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  1. #1
    Join Date
    Dec 2009
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    1

    Default 22349(A) VC with Safe Speed Mentioned

    My question involves a speeding ticket from the State of: California.
    I recently got a citation on i-680 for going at 78 with max speed as 65. The officer has mentioned 60 as the safe speed. Does this push my violation from 0-15 to 15-25mph.
    He has cited only for 22349(a) not 22350.
    He said he paced me for a mile. My only defense is that he was tailgating me - real close (3-4 feet) before he switched on his lights to stop me. I did switch on the blinkers to get out of the way a couple of seconds before he switched on his lights ... a mile at these speeds is not much in terms of time.
    The county is not too far from where i live. Is TBD worth a try or only try to appear in court.
    He has also mentioned a safe speed of 60 as "it was raining on and off" in that area.

    Will the violation be 0-15 or 15-25 because he mentioned a safe speed. Only code cited for is 22349(a).

    He also said traffic court maybe an option ... isn't that an option for sure?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 22349(A)vc with Safe Speed Mentioned

    Quote Quoting sssp
    View Post
    My only defense is that he was tailgating me - real close (3-4 feet) before he switched on his lights to stop me.
    Even if you were to use that defense, you would be, in a round about way admitting to exceeding the maximum speed limit. So that might not accomplish the results you are hoping for.

    Quote Quoting sssp
    View Post
    a mile at these speeds is not much in terms of time.
    It takes approximately 46 seconds to travel 1 mile at 78 mph... Effectively, he only needs to pace you (as in match your speed) for a few seconds max... Just long enough to establish that he's travelling at the same speed as you, glance down at his speedometer and note the speed.

    Oh, and the fine amount should be based upon the difference between your alleged speed and the posted/Max limit. So 78mph in 65mph (13mph) which means your fine should be approximately $211 and anywhere between $260 to $280 with traffic school (assuming you are eligible and choose to take that option).

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