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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Unsafe Speed (Driving Over Speed Limit) Using LIDAR, VC 22350

    I got pulled over and issued me speeding ticket going 49 miles on 35 miles speed limit. This is happened in CA state.

    My question involves a traffic ticket from the state of:
    1. When I got this my kid inside the car, will it be any negative impact.
    2. Unfortunately cop wrote same address as my driving license address (old one), new address was not updated on driving license. Any problem? How can I correct this?
    3. If I want to pay fine, how much it would be?
    4. Is it eligible for attending traffic school?
    5. Do you recommend to attend the court?

    Really appreciate your suggestions and advices.

    Thanks
    Vinnu

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unsafe Speed (Driving Over Speed Limit) Using LIDAR, VC 22350

    1. Not on its face.
    2. Make sure your address is correct with the court, and update your license with the DMV.
    3. Ask the court.
    4. Eligibility is determined by court rule:
    Quote Quoting California Rules of Court. Rule 4.104. Procedures and eligibility criteria for attending traffic violator school
    (a) Purpose The purpose of this rule is to establish uniform statewide procedures and criteria for eligibility to attend traffic violator school.

    (b) Authority of a court clerk to grant a request to attend traffic violator school

    (1) Eligible offenses - Except as provided in (2), a court clerk is authorized to grant a request to attend traffic violator school when a defendant with a valid driver's license requests to attend an 8-hour traffic violator school under Vehicle Code sections 41501(a) and 42005 for any infraction under divisions 11 and 12 (rules of the road and equipment violations) of the Vehicle Code if the violation is reportable to the Department of Motor Vehicles.

    (2) Ineligible offenses - A court clerk is not authorized to grant a request to attend traffic violator school for a misdemeanor or any of the following infractions:

    (A) A violation that carries a negligent operator point count of more than one point under Vehicle Code section 12810 or one and one-half points or more under Vehicle Code section 12810.5(b)(2);
    (B) A violation that occurs within 18 months after the date of a previous violation and the defendant either attended or elected to attend a traffic violator school for the previous violation (Veh. Code, § 1808.7);
    (C)A violation of Vehicle Code section 22406.5 (tank vehicles);
    (D)A violation related to alcohol use or possession or drug use or possession;
    (E )A violation on which the defendant failed to appear under Vehicle Code section 40508(a) unless the failure-to-appear charge has been adjudicated and any fine imposed has been paid;
    (F) A violation on which the defendant has failed to appear under Penal Code section 1214.1 unless the civil monetary assessment has been paid;
    (G) A speeding violation in which the speed alleged is more than 25 miles over a speed limit as stated in Chapter 7 (commencing with section 22348) of Division 11 of the Vehicle Code;
    (H) A violation that occurs in a commercial vehicle as defined in Vehicle Code section 15210(b); and
    (I) A violation by a defendant having a class A, class B, or commercial class C driver's license.
    (c) Judicial discretion

    (1) A judicial officer may in his or her discretion order attendance at a traffic violator school in an individual case under Vehicle Code section 41501(a) or 42005 or for any other purpose permitted by law. A defendant having a class A, class B, or commercial class C driver's license or charged with a violation that occurs in a commercial vehicle, as defined in Vehicle Code section 15210(b), is not eligible to attend traffic violator school under Vehicle Code sections 41501 or 42005.

    (2) A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request.
    d. Are you asking if you should contest the ticket?

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