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  1. #1
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    Default California VC 22348 (B) - Speeding Above 100mph

    My question involves a speeding ticket from the State of: California.

    Hello Ladies and Gentlemen,
    First of all, I'd like to say that although I'm brand new to this forum, I have been a valueable member in other online communities in times past so although I haven't been able to bring anything to to the table at this forum, I'm hoping that my good karma from other contributions will yield me some results here .
    Having browsed ExpertLaw for a while before I decided to post my question here, I realized it is filled with a high ratio of knowledgeable members, and I would like to let everyone know that I'm here to hopefully receive some advice on how to handle my court case and evolve this thread into a well for other souls searching for answers instead of a flame fest that I have seen all too often. I have always taken responsibility for my foolish actions and I'm against flame debates on weather speeding is ok or weather I'm at fault or not. Speeding is never acceptable. It has and continues to cost lives everywhere. It is only human nature to make mistakes though and I know most here recognize that so wheater I get convicted or not I'm hoping this thread will be filled with positive knowledge.

    My case...:
    I was stopped and received a ticket for the violation stated in the title in early March of 2009 on Highway 152 in Merced County, CA on a semi-busy Sunday morning ~7am. I was just coming to the end of a tedious downhill stretch following another vehicle going to the same destination as I was at the time. I'd also like to mention that i live in San Jose approx 2 hours away.

    The problem...:
    I didn't receive a courtesy notice. Knowing I should call the court to confirm the court date on my original ticket, I called the number listed on the ticket but was continuously unable to get a hold of anyone on the phone as after a few rings it would switch to a computer generated message with no voice mail suggesting that all employees are busy and I should try again. I kept doing so for quite a bit with no success. Luckily (I use this term lightly as you will soon see why) I was able to get a hold of someone the next day after a continuous 100+ call session. The employee informed me that she couldn't find my name or driver's license/license plate in the system (this was ~1 week from the scheduled court date) and that I should wait for a letter because their system was backtracked. Wrongly, I made myself believe that unless I get a letter I'm just about in the clear.
    Fast forward to this year, early March 2010 (~12 months after I received the citation), to my shock and awe I do receive a letter saying that I am required to appear in court for my violation (no Failure to Appear/Penalty/Warrant) and that the court is levying a $1750 penalty against me (which includes court fees, but no civil penalty and is VERY close to the absolute maximum for this violation). A little confused about the monstrosity of that number, I decide to go through another 3 hour redialing session to talk to another respresentative who told me that my only option to avoid a warrant was to appear in court and talk to a judge within a week (walk-in). She also explained to me that due to budget cuts their outdated software wasn't processing tickets correctly and that just recently a new system caught up with their missed tickets.
    So, I went to court, during which I entered a not-guilty plea and requested a trial by written decleration, after the judge let me know that he cannot lower my fine. I figured that I might as well get a shot at representing myself considering that my fine is pretty much at maximum as is.
    Which brings me here (I have my paperwork in hand) and my questions are:
    - I already received by paperwork, what are my defense options that don't include a lawyer?
    - What kind of motions etc. can I set in action to help my case?
    - Should I research anymore paperwork related to my case that can help me?
    - Other passangers in the car as witnesses?
    - Any other options?
    I have never been through a court case that took this long to even get rolling so I am assuming I have an advantage but I might be way off the mark and that why I'm hoping experts here could give me a clue on how best to help myself.
    Again, I thank everybody in advance and I hope I didn't wind out my case too much. I really wanted to make sure I got as many details in as I could to make it easiest to understand my case.
    If you have any other questions or need any more info I can provide to you, please ask and I will provide everything that I can.
    --Marko

  2. #2
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    So you typed ALL that and yet you left out the pertinent details that are needed to help you put together a defense, assuming one is available.

    We need to know the speed you were cited for, the posted limit, the method used by the officer to measure your speed... Most of that information is on your citation. If you no longer have that, you should request a copy from the court. You should also tell us the date you were cited, when your initial court appearance was scheduled for, when did you appear in court and last but least, when is your next court appearance scheduled for?

    Also, besides the 22348(b), were you cited for anything else? That may help explain the higher than usual ($826 for a 22348(b)) fine...

    Also, since you have been browsing these forums for a while, you should have an idea on how to request "discovery"... Assuming you have the time to do that before your next appearance, you need to do that and when you receive the items in your request, post the info in this thread so we can review it and go from there.

