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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default CVC 22349 In California

    I was heading south bound 680 in Milpitas at just past midnight, March 5 at 12:20 am is the time he wrote the ticket. I had my cruise control set at 70mph, speed limit is 65. I see other cars traveling as fast as i am, some faster than me. A newer lincoln gets on the freeway traveling faster than I was when he got on the freeway so i sped up to 75, seein as how it was late, very little traffic on the road, dry whether conditions and clear visibility. My 89 camaro handles and drives beautifully as I have rebuilt the entire car, so I am not endangering anyone else or driving wrecklessly at all. So i get pulled over and the officer asks the typical question, how fast were you going? and I answered honestly and said 75-76mph as he caught me on a slight down hill part of the freeway. He then states that he had been pacing me for about a mile, and that i had supposedly passed 8 cars before he pulled me over. Had he been pacing me for a mile, he would have seen the black lincoln that got on the freeway, and entered the freeway going faster than I was. So im in no position to argue with the officer of course, and I thought that being honest with him, and pleading my case just a little in stating safe driving conditions, not endangering anyone else, etc. Well what i did was tell him NOT to write me a ticket for cvc 22350, but instead he sites me for 22349 which of course is speed over 65. How can I disprove cvc22349 with the officer pacing me? I plan to do a written trial by declaration first, but what can i say in my statement thats in my favor? Which i expect to come back that I lost, and then I will opt for a trial de nouvo and take it to court. How should I start, please help?

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: CVC 22349 In California

    Quote Quoting 02ss35th
    View Post
    Well what i did was tell him NOT to write me a ticket for cvc 22350, but instead he sites me for 22349 which of course is speed over 65. How can I disprove cvc22349 with the officer pacing me?

    Why would you expect to get a citation for 22350 in a 65 mph zone? There are 3 max speeds in CA...70, 65 and sometimes 55. It's easy mode for an officer to write a citation for a max speed violation rather than a 22350 violation...especially when you are driving in a posted max speed area...then admit to driving over the max speed when the officer asks...


    +, sometimes its easier to grab the weak prey (you, not the lincoln). Both of you are in violation.

    ++safe driving conditions are out the window when you are driving in excess of the MAX SPEED. (that is defined as the MAXIMUM SPEED which you are alowed to travel on a given roadway. Not a SAFE SPEED based on the condition and width of the road, the vehicles / pedestrians on that road, wet roads, the phase of the moon or recent Martian landings)

  3. #3
    Join Date
    Mar 2008
    Posts
    4

    Default Re: CVC 22349 In California

    Does anyone know of any good defenses for this??

  4. #4
    Join Date
    Mar 2008
    Posts
    4

    Default Re: CVC 22349 In California

    Can anyone help with this???

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: CVC 22349 In California

    Do a search for "22349" and you will find DOZENS of threads. Some actually contain some useful information.

    Barry

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