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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Can You Beat a Speeding Ticket if the Violation Code is Incorrect

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

    Got a speeding ticket claiming I was going 40 in a 25. I wasn't, but that is beyond the point.

    Never got a ticket in Los Angeles so I have no idea how the process works.

    Under Code and Section on this ticket it is listed as VC 22350. Looking that up it is for speeds over 16-25MPH above the limit. Radar was claimed as used and the speed is listed as 40 which should be VC 22349.

    Before I noticed this, I was prepared to fight the ticket but am now wondering does anything void a ticket in Los Angeles?

    Looking around I see that a so-called courtesy letter is sent 21 days after the ticket is issued and on the front of the ticket it has an appear on or before date 2 months from date of issue.

    Looking for some advice on what to do.

    Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Ticket Ever/ Violation Code is Incorrect / How Does It Work in Los Angeles

    I don't know where you think you looked it up but 22350 VC does NOT indicate any specific speed over the posted limit. It is here:

    22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

    There's nothing that precludes radar from charging it either. There's nothing in radar or the road that mandates 22349. 22349 are default maximum speeds that apply when there is no posted speed. The limits in 22349 apply UNIVERSALLY regardless of conditions, traffic, etc... 22350 is open for argument as to whether you what the safe speed was relative to what you were observed doing.

    There are no technicalities that void things just because of what is written on the ticket. Also, the speed trap law doesn't apply here.

    The courtesy letter means SQUAT.

    The limit is 45 days from the time the charges are filed until trial unless you waive time or do something that delays it.

  3. #3
    Join Date
    Aug 2012
    Posts
    115

    Default Re: First Ticket Ever/ Violation Code is Incorrect / How Does It Work in Los Angeles

    Quote Quoting flyingron
    View Post
    Also, the speed trap law doesn't apply here.
    Actually, since it's a 22350 citation and radar was used, the speed trap laws (VC sections 40801-40805) do apply, so you may have a defense there.

    OP, can you scan and redact your citation, and post it up here?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Ticket Ever/ Violation Code is Incorrect / How Does It Work in Los Angeles

    Yes, sorry, Supralover is right on the speed trap. It might appear here. We'd need to know what the road was and what the posted speed was.

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