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  1. #1
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    Feb 2015
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    Default Unsafe Speed Ticket for Use of an iPod, VC 22350

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

    I received a 22350 ticket for holding my iPod (not a cell phone). I did say I was changing the song, but the officer would have had no way to see that I was looking down. I was driving 25-30mph in a 30mph zone, but the ticket was written as follows:
    Speed: 25mph
    P.F./Max - 1mph

    Clearly the speed limit in this area is not 1mph. Is this ticket worth contesting? He said that "safe speed while distracted is 0."

    I would prefer to do a TBD if possible, but am curious if I should just pay it and take traffic school. I just think that the 25 in a 1 argument is odd, and the fact that it was written for 24 miles per hour above the speed limit is a bit punitive.

  2. #2
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    The CHP has been successfully using VC 22350 as a defacto distracted driving statute for many years in southern California. There are those that will argue that this is not an appropriate use of the section and you might well make the same argument. How likely your local traffic court judge or commissioner might be to accepting that claim from the officer is something we cannot guess. You can try to make the argument in a TBWD and then a trial de novo if you lose. But, keep in mind that if you lose at trial the court is not required to permit you to take traffic school, so you might want to weigh that in your evaluation as well.

  3. #3
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    Two questions I suppose -

    First - does it matter that it was LAPD and not CHP?

    Does the ticket qualify as 24 miles per hour over the speed limit in terms of the bail amount? Or is there just a flat amount for a 22350 ticket?

  4. #4
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    Quote Quoting jsp196
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    Two questions I suppose -

    First - does it matter that it was LAPD and not CHP?

    Does the ticket qualify as 24 miles per hour over the speed limit in terms of the bail amount? Or is there just a flat amount for a 22350 ticket?
    Since this interpretation has its origins in southern California, I suspect it is now relatively common place in the courts there.

    And, to be honest, I am not sure whether the court will presume that it's 24 over based on the officer's assumption of a safe speed or not. VC 22350 has scaled penalties with the lowest being 1-15 MPH, then 16-25, then 26+. It will likely be in the ballpark of $238 or $367 depending on which level the court sees it as. I would hope the court would go with the lower amount, but, I cannot venture to guess on their practice.

  5. #5
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    Quote Quoting cdwjava
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    Since this interpretation has its origins in southern California, I suspect it is now relatively common place in the courts there.

    And, to be honest, I am not sure whether the court will presume that it's 24 over based on the officer's assumption of a safe speed or not. VC 22350 has scaled penalties with the lowest being 1-15 MPH, then 16-25, then 26+. It will likely be in the ballpark of $238 or $367 depending on which level the court sees it as. I would hope the court would go with the lower amount, but, I cannot venture to guess on their practice.
    Why would the court go with the lower amount? People like this need to be taught a lesson! I don't want them driving anywhere near me while playing around with an ipod or gps or whatever else. I don't care if the legal language need to be massaged a little to fix things like this. Who know when or if the lawmakers will find time between donuts to fix the law in this sorry state.

    Maybe the driver can just go without a few lattes and that will make up the 367 bucks in six months or so!

  6. #6
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    Quote Quoting jeff1970
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    I don't want them driving anywhere near me while playing around with an ipod or gps or whatever else.
    Have you ever adjusted the radio, turned on the A/C, looked at a girl or guy walking on the sidewalk, had a conversation with or even glanced at the person sitting next to you? All of those have been proven to be equally distracting, but have just come to be accepted and not ticketed.

    And you do realize that your statement about lattes is quite judgmental, considering there are homeless people with cell phones. Would you like to go without hot water for a month?

    This website is for useful information - it's good form to make sure a post is actually adding to the conversation.

  7. #7
    Join Date
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    You received a SPEEDING ticket for holding your iPod? That's going to be kicked back because the ticket says you weren't speeding.

  8. #8
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    Default Re: Unsafe Speed Ticket for Use of an iPod, VC 22350

    Quote Quoting CourtClerk
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    You received a SPEEDING ticket for holding your iPod? That's going to be kicked back because the ticket says you weren't speeding.
    The cite will read VC 22350 with a safe speed of 1 ... if you had inclement weather 22350 cites they'd read the same sort of thing. Not having ever written one myself, I don't know what they typically say, but, I imagine they are similar to any other unsafe speed cites issued when the "safe" speed is not the posted limit.

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