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  1. #1

    Default Speeding in California, Ineligible for Traffic School

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

    Hey all - I read an older thread on here where some members suggested just posting as soon as the OP had gotten the ticket, so here I am. Got one this morning. 87 in a 65. CHP was very nice, and wrote me for 80 in a 65. The ticket itself is largely unreadable. The radar box is not marked. I dont believe it says pacing anywhere, although Im not sure where to look. I could post a pic of the ticket if needed.
    Im not eligible for traffic school since my last traffic school was done in August of last year. The ticket itself I got quite a few months before that though.

    Anyhow, whats my options to fight this, or delay until Im elible for traffic school again?
    Thanks in advance everyone.

  2. #2
    Join Date
    Mar 2018
    Posts
    287

    Default Re: Speeding in California

    You're eligible for traffic school if you haven't had any tickets in the 18 months before the date of this infraction. When you have your current ticket taken care of has nothing to do with it.

    What code violation is written on the ticket? CVC 22349?

  3. #3

    Default Re: Speeding in California

    Yes thats the code. Looks like 77349 though... how do I find out when I last had a ticket? I just have the traffic school receipt in my email that I delayed until the last week possible.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Speeding in California

    Quote Quoting BayAreaRider
    View Post
    87 in a 65. CHP was very nice, and wrote me for 80 in a 65.
    That was a gift.

    Quote Quoting BayAreaRider
    View Post
    The ticket itself is largely unreadable. The radar box is not marked. I don’t believe it says pacing anywhere, although I’m not sure where to look. I could post a pic of the ticket if needed.
    No need. The condition of the ticket is irrelevant. It's just a notice that you were cited. He could have written on your shirt.

    Quote Quoting BayAreaRider
    View Post

    I’m not eligible for traffic school since my last traffic school was done in August of last year. The ticket itself I got quite a few months before that though.
    Hmm, didn't learn anything from your last ticket, eh?

    Quote Quoting BayAreaRider
    View Post
    how do I find out when I last had a ticket
    You can get your driving record online at:

    https://www.dmv.ca.gov/portal/dmv/detail/online/dr

  5. #5

    Default Re: Speeding in California

    Thanks. The reason I mention the illegible ticket is because Im high school I had a ticket dismissed because they could not read the officers handwriting and who also marked the wrong box for AM/PM.

    So what is my best line of defense to fight this ticket, although it was rightfully imposed?
    And how long is it possible to postpone a court date after setting one?

  6. #6
    Join Date
    Mar 2018
    Posts
    287

    Default Re: Speeding in California

    Since you admit to committing the offense, your only chance is to show up for trial and hope the officer does not. If he does, though, you'll have to think of something to say in your defense. Like "everyone else was going about the same speed" or "this was on a freeway, with little traffic, so it was safe." That won't work to get you off, of course, but it beats admitting you're just wasting the court's time. Then you can ask for traffic school, if you're eligible. Note that the judge does NOT have to grant it at that point, though. He will always grant it for this offense if you request it before the trial itself... so you should keep that in mind.

    To delay as much as possible, you wait until it's almost the date of the mandated court appearance from the ticket or the courtesy notice (which you should get in the following weeks), then ask the clerk for a continuance, either by phone or online. Usually they allow a month, no questions asked. You can then go to court to be arraigned, plead not guilty and waive the right to have the trial within 45 days. That should put it pretty far out, depending on the court's backlog.

  7. #7

    Default Re: Speeding in California

    Right on. Thanks. Are you saying because I admitted to it just now? Because I did not admit to officer. He said got you doin 87 there. And I said hey Im just a union worker trying to get to work officer. Then we cut it up about his motorcycle gear since we were both on bikes. Then I said, can you cut me a break on the speed? And he said, yeah sure. Then that was it.

  8. #8
    Join Date
    Mar 2018
    Posts
    287

    Default Re: Speeding in California

    It is extremely difficult to beat the officer's testimony of your speed without saying how fast you were actually going. I've never seen "I don't know how fast I was going" work. You can certainly say that in your defense if the cop shows up, but it's not going to get you off. On the other hand, if you say you went 65 when you know you went 87, that's perjury. Not worth it, and will probably also not work. There are complex procedural strategies, but unlikely to work for laymen defenders.

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