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  1. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Received a VC 22350 Ticket

    The descriptions are subjective and are merely notes for the officer. Unless the officer will testify that the road was slippery or otherwise hazardous, those items should make little difference in the case. Doing 50-55 in a 40 MPH zone is sufficient to be guilty of VC 22350. You can always admit to the actual speed and save yourself about $100 on the fines, but, that's your call.

    Keep in mind that the speed the officer cited you for may not be the speed you were traveling when YOU observed him - only when HE observed YOU. The slope and number of lanes does not make any real difference in that regard.

    As for possible defenses, sure, there are a few. The most common is to look into the speed survey to ascertain whether it is valid or not. The second is to try and argue that your speed was safe for conditions (not always an easy thing to do, especially if there was any traffic and dampness on the road); possible, but not generally a winning defense.

    You mention you have not gotten the "ticket in the mail"???? But, you said he gave you a ticket? Are you referring to the so-called "courtesy notice"? Keep in mind that you might never get a courtesy notice, so you might want to check on the citation every few days. If you intend to challenge the cite, be sure to appear on or before the court date listed on the citation. Also, if you wish to start with a trial by written declaration, check with the court to find out about the local process for that. Keep in mind that taking the case to trial may cost you the possibility of traffic school, so that should be a consideration if you want to avoid the possible insurance hit. And, yes, you can always go to court and admit to a speed of 15 MPH or less and hope for the requisite fine reduction that accompanies such a speed (should save you about $100).

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