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  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Default 23 Over Limit in California

    My question involves a reckless driving ticket from the State of: California

    Hi all,

    I was coming home early this morning via a very untraveled back road two lane road which I saw 2 cars on the entire 3 hour trip....one of them happened to be a cop.

    He got me at 78 in a 55. He turned around and pulled me over, I couldnt believe a CHP was so far out there.

    The particular stretch he got me at was OPTIMAL driving terrain: Flat, Straight and smooth pavement for a ten mile stretch and he got me somewhere in the middle of that stretch.

    The posted limit is 55 which I find to be underrated, due to the safe characteristics of the terrain I mentioned.

    There is all of my excuses, and why I felt it relatively safe to be driving as I was.

    Now, my question is:

    Do I have a chance of getting this reduced to a speeding ticket that I can go to traffic school and clear my record, as it stands it is marked non correctable.
    He listed the speeding code as 22349 b
    I dont have insurance on the truck I was driving, but I do on my two cars, I was borrowing the truck for the trip and it is not registered to me. He marked under evidence of finnancial responsibilty: NONE now does this mean I get more fines for not driving with that truck insured?

    And one last question:
    He wrote the ticket it out to Mark Jeffrey which is my first and middle name. He did not write my last name. Can a judge throw the ticket out due to this? That would be fantastic, I feel a big screw coming on If I have this 2+? point charge stick.

    Thanks to anyone who reads, I am pretty frustrated that I got such a slap for what I feel to be relatively safe.

  2. #2
    Join Date
    Jul 2009
    Posts
    4

    Default Re: 23 Over Limit in California

    I insured the truck today in my name under my policy from may to november, will this clear me with the field for evidence of financial responsibilty being checked NONE?

    thanks

  3. #3
    Join Date
    Jul 2009
    Posts
    4

    Default Re: 23 Over Limit in California

    thanks for all the helpful answers... if anyone is interested in a forum similar to this that actually answers posts, here is the link...

  4. #4
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: 23 Over Limit in California

    So I assume you were charged with 23103(a) VC?

    What did the officer say was reckless about it?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 23 Over Limit in California

    Quote Quoting neondiary
    View Post
    Do I have a chance of getting this reduced to a speeding ticket that I can go to traffic school and clear my record, as it stands it is marked non correctable.
    He listed the speeding code as 22349 b
    22349(b) IS a speeding ticket.

    22349(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.

    And you you should be eligible for standard traffic school if you have not taken it in the last 18 months.

    That violation is not "correctable" because it is not an equipment or registration violation.

    I dont have insurance on the truck I was driving, but I do on my two cars, I was borrowing the truck for the trip and it is not registered to me. He marked under evidence of financial responsibility: NONE now does this mean I get more fines for not driving with that truck insured?
    Were you cited for CVC 16028(a) also? if not, then don't worry about it.

    And one last question:
    He wrote the ticket it out to Mark Jeffrey which is my first and middle name. He did not write my last name. Can a judge throw the ticket out due to this?
    A judge can throw out a ticket because he doesn't like the color of the ink ... what he CAN do and what he WILL do are two different issues. Provided that the license number is correct and the rest of the identifying information is not in dispute, this error is not likely to result in a court dismissal. It could, but it is not likely to.

    Thanks to anyone who reads, I am pretty frustrated that I got such a slap for what I feel to be relatively safe.
    What you "feel" is not relevant. Remember to heed the posted speed limit and this will not be a problem.


    - Carl

  6. #6
    Join Date
    Jul 2009
    Posts
    4

    Default Re: 23 Over Limit in California

    Thanks all for the replys. I stand corrected.

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