Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Dec 2015
    Posts
    2

    Default Speeding Ticket for Driving > 100 MPH, VC 22348B

    Hey all,

    I'll keep it short and sweet and try to stay away from any irrelevant details:
    I'm trying to see if I should even consider getting a lawyer or if I can fight this myself.

    Scenario:
    I received a speeding ticket in California in the Orange County area on the 91 freeway just before Green River Road (approaching Corona after Fullerton).
    The officer was 4 lanes over (I was in the far right lane and he was in the far left lane) and when I looked over his lights were on and he was pointing at me.
    When he pulled me over he said "I got you going over a 100mph" to which I replied "I don't think so, can I see the gun?" (I was speeding at 85+ mph... we'll call it 90mph to be generous)
    He asked me "How would I get you with a radar gun from 4 lanes over?"
    To which I replied, "yeah, well I wasn't going 100 that's for sure"
    He asked, "How fast were you going then?"
    Not to admit guilt I simply said, "Definitely not over 100."

    He wrote me a ticket for 22348B, driving in excess of 100mph with an approximate speed of 101mph

    A couple additional notes:
    - Things misspelled or incorrect on my ticket: My full name and my license plate
    - Road conditions: Dry and sunny
    - The portion of the freeway I was driving on was driving on was curved. I was on the inside curvature and he was on the outside. If he had to speed up in excess of 100mph to catch up to me it was likely due to him being 4 lanes over (by his own account) and on an outside curvature on a significantly curved road (think running track, being on the inside versus the outside of the track)

    I'm trying to see if I should get a lawyer via the ticket clinic or some other site, or if I should just fight this myself.
    My defense would be that I am indeed guilty of a 22349 (driving above 65mph), but not a 22348b (driving above 100mph) while mentioning the above note about curved roads and what have you.
    I would say that even if the officer was pacing me or gauging my speed, that without a radar gun there's surely some margin of error.
    Even at a 2% margin of error it could be the case that I was under 100mph (he wrote approx 101mph speed with no radar used. 2% error would put me at ~99mph, which would be a 22349).

    Brilliant lawyers of the world! What are your thoughts? Can I fight this one myself? Or should I lawyer up? I am a UC college educated graduate with a BS in Economics so... I'm not a genius (as I was speeding in front of a cop), but I'm not the dumbest kid in the world!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    It is always better to use a lawyer. We cannot asses the success you will have with a judge acting independently.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    Quote Quoting Kooksmf
    View Post
    I'm not the dumbest kid in the world!
    Yeah, you are.

    You drove 90 mph+.

    That's about the dumbest thing anybody can do and then wish for some magic words to get out from under the citation.

    You're toast.

    Welcome to reality.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    I'm not a big speeding ticket guru but realistically if you are willing to admit to the lesser charge I strongly suspect the court will allow it in exchange for dropping the over 100 ticket.

    Your running track analogy, while correct in the basic understanding, won't defeat the ticket.

    The only thing you have is to dispute the accuracy of the cops estimation.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    Quote Quoting Kooksmf
    View Post
    Things misspelled or incorrect on my ticket: My full name and my license plate
    They have your correct driver's license number? That's how the ticket is going to be associated with you and your driving record.
    Quote Quoting Kooksmf
    The portion of the freeway I was driving on was driving on was curved.
    Driving on a curve is not a defense to a speeding ticket. Requiring that the officer drive quickly to catch up with you is not a defense to a ticket.
    Quote Quoting Kooksmf
    I would say that even if the officer was pacing me or gauging my speed, that without a radar gun there's surely some margin of error.
    You can attempt that argument. The worst you can do is lose.

  6. #6
    Join Date
    Oct 2015
    Location
    California
    Posts
    169

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    As the officer himself stated he was not using radar, he must have gotten your speed by pacing. The proper way to do it is behind you, not four lanes over. Due to the curvature of the road he would have to drive faster than you to keep up with your speed. Even if you drove just 1mph slower than him, you are not guilty of VC 22348(b) violation. I say definitely go to court. You have a good chance to defeat this charge; though the judge may change it to 22349. With a lawyer your good chances of accomplishing this become near 100%. Whether you want to make that investment is up to you.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    Quote Quoting thewiseone
    View Post
    You have a good chance to defeat this charge; though the judge may change it to 22349.
    The judge can't just change the charge if OP takes it to trial.

