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  1. #1
    Join Date
    Feb 2016
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    5

    Default Speeding at Over 100 MPH in California, VC 22348(B)

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

    Hello, I have been a long time lurker here and this is my first post. I will try to make this short and to the point.

    I was sited for exceeding 100 MPH pursuant to VC 22348 (b) while driving on the freeway in LA (Posted speed limit of 65) very early in the morning. Very few cars, going down hill, my speed just got away from me. . The office said I was going 101 MPH and used a radar at a recorded distance of 2133 (Im assuming ft, but it wasnt noted).

    This was the only violation I was sited for. I have an arraignment date set for 2/24. I would love you advice on what to do...

    I am aware of what penalties 22348 (b) carries but I want to know if I should plead guilty or not guilty. My thought is that pleading guilty will just incur the penalties of 22348 (b) and the fine will be somewhere around $850. But I really dont want to lose my license for 30 days so that is my chief concern.

    If I plead guilty, is there any chance that the judge will reduce the penalties? Say a 15 day suspension instead of 30? I could deal with that.

    If the judge will not reduce the penalty, my thought is to plead not guilty and just try to fight it. Why not? If I lose, wont I most likely just be assessed the original penalties anyway?

    Also I have read that because my noted speed was 101 exactly that I could use -/+ 1 radar error as a defense which then shows reasonable doubt in regard to 22348 (b) specifically. I dont mind a reduced sentence...I was speeding and I am not trying to get out of this, just trying to play the best hand.

    Any advice? Sorry I missed any info.

    Thank you

  2. #2
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speeding at Over 100 MPH, VC 22348(B) in California

    My suggestion is that you contact an attorney. Pay them a couple hundred bucks and they'll give you some ideas or maybe you'll ask them to represent you. You might not wind up saving any money but they might be able to set up a plea bargain where you'd avoid the suspension. And, they can appear on your behalf so you can keep working to pay all the money you're going to pay.

  3. #3
    Join Date
    Feb 2016
    Posts
    5

    Default Re: Speeding at Over 100 MPH, VC 22348(B) in California

    Thank you Donzoh1,

    I am hesitant to get a lawyer because I am not sure what they can really do. How can they plea with the judge any differently then I could? I get asking for advice but having them appear for me sounds like a waste of money. I wont be missing work on the day of my arraignment. Wont the Lawyer just say guilty or not guilty?

    Maybe if I say not guilty I should get the lawyer. IDK.

    I appreciate you responding.

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speeding at Over 100 MPH, VC 22348(B) in California

    At arraignment, the judge would likely give you time to hire an attorney and your trial won't be that day anyway. Many traffic lawyers have relationships with the local law enforcement people or prosecutors and they can tell you how much it will cost and what they're likely to be able to accomplish. I'd put my money on a local guy or gal, not some TV type. Again, it's not a way to save money short term but might be long term with regard to insurance rates, suspensions, etc. You could do TBWD yourself just to see if you can get lucky by the officer not responding. I've had good luck in the past with that strategy, although with a more serious case like this, I'm betting they are more likely to respond than usual. Who knows?

    You can always try TBWD and hire an attorney after that if you're convicted. The attorney would be able to continue with Trial de Novo or help you in that regard. You are not allowed to lie at TBWD but you must avoid incriminating yourself or you'll screw the lawyer's chances to help you later.

  5. #5
    Join Date
    Feb 2016
    Posts
    5

    Default Re: Speeding at Over 100 MPH, VC 22348(B) in California

    I have received a couple speeding tickets in the past and the amount owed was always reduced. I also read that someone who had a v 22348b got their sentence reduced (smaller $$$ and reduced suspension time). Do you often see this to be the case in 22348 b?

    If I plead not guilty and request TBWD, Im assuming Ill have to post bail which could be $825+ and that would be due right away right?

    Part of me just wants to get this over with and plead guilty and hope for the best.

  6. #6
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Speeding at Over 100 MPH, VC 22348(B) in California

    Unless you're flat broke, you'll have to pay when submitting your TR205 form. You probably won't get the result for a month or so. Then, you might wait another month for court trial, while your bail is still on deposit, assuming you're convicted at TBWD. You might well get a reduction in exchange for a guilty plea. cdwjava might be the best person here to answer that. Or, you can buy a little time with a local attorney. I'm thinking whatever you pay them, it might be well worth it in a lower fine/suspension.

    A lawyer can help from two angles. First, they already have a relationship with the local coppers and courts where they know pretty much what to ask for and they will likely get it. Second, if they fight the case for you, the prosecution will have a tougher time proving the case. With a fine amount above 500 bucks, you're entitled to a jury trial, which erases all the money that will ever be collected above 500 and then some.

    Personally, I'd fight lesser infractions myself, partly because the consequences for losing are far lower and partly because I know what I'm doing. If I had your current case, I'd consider a lawyer myself and if a DUI, I definitely would hire one.

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