  3. #3
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    Thanks for the reply That Guy. I'm sorry I left out that important details. I actually had to retype my whole post as my computer rebooted on me during my first attempt. In frustration I must've left out all that data. I apologize.

    The posted speed limit was 65MPH, and my speed was literally just a tad over 100MPH. The ticket cites that the officer used Radar to identify my speed, and I'm not sure if he said he paced me (I don't remember). I was also not cited for anything else.

    I am willing to provide all the other information (dates etc.) but I'm not sure how it pertains to my defense. In all honesty it just feels a little too personal and I just wanna make sure of following the forum rules of not identifying myself.

    Since I received my Trial by Written Deceleration paper work in the mail it has been a week and I have another 5 days from today to have it post marked and sent back. I'm actually not quite sure how to request "discovery"/what exactly to request. I browsed the forums only broadly today as I just recently had the idea to look for help online after my local attempts failed but I'm willing to research it ASAP.

    Does requesting discovery give me additional time to send back my paper work?

    Thanks again!

    P.S.:

    I just did some quick research on the Discovery process.

    Found a template document on helpigotaticket.com, although I have read on this forum that it might not be the best form to follow. Do you have any more opinions on it?

    The form requests the following:

     A list of all witnesses for the prosecution.
     A copy of all records regarding the maintenance and calibration of the <radar/laser> unit used in this case;
     A copy of each and every certification issued to Officer <Officer’s name> involving the use of said <radar/laser> unit.
     A copy of all of Officer <Officer’s name>’s notes on this case including copies of the front and back of the officer’s copy of the ticket.
    It seems to me that there's no way I would receive a response to such a request in 1 month let alone 5 days. Do you have any advice on how to extend my deadline for Trial by Written Declaration? Go to court in person? Phone call?

    Thank You.

  4. #4
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    Quote Quoting marko3xl3
    View Post
    Thanks for the reply That Guy. I'm sorry I left out that important details. I actually had to retype my whole post as my computer rebooted on me during my first attempt. In frustration I must've left out all that data. I apologize.
    No apology needed.

    Quote Quoting marko3xl3
    View Post
    The posted speed limit was 65MPH, and my speed was literally just a tad over 100MPH. The ticket cites that the officer used Radar to identify my speed, and I'm not sure if he said he paced me (I don't remember). I was also not cited for anything else.
    "A tad over a hundred" could mean 101 but it could also mean 115... or higher. The point of my question was to establish whether the number of miles in excess of 100 could be within the margin of error of a RADAR gun's reading. From there you could argue that the accuracy of the speed estimate falls within the margin of error and therefore a finding of guilt of driving in excess of 100mph (as you were charged pursuant to 22348(b) could not be established beyond a reasonable doubt.

    Quote Quoting marko3xl3
    View Post
    I was also not cited for anything else.
    Well, the 2010 California Infraction and Misdemeanor Schedule sets the fine amount for a violation of 22348(b) at $825. I am not sure why your letter shows a higher amount. So since you're so apprehensive about disclosing the time-line of the case I am not going to take a guess as to why the additional amounts are due. best I can tell you is to contact the court and ask them to explain where/how they arrived at the $1750 amount.
    Quote Quoting marko3xl3
    View Post
    I am willing to provide all the other information (dates etc.) but I'm not sure how it pertains to my defense. In all honesty it just feels a little too personal and I just wanna make sure of following the forum rules of not identifying myself.
    Suit yourself! The reason I asked was not an attempt to get you to disclose personal information. I know what the forum rules are and I am not here to violate them nor would I suggest that anyone else does. I am not sure how or why you would think that posting a few dates on here would jeopardize your anonymity anymore than you using Marko (which I assume is your name) as your user ID!!!

    You should also know that when it comes to defenses against a 22348(b), the scope of viable arguments is very limited. And therefore one must explore ALL available options that may give you the upper hand.

    I was merely trying to logically establish the reason for the high amount as well as look into the possibility that time restrictions that the court must follow were not violated (speedy trial matters, time limitations regarding the filing of the citation with the court...etc).

