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  1. #1
    Join Date
    Feb 2010
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    3

    Default Notice of Correction for Speeding Ticket

    My question involves a traffic citation from the state of: CA

    Hi, I was wondering if anyone on this board could help. I came across this very cool forum searching google.

    I was cited (22349) for speeding, going 65+ in a 55 max speed zone. Upon issuing the citation the officer asked me how fast I thought I was going, I told him 65 he said I was doing at least 70 and that the speed limit was 55. He told me he'd cut me a break and cited me at 65. About 3 weeks later I received a "notice of correction & proof of service" and it adjusted my speed to "approx 75+"

    On the citation itself it says "Speed Approx:65+" and "P.F / Max Spd.: 65"

    Is there anything I can do about this? Can the officer change the citation on me? Is it because he incorrectly wrote the max spd as 65 that he's changing his story? Thank you for your help.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Notice of Correction for Speeding Ticket

    You can dispute the ticket in court or by TBD, claim to have been driving at a lower speed, and attempt to use the original ticket to buttress your case. I can't promise you what the judge will decide.

  3. #3
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Notice of Correction for Speeding Ticket

    Which 22349 subsection were you cited for? 22349(a) or 22349(b)?
    And what was the posted speed limit? 65mph or 55mph?

  4. #4
    Join Date
    Feb 2010
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    3

    Default Re: Notice of Correction for Speeding Ticket

    Thank you for your help. On my citation it says 22349(a) and the officer filled out max speed limit of 65mph. The posted speed limit is 55mph just in that area even though it is a 4 lane highway and only for about a 10 mile stretch.

    I believe the officer cited me incorrectly and therefore issued me a notice of correction. Even on the citation itself it says my speed was 65 and the posted speed limit was 65 hence they couldn't issue me a ticket amount. What pisses me off is he cited me at 65+, told me to my face I was going 70+ then amended it to 75+.

    Can the CHP officer write 65+ and get away with claiming any speed he wants? 65+ could mean 66 or it could mean 100. Thank you for your help.

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Notice of Correction for Speeding Ticket

    Quote Quoting jluhiex
    View Post
    65+ could mean 66 or it could mean 100.
    And according to the California Vehicle Code, 66 in 65 or 100 in 65 is in violation of 22349(a):

    22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.


    Furthermore, the officer can correct any of the information on the citation by sending you a certificate of correction and filing the same with the court.

    The question is, why did he initially cite you for 65+ then decided to change that to 75+? Only he can answer that...

    Your first step should be to serve/file an "informal discovery request", get a copy of the officer's notes (usually on the back of his copy of the citation) and see what he has written in there. Then you can request a "Trial By Written Declaration" and argue your points in there. If you should still lose that, you can request a copy of his declaration to get an idea on how he will testify in court at a new trial (Trial De Novo) if you choose to pursue the matter further.

    Facts you should keep in mind:
    • It is possible and allowable for him to cite you for exceeding the 65mph statutory limit in spite of the fact that you were in a 55 mph zone.
    • As long as he can articulate that you were in excess of the MAXIMUM limit with which he has charged you (in this case, the 65mph limit), then he has met the burden required to prove his case.
    • He could have easily cited you for 22349(b) "driving in excess of 55mph on a 2 lane Hwy"... However, and since this was a 4 lane Hwy, he may have had a difficult time in proving that the 55mph limit was in fact justified. So he cited you with 22349(a) which, again, is an allowable and valid charge under the circumstances you described.

  6. #6
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Notice of Correction for Speeding Ticket

    I am going to request a trial by written declaration. I know it says to submit the bail amount but when I try to locate my citation it does not exist in their database. I called the court and they can locate the citation but don't know the bail amount. I don't want to wait until the very last moment. Should I just mail a TBD without the bail amount?

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Notice of Correction for Speeding Ticket

    Quote Quoting jluhiex
    View Post
    I am going to request a trial by written declaration. I know it says to submit the bail amount but when I try to locate my citation it does not exist in their database. I called the court and they can locate the citation but don't know the bail amount. I don't want to wait until the very last moment. Should I just mail a TBD without the bail amount?
    Call the court and ask them what you should do! Get the name of the person you spoke to...

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