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  1. #1
    Join Date
    May 2012
    Posts
    4

    Default What Options Do I Have when Cited for CVC 22349(A)

    My question involves a traffic ticket from the state of: California.

    I got cited for VC 22349(A) almost 2 weeks ago. I was drive on I-5 N. It was downhill, and I was not paying attention to my speedometer. There was barely any traffic on the road. The police officer asked me if I knew how fast I was going, and I just said I didn't know and thought I was at the same pace as the traffic. He told me that I was going at 95 MPH.

    The Kerns County Court website stated that I was denied traffic school.

    How should I approach this citation? This is my first traffic ticket. Should I fight this, or try to appeal to the courts to get traffic school?

    Since the court is located in Lamont, I don't really want to drive all the way out there to appeal and to receive no results.

    Notice to appear:


    Courtesy notice:

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    The options you have are described on the courtesy notice...

    Not trying to be an ass and not trying to be sarcastic.

    You're only likely possibility of a dismissal is if the officer fails to submit a declaration in a TBD or fails to appear at trial.

    End of thread!


    ETA: $459 is Cheap - They must be having a sale up in Kern County...

    L A county wants $480 on 26mph+

  3. #3
    Join Date
    May 2012
    Posts
    4

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    Ah, I see. What route would you suggest? I wouldn't mind paying the fine if I get the option for traffic school. Apparently going 90+ MPH means I don't qualify for traffic school.

  4. #4

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    One thing also to consider, while it might be small (but definitely greater than a traffic school eligible speed), is that the judge can suspend your license for up to 30 days.
    Of course the judge can also authorize you to take traffic school, unlike the clerk in this case.


    13200. Whenever any person licensed under this code is convicted of
    a violation of any provision of this code relating to the speed of
    vehicles or a violation of Section 23103 the court may, unless this
    code makes mandatory a revocation by the department, suspend the
    privilege of the person to operate a motor vehicle for a period of
    not to exceed 30 days upon a first conviction, for a period of not to
    exceed 60 days upon a second conviction, and for a period of not to
    exceed six months upon a third or any subsequent conviction.

    http://www.leginfo.ca.gov/cgi-bin/di...le=13200-13210

  5. #5
    Join Date
    May 2012
    Posts
    4

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    Hmm, that's an interesting tidbit. Do I need to actually need to show up to court to appeal to the judge, or can I do it by mail like with the TBD?

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

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    Quote Quoting aesir
    View Post
    Ah, I see. What route would you suggest? I wouldn't mind paying the fine if I get the option for traffic school. Apparently going 90+ MPH means I don't qualify for traffic school.
    Point is, you'll likely have to pay the fine whether you are granted traffic school or not!

    I used to be where this was a mandatory court appearance, all so that the judge can look at the circumstances, priors... etc and decide if a suspension is called for. I haven't been seeing that lately.

    Quote Quoting aesir
    View Post
    Hmm, that's an interesting tidbit. Do I need to actually need to show up to court to appeal to the judge, or can I do it by mail like with the TBD?
    I don't know if a letter would get to a judge or that he would respond or react to one... I don't think submitting a TBD with a simple traffic school request is likely to work simply because electing to do a TBD, in and of itself, goes along with the possible forfeiture of the traffic school option, *IF* you were eligible to begin with. And lastly, just because you appear in person is not likely to impress the judge enough to allow that option!

    If it were me, I'd pay it and put it behind me!

  7. #7
    Join Date
    May 2012
    Posts
    4

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    Thanks for all the information That Guy and California student. I will just pay the bail then. I just wanted to see if there was anyway for me to appeal for traffic school since I didn't want my insurance premiums to raise. It isn't really worth my time to drive 4 hours all the way to Lamont with a slim chance of getting an appeal.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: What Options Do I Have when Cited for CVC 22349(A)

    I would check the radar unit's calibration paperwork .... a slim chance its out of calibration

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