100mph in 65mph Zone, CVC 22346(B)

[aaron]

A reference to "VC" on a California ticket is to the California Vehicle Code (CVC) - the initial C stands for California, which is self-evident from its being a California ticket.

Sometimes on multi-part forms numbers can be unclear - an eight may appear to be a six. I'm speculating, though, as I haven't seen your ticket.

[OhMy]

I do not think that pleading guilty to 100mph is wise.

You need an attorney to represent you. Whatever the cost of the attorney it is well worth it.

Good luck finding auto insurance with a conviction of 100mph on your record.

You may be walking until you are 30 years old.

GET A LAWYER.

[cdwjava]

Strange, on my ticket it clearly says VC 22346(b). Its missing the first C and it has a 6 instead of an 8 at the end. Since the fine is already $760, would it even be worth it hire an attorney for $500+?

So if i were to go to my court date alone do i actually get to speak to a judge? or just some clerk who gives me my fees and such?

Aaron had it correct.

Some people use the shorthand "CVC" for "California Vehicle Code", others use
"VC" for "Vehicle Code" ... likewise some use "CPC" for "California Penal Code" and "PC" for "Penal Code." I use CVC and PC (not CPC) out of habit, I don't have any other reason besides that.

Your first court date is the arraignment. There, you get to enter a plea and arrange a court date if you want to contest the citation. The judge at that hearing will not entertain your defense.

If the DA's office handles citations in your county, you can contact them and ask if they are willing to offer you a lesser offense of some kind.

- Carl

[EWYLTJ]

Kburn,

If your ticket clearly says 22346b, then you should go to an arraignment at your earliest convenience (before the cop realizes his mistake and ammends the ticket). At your arraignment, you should ask for a dismissal due to the obvious defect on the ticket. Since there is no section 22346 in the VC, you haven't been charged with anything.

If this doesn't work, then you should look for an attorney. Also, if it doesn't work, you have created grounds for an appeal.

Good luck. Let us know what happens.

[cdwjava]

I can't imagine that it will be filed as 22346 since the offense does not exist and the court clerks would be unable to enter it into their system. Thus, any notice the OP receives should be for 22348. If no notice is received, and the "6" is CLEARLY and without dispute a "6", then you are correct, there might be grounds to dismiss due to a defect on the charging instrument.

But, having seen this sort of error a few dozen times over the years, it will either result in a corrected notice from the court, or, the court will reject the citation, returning it to the issuing agency for amendment.

- Carl

[EWYLTJ]

Carl,

I agree with you... that's why I suggested going ASAP. It's kind of a long shot... but he will loose that if he waits.

[kburn]

Actually i took a closer look under a light and i can see where the 8 is imprinted but it didnt show up on the carbon copy. So it looks like trying to get it dismissed is out.

Just for clarification, one of my friends was appointed a public defender when he went to court for his ticket. No one has brought this up so im assuming they wont do much for me, or i wont be allowed one?

I suppose ill start looking for an attorney, because i really cant afford the $760 and insurance increase, and definitely cant have my license suspended because of school and work. If i could get a lesser charge it would help alot, would community service or traffic school/defensive driving be a possibility for a ticket like this?

Thanks to everyone for the help.

[cdwjava]

Just for clarification, one of my friends was appointed a public defender when he went to court for his ticket. No one has brought this up so im assuming they wont do much for me, or i wont be allowed one?

CA state law does not allow for public defenders for traffic cases. If your friend had one, it was probably because there was some legal aid counsel there to help advise people.

- Carl

[kburn]

CA state law does not allow for public defenders for traffic cases. If your friend had one, it was probably because there was some legal aid counsel there to help advise people.

- Carl

Oh ok, his ticket was for disturbing the peace, that makes sense.

I found an attorney who seems to have a good record and specializes in 22348's and speeding violations. Im going to call them tomorrow and see what they can do and what they charge, their evaluations are free. Thanks to everyone for the clarification, i was completely clueless on all this.

[cdwjava]

Oh ok, his ticket was for disturbing the peace, that makes sense.

I found an attorney who seems to have a good record and specializes in 22348's and speeding violations. Im going to call them tomorrow and see what they can do and what they charge, their evaluations are free. Thanks to everyone for the clarification, i was completely clueless on all this.

Let us know what their rates are. I'm curious exactly what kind of changes might have occurred for this sort of specialization.

- Carl