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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Received a Speeding Ticket, Followed by a Notice of Correction

    California

    I received a speeding ticket with a violation of section 22349 (a) and was later sent a notice of correction that states violation should be changed from 22349 (a) to 22349 (b)

    2 things: one I read that the notice of correction cannot be mailed.
    two: I read the violation that it was changed to 22349 (b) and it states

    (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

    (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

    (2) Passing lanes may not be considered when determining the number of through lanes.




    I was cited driving down a highway with a huge center divider and two lanes (no passing lane) in each direction.

    Can i be clear on this basis?

    Thank you

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

    Default Re: Received a Speeding Ticket, Followed by a Notice of Correction

    I have no idea why they would have sent you that "correction", which in fact appears to do the opposite of correcting the ticket. If you contest the ticket, take pictures with you to court, and/or perhaps a screen grab of the satellite image from Yahoo maps, Google maps, or Google Earth.

    I wonder if the prosecutor would try to amend the charge back....

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Received a Speeding Ticket, Followed by a Notice of Correction

    I'll bet the original cited speed was UNDER 65, so the officer glanced at the (b) section and amended it to THAT instead of just going with CVC22350.

    If over 65, then this was an even bigger FUBAR.

    Unless amended prior to court, this would seem to be a win for the defendant provided he can prove that the roadway he had been driving had been divided ... I'd say for at least a mile or at least since the officer observed the OP.

    - Carl

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