22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.
22348(c). A vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if a lane has not been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the driver
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, a vehicle may also be
driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route.
I wouldn't say they "never" enforce it, because I've seen it enforced down on I-15 where you were, as well as on I-5 where I have worked for 17 years.
This 55 law is so silly....every semi truck in the state moves along at 60-65 and they never enforce it unless they get the whim.
Because the fine plus fees is apparently only $533.
I get the bill in the mail today, $533. Stunning, incredible, theft. Why not make it $1000? $2000? More?
You can go to trial and hope the officer doesn't show up, or, hope you can convince a judge that you were in a proper lane and not intent on violating 22348(c). You can always pay the fines and fees and attend traffic school to help mitigate some of the damage. You can also go to trial and hope that once you take the stand the judge will still permit traffic school afterwards, but that's the judge's call. Usually it is available before trial (if you are otherwise eligible) but not always available after trial.
So anyway, I would like advice on what the best course of action may be for this one. I have a clean record (can do traffic school). I do have another petty offense on my insurance record from 2 yrs ago, but I would like to keep that clean as well.
You can first try the TBWD and if that fails, THEN go for the court trial.
Sure. It might be convincing ... it might not. It also will depend on what the officer has to say.
So anyway, I was planning on doing WTBD first with google earth images to show proximity to the scales (trying to prove that semi trucks are not moving at their max speed at the point where I saw the CHP). Also going to include witness statement.
If you think it is a "joke", then why do it?
Will a witness statement do anything for WTBD? I think WTBD is a joke in the first place, but seems like an easy enough place to start...
But, yes, a witness statement likely cannot hurt ... unless he dimes you off and essentially shows you are guilty.
In this case you have to overcome the fact that you were in the wrong lane in addition to the speed issue. Even if you beat the speed, you still have the lane issue to address. It is possible, but it will have to be carefully addressed.
Legally? No. Though, I am not sure how often traffic school is granted after a failed TBWD.
Will WTBD revoke my traffic school privs in the event I lose?
Here;s a site for more info plus a link to forms:
All I need to do for WTBD is to fill out the form TR-205, correct?
You write it out for the JUDGE to see. If a clerk is "brain dead" then he or she is incapable of working in any capacity so no such clerk would see anything anyway.
I intend to plead guilty for the lane violation and not guilty for the speeding violation, any special tips for this in WTBD or do I just write it out clearly enough for your typical brain dead clerk to see?
If you intend to eventually go to court, you had better learn to hold back the 'tude or you will find yourself slapped for max penalties and no chance of traffic school. Attitude can make all the difference sometimes.
You can request his "log" (if there is one) via discovery prior to trial. However, you will not likely have a chance to see his written statement unless you seek THAT in discovery prior to a trial de novo if found guilty with the TBWD.
I would like to request the citing officers log and his WTBD response.
Sorry to tell ya, but those fines have not risen appreciably in a few years.
So sad that CA is trying to make up for the budget crisis by legalizing theft from our state's motorists. Time to move.
If you want to move, go ahead. Just be sure to pay your fines before you go so you can get a license in whatever new state you intend to move to.