    With that being said, and now that you know why I was asking what I was asking, you're free to do your own research and try to make heads from tails out of it. You seem pretty intelligent, I am sure you can figure it out! If for some reason you can't you can contact the court for with any questions you may come across.
    Quote Quoting marko3xl3
    View Post
    Since I received my Trial by Written Deceleration paper work in the mail it has been a week and I have another 5 days from today to have it post marked and sent back. I'm actually not quite sure how to request "discovery"/what exactly to request. I browsed the forums only broadly today as I just recently had the idea to look for help online after my local attempts failed but I'm willing to research it ASAP.
    When filing a discovery request, you must wait the 15 day period allotted by law before you can motion the court for any relief in case the request is not fulfilled in a timely manner. 5 days is NOT going to do it... What you can do instead is to file your trial by declaration and if you happen to lose, you can request a copy of the officer's declaration which will provide you with his testimony as well as any evidence he used in your case (same items you could receive through discovery). You can study that information and if you choose to pursue the matter further, you can request a new trial -Trial De Novo- where you can appear in court and have a real trial, listen to the officer testify and cross examine him and/or testify yourself in an attempt to gain a dismissal of the charge. Whether that is an option for you or not (because of the distance from the court), I don't know.

    Quote Quoting marko3xl3
    View Post
    Does requesting discovery give me additional time to send back my paper work?
    You can contact the court to see if you can receive an extension to file your TBD at a later date. I highly doubt it will be granted at this juncture but you're free to ask and see what they tell you.

    Quote Quoting marko3xl3
    View Post
    I just did some quick research on the Discovery process.

    Found a template document on helpigotaticket.com, although I have read on this forum that it might not be the best form to follow. Do you have any more opinions on it?

    The form requests the following:



    It seems to me that there's no way I would receive a response to such a request in 1 month let alone 5 days. Do you have any advice on how to extend my deadline for Trial by Written Declaration? Go to court in person? Phone call?
    Highly doubtful that a discovery request will do you any good at this time. As I described above, go with your TBD and if you lose, request a copy of the officer's declaration.

  5. #5
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    Thank you for your fast response to all my questions! I especially apprciate your reasoning on why all the extra information will be able to help me. The last thing i ever meant to do was doubt your or anyone elses intentions. I just want to make sure I have my bases covered. The speed I was traveling at was 103MPH. If I'm accused of driving 101MPH+ and the margin of error is 1MPH +/-, do I have a defense here at all?

    As far as the fine is concerned, I was told that I was charged no civil assessments. I specifically asked the judge if he could reduce the fine to account for the way the court handled the case (of course, I worded it a little differently) and he said that there were no extra charges pertaining to the length of the case. The fine is compromised solely of the base fines + court fees. Am I giving the court too
    much credence in assuming they're allowed to add such a large amount in fees?

    The timeline of my case is:

    Received Citation: Early March 2009
    Original Court Date (didn't attend, read OP): Mid May 2009
    Received 'Courtesy Notice' & Attended Walk-In Arraignment: Febuary 2010
    Received TBD Paperwork: Early April 2010
    TBD Due: 4 Days from Today.


    Obviously it took longer than usual for this case to come to fruition (again see OP), but if the court says they are not penalising me for that what can I do? Should I try to contact the clerk one more time, and ask further questions?


    Having said that, I have decided through your excellent advice to skip the discovery process for my TBD due to the lack of time and save it for a Trial de novo which I do plan to go forward with if my lose my TBD.

    There's only one problem left...I just sat down to fill out TBD, and just realized that I received the officer's response paperwork. Originally I just looked at my citation (front only) as that's all I needed for my research and never realized the other pages do not pertain to my response at all. This leaves me with a lot of guessing and a few more questions:

    -Does this mean the officer never received his paperwork? Did he receive the paperwork intended for me?

    -Should I attempt to contact the clerk or should I just not submit the TBD (which I doubt is wise) or write a 'faux' TBD myself?

    -If I don't submit a response and the officer doesn't submit a response, what happens to the case?


    As always, thanks for your continued support.

  6. #6
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    Quote Quoting marko3xl3
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    The speed I was traveling at was 103MPH. If I'm accused of driving 101MPH+ and the margin of error is 1MPH +/-, do I have a defense here at all?
    Had it been 101mph, you may have had a slight chance... And although 103 is not much higher, yet I doubt it will work. Ultimately, it is up to the judge to decide. Give it a try and see what happens.

