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  1. #1
    Join Date
    Oct 2012
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    256

    Default Going to Hearing After Two Years, Speeding 105 MPH

    My question involves traffic court in the State of: California

    Okay so my friend got a ticket in 2011 for going 105 I believe. He failed to appear on it, there has been a suspension on his license for the FTA since 2011 he recently went to arraignment pled not guilty and set a trial date the judge released his license in the meantime.

    My question is how likely is it that the CHP officer will show up and actually remember from independent recollection the incident which took place 2 years ago?

    Also, is it often that the officer will amend the citation to only a 1 point violation as supposed to a 22348 (b)?

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

    Default Re: 2 Year Old 22348 (B) Going to Trial

    Generally, officers write notes on each infraction they write, to refresh their memory.

  3. #3
    Join Date
    Jan 2012
    Location
    Silicon Valley
    Posts
    532

    Default Re: 2 Year Old 22348 (B) Going to Trial

    Who knows if the officer will show up. The FTA is a misdemeanor, which means that it's likely that a prosecutor will be present. The prosecutor may be more diligent about attempting to secure the witness' presence in court. Your friend will still have to answer for the FTA regardless of the 22348.

  4. #4
    Join Date
    Oct 2012
    Posts
    256

    Default Re: 2 Year Old 22348 (B) Going to Trial

    The FTA was dismissed because he's being represented by counsel.

    - - - Updated - - -

    Or because his counsel made a good enough argument to the judge, so all he's answering for is the 22348 (b).

    So back to the original question...

  5. #5
    Join Date
    Jan 2012
    Location
    Silicon Valley
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    532

    Default Re: 2 Year Old 22348 (B) Going to Trial

    Why doesn't your friend ask his lawyer these questions? How on earth would any of us know how likely the officer would be to show up?

  6. #6
    Join Date
    Oct 2012
    Posts
    256

    Default Re: 2 Year Old 22348 (B) Going to Trial

    Well Carl is a cop (actually a sergeant) and I suspect a couple others are officers of the law so that is why I asked. It's a two year old citation for a 22348 (b) from the CHP. Just wondering if anyone might know how likely it is that the officer will actually show up and/or actually remember the incident. Does anyone have personal experience with this?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 2 Year Old 22348 (B) Going to Trial

    That depends entirely on the officer in question.

  8. #8
    Join Date
    Oct 2012
    Posts
    256

    Default Re: 2 Year Old 22348 (B) Going to Trial

    Generally speaking?

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 2 Year Old 22348 (B) Going to Trial

    How else can we speak. Do you think we know who the officer is?

  10. #10
    Join Date
    Oct 2012
    Posts
    256

    Default Re: 2 Year Old 22348 (B) Going to Trial

    I mean if this happened to 10 officers how many would actually show up and actually remember from independent recollection the incident...

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