where the officers are stationed out of. You can then go to the CHP website - Office Locator, click on the city name where you wee cited, and match the BEAT number to the corresponding station number.

    Quote Quoting Bautino95
    View Post
    Also do both CHP have show up and if they dont can I get the ticket thrown out?
    Typically, yes. One office cannot testify that he did both clock you and cite you.

    You should probably try and see if you can change to a trial by declaration prior to going to an in court trial. That might give you a slight advantage to fight a citation that you are at a complete disadvantage. Contact the court and see if that is possible!

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: 22349 (A) in California with Class a Licence

    ask for a witness list and expert witness list and any documents that will be presented, identified, or anticipated to be introduced into evidence

    you can also ask for the LIDAR manual (don't know if you'll get it via discovery so do a FOIA request with the state police too--but you'll need to know the model they used for a FOIA request -- unless you want to ask for all LIDAR models currently in use which may actually not be that many, 1-3~~they buy them in batches).

  5. #5
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: 22349 (A) in California with Class a Licence

    Quote Quoting Bautino95
    View Post
    I have a class A license
    Presumably you obtained a class A license for some reason. Are you employed, or do you see yourself being employed in the next three years, in any job that REQUIRES a class A license?

    If so, talk to a couple of local traffic lawyers who will get you a "plea", where you pay the regular fine (sometimes more), BUT the violation is changed to a no-points one. Remember that Class A licensees get a 50% bonus on any points....

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: 22349 (A) in California with Class a Licence

    Quote Quoting Bautino95
    View Post
    My question involves traffic court in the State of: Ca
    How do I know who to write to?
    I normally call the DAs office up and ask who is/may handle the case and speak to him/her and ask if they'll accept it posted to him/her. If they don't know they may have a sub-department address. And then follow up in 1 week to insure they got it and continue to follow up weekly if an inadequate response is not received. Ideally, they should object to anything they don't wish to provide. In reality, they just ignore the request(s). But you should still follow up until they say "we have nothing responsive" or "we refuse to honor your request". Post back with your progress.

    And keep notes of all contacts with the DA's office : who, what, where, when ... your notes can be admissible evidence if presented correctly.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: 22349 (A) in California with Class a Licence

    Remember, as you have a CDL, the court is not permitted to offer another offense, in lieu of this one. Going to court and requesting that is not legally possible, due to your CDL. On the other hand, if you hire an attorney and mention your believe you may have violated 4454 and would readily plead guilty to an amended charge, you are home free, if the prosecutor amends the charge.

    http://www.dmv.ca.gov/pubs/vctop/d03/vc4454.htm

  8. #8
    Join Date
    Jan 2012
    Posts
    5

    Default Re: 22349 (A) in California with Class a Licence

    Yes, traffic school, my bad. Thanks for the reply. And yes I am employed and need my class A. But don't think I can afford a lawyer, any other ideas? So even thou I went to court already I can still ask for trail by declaration? Also is it too late to get the trail moved as I don't live or work in the county that I got the ticket. It's about a 2 hr drive to the court house in Placer county and I live Solano. Thanks again.

  9. #9
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: 22349 (A) in California with Class a Licence

    Quote Quoting Bautino95
    View Post
    But don't think I can afford a lawyer...
    Can you afford to be unemployed?

    Call multiple attorneys in/around Placer, talk to them, get an estimate and pick one. He/she will handle the appearances on your behalf. My wild guess, from what little I know, is that the attorney's fee should be approx. $250-300.

    Do it and pay the fine. 22349(a) is one of the hardest VC citations to beat.

  10. #10
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 22349 (A) in California with Class a Licence

    Quote Quoting Bautino95
    View Post
    Also is it too late to get the trail moved as I don't live or work in the county that I got the ticket. It's about a 2 hr drive to the court house in Placer county and I live Solano.
    Not only is it too late, but you couldn't even get such a request started. You cannot transfer traffic cases between counties -only within the same county and only to the county seat in Placer. So if you reside or work closer to the courthouse in "Auburn" (which I believe is the Placer County Seat), then that might be an option for you!


    Quote Quoting quirkyquark
    View Post
    the attorney's fee should be approx. $250-300 an hour
    Fixed that for you Quirky....

    I am kidding though, I have no idea what they would charge in Placer County, and the only way you can find out is to call around and ask. If you're part of a Union, you might have some referrals through there, I don't know!

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Driver's License Reinstatement: How to Get Driver's Licence Back With a Suspension from an Old Speeding Ticket
    By Chris_C_ in forum Driver's Licenses
    Replies: 6
    Last Post: 05-04-2011, 03:58 PM
  2. Replies: 1
    Last Post: 07-18-2010, 08:09 AM
  3. Speeding Tickets: Speeding Ticket In New York State - Canadian Licence
    By Strati1023 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-03-2008, 12:48 PM
  4. Speeding Tickets: Speeding Ticket in Washington, With a Foreign Licence
    By rajeev in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-29-2008, 02:22 PM
  5. Speeding Tickets: Speeding Ticket in NY State, Canadian Licence
    By aibosha in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-14-2007, 04:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources