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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Speeding in a Construction Zone, but Issued a Regular Speeding Ticket

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

    Ticket Information:
    Los Angeles County Sheriff's Department 4/18/2017
    22350 CVC Speeding Infraction

    Speed: 44
    Max Speed: 30 (Construction Zone)
    Normal Max Speed: 45

    Location: 5800 Washington Blvd. Commerce, CA

    Extended Date to appear: 8/21/17

    I was caught accelerating to the speed of 44mph starting from a stop light in a construction zone of 30mph. When I was pulled over, he asked for the usual driver's license and my registration. Everything went smoothly and when the officer came back with my speeding ticket, he told me that he will leave the "construction zone" part out of my ticket which definitely saved me some money. However, he told me he will jot down on his notepad that this was indeed within a construction zone.

    I would like to request a trial by written declaration but I am worried that once I submit my TR-205 and it gets rejected, they'll hike up my speeding ticket fine with the additional "construction zone" infraction. Can the courts change the amount of bail after they see that the ticket should've been for a construction zone speeding ticket and/or after reading the Sheriff's summary? Also, in my Trial by Written Declaration, do you recommend stating that this was a construction zone (since the Sheriff kept note if it) or should I write it as if this was the normal speed limit?

    OR.. Should I just pay the speeding ticket (Total: $308 w/fees) since the officer did me a favor?

    Any type of insight would be appreciated.

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding in a Construction Zone, but Issued a Regular Speeding Ticket

    I doubt that there will be an amendment of the ticket, although it could be that the officer's statement for the TBWD brings to the court's attention that you've already had a significant break by being cited without reference to the construction zone.

    Do you have a defense to the ticket, or are you simply rolling the dice?

  3. #3
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    510

    Default Re: Speeding in a Construction Zone, but Issued a Regular Speeding Ticket

    Once you file a TBWD the charge CANNOT be changed if you choose a Trial de Novo, not by the court or by the citing officer. If you intend to go to trial, I always suggest doing a TBWD first. It is a great discovery tool and it locks the officer into his testimony.
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