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  1. #6
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    Default Re: How to Dispute Violation 22406 by Aircraft

    Quote Quoting CourtClerk
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    It is for that reason alone that all the commercial drivers I know are some of the SAFEST drivers there are both in their commercial vehicles and in their regular ones, especially since the DMV keeps jacking around whether they can or cannot go to traffic school if they are in their personal vehicles (first it was no, then it was yes, then it was no, now I believe it's yes again and it's rumored to go to maybe under certain conditions sometime next year)... money making scheme.
    Agreed... although the DMV is obligated to do what the legislature enacts... So its more our reps in Sac-town that are goofing around.

    In this case though, a 22406 only applies to those vehicles that are described under that particular code section. Mainly:

    22406

    No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:
    (a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
    (b) A passenger vehicle or bus drawing any other vehicle.
    (c) A schoolbus transporting any school pupil.
    (d) A farm labor vehicle when transporting passengers.
    (e) A vehicle transporting explosives.
    (f) A trailer bus, as defined in Section 636.

    The MVARS check box simply indicates that MVARS was on when the officer pulled the driver over although that is not going to overcome the validity of any evidence presented to support the possibility that the driver was speeding prior to getting lit up.

    And since we've gone this far, the other box indicating that the citing officer did/did not witness the alleged violation, means just that... If it is checked, the violation was committed in his presence, if left unchecked, it was reported to him (the "information" part) or he deduced that it occurred (the "belief" part) from someone's statement (in the case where he may have been investigating an accident). The fact that he did not check it in this case could mean that he may have witnessed you speeding (and possibly paced you or used Radar or Lidar to further confirm your speed) in addition to it getting reported to him from the aircraft.

    Either way, the possibility that it may have gone unchecked whereas it should have been is not likely to result in a dismissal, if that is the basis for the question that was raised. This is simply because this is not a required element on a speeding citation (the required elements are listed under CVC 40503) and it could be a matter that ends up being considered a typographical error rather than a defect in the charging document.

    Last but not least, the 55 mph speed limit is a statutory limit for the vehicles described. This makes it the sure conviction that CC described simply because exceeding that limit by even as low as 1 mph is considered in violation. And you'd be hard pressed to overcome the officer's testimony that you were speeding through any possible means that you might choose.

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