  8. #8
    Join Date
    Oct 2015
    Location
    California
    Posts
    169

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    Quote Quoting free9man
    View Post
    The judge can't just change the charge if OP takes it to trial.
    Pretty much anything is possible in traffic court. But I concede it would be more proper to dismiss the ticket altogether.

  9. #9
    Join Date
    Dec 2015
    Posts
    2

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    Quote Quoting free9man
    View Post
    The judge can't just change the charge if OP takes it to trial.
    Well I'm not expecting the judge to change it willy nilly. I'm willing to admit that I was speeding, but the fact that he says I was driving over 100mph is what I'm looking to dispute. If anything I would prefer it to be a 22349, but in that scenario I'd like to take a class to remove the point incurred from a 22349 (as opposed to the 2 points I get from the 22348).

    However, I've also been advised not to admit that I was speeding AT ALL and to outright state that the officer didn't follow the right procedure in estimating my speed.

    I feel wary of doing this as I think the Judge will see through such a charade and be like "oh come on you obviously weren't driving the speed limit."

    Although I'd love for the case to be dismissed... I'd realistically be happy if I was just charged with the law I was actually breaking and see if I could take a driving school class!

    Quote Quoting thewiseone
    View Post
    With a lawyer your good chances of accomplishing this become near 100%. Whether you want to make that investment is up to you.
    I got a quote from the ticket clinic and they said it would cost $500 with no guarantee of lowering the charges or winning the case... this is essentially 50% of what I would pay the courts so I'd really only want to go for this if I was offered some hope of fighting this. Thus far you're the only person who thinks I have a chance.

    ...

    Also, I was advised to fight the ticket via written declaration and hope that the cop doesn't write back
    If he did write back and I lose I was advised to request an in person trial.

    I'm also wary of doing this because I fear going in front of the judge and them saying I "wasted the courts time by going through a written declaration and then requesting an in person trial." leading the judge to give me the strictest penalty possible.

    Am I being paranoid, or is it better for me to simply approach the judge in person during trial and be honest?

  10. #10
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speeding Ticket for Driving > 100 MPH, VC 22348B

    I would definitely recommend TBWD as a first step. I've seen numerous Trials de Novo (after TBWD) and hardly ever seen the judge indicate any displeasure with the defendant's choice there. They know it's a legal option the defendant has and would probably do the same thing in the same situation.

    As unlikely as it is that the judge will amend the charge in a live court trial, it's even less likely at TBWD. If you can show that the officer improperly paced and that a curve in the road combined with his statement to you that he was four lanes over equals reasonable doubt, you might get lucky at TBWD, even IF the officer responds. I've seen numerous cases where there was no response but this probably varies by jurisdiction.

    You don't really lose anything by doing TBWD and the payoff can be high. If you go to TDN after that, and you don't think the judge is fair, keep in mind that you can disqualify the judge if he or she is Pro Tem or via PC 170.6 (one time only). I've done both. The Pro Tem judge seemed to have no problem at all with it but the permanent judge was visibly pissed off. Too bad. This is technically a motion and in my opinion could be verbal or written. My judge required it in writing. You can find one of these written motions in "Fight Your Ticket in California" and type it up with a blank for the judge's name before trial. Then, just pencil in the judge's name and hand it to the bailiff!

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Speeding Tickets: Incorrectly Cited for Speeding Over 100mph, VC 22348b
    By Kai Chung in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 01-13-2015, 07:15 PM
  2. Speeding Tickets: Speeding Ticket for Driving 45 in a 30 Behind a Cop
    By steven5210 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 10-02-2012, 12:29 PM
  3. Speeding Tickets: Speeding Ticket While Driving Big Rig
    By raja209 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 10-20-2011, 04:25 PM
  4. Careless Driving: Carless Driving and Speeding Ticket
    By Jonny545 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-27-2010, 08:23 AM
  5. Speeding Tickets: Speeding Ticket with a Car I Was Not Driving
    By Mary Blocklin in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-19-2009, 06:26 AM
 
 
Sponsored Links

Legal Help, Information and Resources