Results 1 to 8 of 8
  1. #1
    Join Date
    Jun 2013
    Posts
    3

    Default Ticket for Speeding, Charged VC 22349a, Not VC 22350

    My question involves a traffic ticket from the state of: California
    I was charged with VC 22349a driving 77mph in 45mph zone. It is a street, not a highway. Cop used Lidar. The stop occurred about 2.5 miles away from the place where violation occurred. I was fined $572. I submitted my TBD and got a decision from judge to lower from $572 to $332 including TS and she added in comments "should be over 65mph (77/65, not 77/45)". My question: is it legal? Shouldn't she dismissed the case due to incorrect VC? I know for a fact if I was charged VC 22350 (violation of Basic Speed Law) I would have had basically no chance. But VC 22349a states "Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour." It is a city street, not a highway. Please advise. All reasonable tips and approaches are welcome. Thanks in advance!

  2. #2
    Join Date
    Aug 2012
    Posts
    115

    Default Re: Charged VC 22349a, Not VC 22350

    Quote Quoting CVC 360
    "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
    What incorrect VC are you referring to? You were cited for 22349(a), which is exceeding the 65mph statutory max speed limit, but you were fined as if you had been charged for exceeding the 45mph posted limit. The judge found you guilty of the 22349(a) charge, but amended your fine to show the proper speed difference (77/65, not 77/45). Seems like she did you a favor that saved you $240.

    Also, you have it backwards. 22349 charges are almost impossible to beat; 22350 charges less so.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Charged VC 22349a, Not VC 22350

    Quote Quoting SokoL717
    View Post
    My question involves a traffic ticket from the state of: California
    I was charged with VC 22349a driving 77mph in 45mph zone. It is a street, not a highway. Cop used Lidar. The stop occurred about 2.5 miles away from the place where violation occurred. I was fined $572. I submitted my TBD and got a decision from judge to lower from $572 to $332 including TS and she added in comments "should be over 65mph (77/65, not 77/45)". My question: is it legal? Shouldn't she dismissed the case due to incorrect VC? I know for a fact if I was charged VC 22350 (violation of Basic Speed Law) I would have had basically no chance. But VC 22349a states "Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour." It is a city street, not a highway. Please advise. All reasonable tips and approaches are welcome. Thanks in advance!
    Well dang it, 22350 only applies to highways...

    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.

    SO there goes your whole argument. But truth is, there is no legal difference between a street and a highway, or an alley for that matter.

    Because the legal definition of a "highway" includes all of the above and more:


    360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.


    And...

    590. Street is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway.


    And fact is, 77 in 65 with a 22349(a) or 77 in a 45 with a 22350, even with what some claim the latter to be an easier to beat citation is still an impossible to beat citation.

    So your only approach would have been traffic school assuming you were eligible. Too late now.

  4. #4
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Charged VC 22349a, Not VC 22350

    Thank you for your concern. Tomorrow is my 20th day and I will request trial de novo and will take my chance in court with or without cop.
    Cop gave me citation about 2 miles away from location where he supposedly got me on his LIDAR. I got nothing to lose. I can argue whole fine if I will be found guilty again and ask for reduction and if it won't be granted, I will simply appeal it and look for justice in Superior Court.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Charged VC 22349a, Not VC 22350

    By requesting a TDN, you are in fact refusing the verdict you received in the TBD. just keep that in mind!

  6. #6
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Charged VC 22349a, Not VC 22350

    I am aware of that but I better take a chance of a cop not showing up in court or will fight in a trial. I am planning on requesting discovery on certificates of using equipment that officer used. Only thing I am not sure and if you can suggest. Who do I need to serve for discovery a city attorney or an agency that cop was from?

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Charged VC 22349a, Not VC 22350

    Quote Quoting SokoL717
    View Post
    I am aware of that but I better take a chance of a cop not showing up in court or will fight in a trial. I am planning on requesting discovery on certificates of using equipment that officer used. Only thing I am not sure and if you can suggest. Who do I need to serve for discovery a city attorney or an agency that cop was from?
    You would serve it to both, the prosecuting attorney and the law enforcement agency.

  8. #8
    Join Date
    Apr 2011
    Posts
    409

    Default Re: Charged VC 22349a, Not VC 22350

    Quote Quoting SokoL717
    View Post
    Thank you for your concern. Tomorrow is my 20th day and I will request trial de novo and will take my chance in court with or without cop.
    Cop gave me citation about 2 miles away from location where he supposedly got me on his LIDAR. I got nothing to lose. I can argue whole fine if I will be found guilty again and ask for reduction and if it won't be granted, I will simply appeal it and look for justice in Superior Court.
    Although I doubt it, if for whatever reason, the actual LIDAR distance itself is anything near 2 miles away, that's out of the range for any LIDAR device in speed mode.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Fighting Against a Speeding Ticket, CVC 22349a
    By stpmu in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 07-24-2012, 05:42 PM
  2. Hearings and Trials: TBD Self Defense for a VC 22349a Speeding Ticket
    By itsphake in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 05-05-2011, 03:37 PM
  3. Speeding Tickets: Los Angeles County Speeding Ticket 85 in a 65, Mistakes on the Ticket (CVC 22349a)
    By flypig687 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-09-2010, 12:40 PM
  4. Speeding Tickets: Speeding Ticket - Calif. VC 22349a
    By FightMyTicket in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-01-2010, 10:49 AM
  5. Speeding Tickets: Speeding Ticket VC 22349a
    By Meinnocenthaha in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 11-07-2009, 10:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources