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  1. #1
    Join Date
    Nov 2007

    Default Maximum Sentence Given For Traffic Violations

    Keydo, you seem a wealth of knowledge, what can you say about a conviction of VC 22348(b) driving over 100mph that the judge gave (I found erroneously-see 22348(b)(1) and VC 13200.5 as well as VC13203) a 6 month suspension and a fine of over $1,000, and I quote, 'I'm giving you the max based on your record'?

    For the record I had never had a conviction of this VC, it was my first offense of this subdivision. I had a mess on my DMV record but three points were to be shortly removed- the only two speeding tickets on my record that should have been considered, if however irrelivant to the case I was being heard for would have been, one for the year prior and a second two years prior (two points total). There was also an accident point on my record (pissed that there is this point) for the same timeframe-(pissed because) I successfully fought the citation too fast for conditions and won (there was oil on the road and my motorcycle slid out in a one vehicle accident).

    To be fair I can see why the judge saw a problem driver, at the time of my hearing, the DMV report the judge would have seen showed 3 points on my record that were to be removed. The first I knew about and the second I found out about after getting my DMV record.

    The first was an appeal of a exhibition of speed ticket (2 points) that had just been dismissed 3 days prior (I was told in Santa Ana that it takes 51 days for the remittur to be drafted and then sent to the local court, they may take up to 30 days to clear, then the DMV may remove the points)-LUCKY ME. The second error was a speeding ticket that I went to drivers ed/safety school for.

    Now the three points are removed but because the Judge decided to 'give me the Max' with the 6 month suspension and the max fine, my license is still suspended and its tough to get around much less a great job. I went to the court with the court orders of dismissal and the removal of the points and even a new DMV record reflecting that I am NOT over points and therefore requested my license to be re-instated. However, they said they cannot hear anything on the removal of the points because I appealed the verdict on the VC22348(b) case and thay cannot reopen.

    I even asked the Judge for a permit to allow me to drive back and forth to work and he denied me. This was before I looked into it and discovered that it is afforded by VC 13201(2).

    Also it should be noted that besides being denied an attorney after requesting a continuance from the Judge for that specific reason, I dispute the citation itself. I may have sped over the limit but it was in the interest of MY safety as there were several trucks pitting my neck, legs, helmet windscreen and motorcycle, so I did increase my speed to pass them safely and with complete awareness of all of my surroundings. I was stopped by a fellow motorcyclist that had apparently deemed following me and stopping me going to same speeds (if not more, to catch up) as reasonable and prudent.

    Was I treated unfairly and do you have any suggestions for my appeal or appellate brief filing?

    Quote Quoting Keydo
    View Post
    PM me. I've got one for California. Otherwise, you may want to consult with the county clerk to see if they can provide you some direction or an example informal discovery request.

    Again, speaking for California and my interpretation of PC 1054.1, the police can ignore it because they really don't have to respond to it if they don't want to. What's ironic is that you have a better chance of the police agency responding than the DA.

    In California, you have a right to a speedy trial within 45 days of arraignment. With regards to a motion, if the judge orders the DA to respond to your discovery request, the order is for the DA, not the police agency. Also, depending on the date you scheduled your hearing and how many days you have left for your speedy trial, I would remind the judge that the DA has 20 days to respond to the judge's order for discovery and that could conflict with your right to a speedy trial. The judge may suggest you take a continuance (waive your right to a speedy trial). At that point, you could request the case be dismissed because you're being asked to choose between your right to discovery or your right to a speedy trial (when you're entitled to both).

  2. #2
    Join Date
    Nov 2007

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Quote Quoting seniorjudge
    View Post
    Appealing a case due to lack of evidence generally does not work.

    But nobody here can tell you what an appeals judge will do.

    So try it.
    What if you were denied your right to an attorney...on the date of the trial?

    The attorney had not been present and the Judge denied a request for continuance, because it was not properly requested two days prior to the court date.

    How would this be notated and brought to forefront in an appeal?

  3. #3
    Join Date
    Mar 2005

    Default Re: 4 errors on ticket (including wrong date and license plate number) enough to appe

    Why wasn't your lawyer present?

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