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  1. #1
    Join Date
    Feb 2013
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    4

    Default Speeding Ticket with MVARS, Officer Recorded an Expired License Number on My Ticket

    My question involves a traffic ticket from the state of: CA

    I just got a ticket, the CHP office checked MVARS and stated that I was pulling away from him when he was doing 105MPH. The ticket is a 22348(B). The ticket says "Speed Approx is 105+". I was speeding, but I was NOT going over 100MPH I know that much. My question is do I have any chance of fighting this? Also my next question is, if and when I do pay, do they allow any kind of payments as I'm sure if I lose this is going to be a lot of money. Also in regards to the points, if they get me I heard its 2 points, is there any way to get this removed or do I have to wait 3 years?

    My last concern is that he got all my information right on the ticket but he put down an old drivers licence in Texas that should no longer be valid. If the points to get put on my lic. will it be that one or my current CA lic? The reason he put down that one is because I was actually speeding to get my wallet and go pay for food that I just ordered..so they went off of the Texas one they had on file.

    Thanks in advance guys/girls!

  2. #2
    Join Date
    Sep 2010
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    19,480

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    You'll have a hard time refuting the video of him not keeping up with you at 105 MPH. Yes you will get two points and they'll stick with you for the entire duration. There's no traffic school option here. You can sign up for a payment plan, but it's not that great of a deal. You pay $35 for the privilege and it's still due in 90 days. If you miss the due date, it will be another $300.

    How is it you managed to have two licneses? Normally when you become licensed in a new state, the old state is notified and your old license is rendered invalid.

  3. #3
    Join Date
    Feb 2013
    Posts
    4

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    I have no idea how I have two, I asked him that myself. I even mentioned remembering them punching a hole in the Texas one to visually show it was invalid.

    As far as him saying I was pulling away from him at 105MPH. Should I plea not guilty and try to refute that or is it better off just plea guilty and try to get it reduced? I'm hoping that the video does not show me puling away from him while he is going 105, because I really do believe I was not going over 100MPH.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    You should have handed the officer your California license instead of the Texas license.

  5. #5
    Join Date
    Feb 2013
    Posts
    4

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    That is the thing, I did not have any License at the time that he pulled me over. They went off of what they had on record from prior incidents back around 3 years ago.

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

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    Sounds like the officer does not have a case ... he did not pace you, did not radar you, did not Lidar you ...

    Is a cop-cam good enough to support a speeding conviction? I don't think so ..

    If the mvars record contains anything other than a video (ie no further data) - object to its introduction at trial...its meaningless .. object anyway.

  7. #7
    Join Date
    Sep 2005
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    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    I'm not finding it likely that, having been told by you that you had a current California license and that the Texas license had been surrendered, the officer would have used the Texas information.

  8. #8
    Join Date
    Feb 2013
    Posts
    4

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    Well he did. Actually what happened was I did not have a lic with me, i told him that. He then got my name and went back to his car to fill out the paperwork. He came back, gave me the ticket to sign and I told him I do not have the TX drivers lic, and have not had it for over 3 years, and I have a CA lic ONLY. He replied with something like "hm that is weird, that is what we have on file for your name, you should go to the DMV..oh wait if you have a CA lic you dont need to". I said "OK" he said something like "Slow down partner" and said "Yea" and I drove off.

    - - - Updated - - -

    So do you guys think I have any way to fight this? It is basically his word vs mine as there is no concrete evidence indicating I was even speeding other than the MVARS and his current speed. I'm sure that it would be hard for him to guess my speed when he was more than 10 cars behind me at the time his lights were flashing and I could of only been going up to 14 miles faster than him (Governor tops my car out at 118).

    Also is there anything to lose if I do try to fight it? At this point isnt it the same if I plea guilty as aposed to being found guilty after pleading not guilting?

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

    Default Re: Speeding Ticket Mvars Checked with Old/Wrong Licence

    Don't worry about the license issue. It will be resolved before you get to court. And do take your California DL with you to court. The judge is going to want to see it.

    Quote Quoting crtvlynx
    View Post
    It is basically his word vs mine as there is no concrete evidence indicating I was even speeding other than the MVARS and his current speed. I'm sure that it would be hard for him to guess my speed when he was more than 10 cars behind me at the time his lights were flashing and I could of only been going up to 14 miles faster than him (Governor tops my car out at 118).
    And you think the officer's word is not enough to convict you of speeding? With or without MVARS, all he has to prove is that you exceeded 100mph. And his testimony s more than sufficient to sink you. You're not making a good point counting cars when you're up at 105mph. Also, your car tops out at 118, his, depending on who you believe can top out at 126mph. And you could never outrun a helicopter (you don't know if he had dispatched one).

    Quote Quoting crtvlynx
    View Post
    Also is there anything to lose if I do try to fight it? At this point isnt it the same if I plea guilty as aposed to being found guilty after pleading not guilting?
    The fine amount is set at $900, that, you may find is the minimum. Statutory maximum on the BASE fine alone is $500 (per 22348(b)(1)) which, after adding penalties and assessments adds up to $2125. You're guaranteed the 2 points and I'm guessing you'll also see a 30 day license suspension (per CVC 13200.5). So yes, you do have something to lose by fighting it.

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