    Quote Quoting marko3xl3
    View Post
    As far as the fine is concerned, I was told that I was charged no civil assessments. I specifically asked the judge if he could reduce the fine to account for the way the court handled the case (of course, I worded it a little differently) and he said that there were no extra charges pertaining to the length of the case. The fine is compromised solely of the base fines + court fees. Am I giving the court too much credence in assuming they're allowed to add such a large amount in fees?
    I obviously have no idea what your courtesy notice shows and therefore it will be difficult for me to assess what amount was charged for what... I understand that you are a distance away from the court but they are the only ones who can give you a definitive answer as to where the $1750 comes from...

    Quote Quoting marko3xl3
    View Post
    The timeline of my case is:

    Received Citation: Early March 2009
    Original Court Date (didn't attend, read OP): Mid May 2009
    Received 'Courtesy Notice' & Attended Walk-In Arraignment: Febuary 2010
    Received TBD Paperwork: Early April 2010
    TBD Due: 4 Days from Today.
    What color paper was the courtesy notice printed on (yellow or white)? And what exactly did it say?

    Quote Quoting marko3xl3
    View Post
    There's only one problem left...I just sat down to fill out TBD, and just realized that I received the officer's response paperwork. Originally I just looked at my citation (front only) as that's all I needed for my research and never realized the other pages do not pertain to my response at all.
    You can print the TR-200 and the TR-205 forms online here: http://www.courtinfo.ca.gov/forms/ Judicial Council Forms. Simplt scroll down to “Traffic Infractions” from the drop down menu, click on the forms you need and print them out.

    Quote Quoting marko3xl3
    View Post
    -Does this mean the officer never received his paperwork? Did he receive the paperwork intended for me?
    I have no idea...

    Quote Quoting marko3xl3
    View Post
    -Should I attempt to contact the clerk or should I just not submit the TBD (which I doubt is wise)
    If you don't submit you declaration, you will more than likely lose.

    Quote Quoting marko3xl3
    View Post
    -If I don't submit a response and the officer doesn't submit a response, what happens to the case?
    If you don't submit yours you will likely lose. If you do submit yours and the officer doesn't submit his, the case should be dismissed.

  7. #7
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    Default Re: California - Vc 22348 (B) - Speeding Above 100mph

    Quote Quoting That Guy
    View Post
    I obviously have no idea what your courtesy notice shows and therefore it will be difficult for me to assess what amount was charged for what... I understand that you are a distance away from the court but they are the only ones who can give you a definitive answer as to where the $1750 comes from...
    Let me add a few more points to what I stated above...

    The 2010 Uniform Infraction/Misdemeanor Bail and penalty Schedule shows the fine amount for a 22348(b) violation to be $825 (see page 13). However you must note that (I am quoting THIS page):

    You must contact the court where a case is filed to get local bail information for that court. The judges in each county adopt a countywide bail schedule that sets bail based on the requirements that apply to that jurisdiction. Each countywide bail schedule may have bail amounts that are different from the council's bail amounts.


    So the amount in the aforementioned Bail schedule is a guideline for all courts however, each court can set its own bail amount so long as those amounts are within the statutory limits allowed by law.

    So what is the statutory limit for this violation? For a 22348(b), and pursuant to subdivision (1) of the same code, the maximum statutory fine amount for that violation is:

    22348(b) A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:
    (1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

    Note that the statute set the maximum BASE fine amount. And usually, after the addition of several penalties and assessments required by (other) laws, a $500 BASE fine amount ends up being $1965 or so.

    So the $1750 amount that you are required to pay still falls within the limits allowed by law. And unless you can somehow establish that an error was made in calculating the "fine + penalties + assessments", I highly doubt that you will be able to get it reduced, unless you get a sympathetic judge to read your TBD or hear your case at the Trial De Novo.

    Based on what you posted, it sounds to me like you argued the point regarding the fine amount and the one judge (at your arraignment) denied your request for a reduction. So it maybe that such an amount is pretty typical for that particular court.

    The questions I asked about the courtesy notice in my last post may shed a different light on this matter. So without you providing any info regarding the courtesy notice (what color paper it was printed on and what -exactly- did it say), the synopsis I offered in this post seems reasonably accurate.

  8. #8
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    Default Re: California VC 22348 (B) - Speeding Above 100mph

    Yes, your last post definitely matches up with everything I have heard from the court regarding the fine.

    The 'courtesy notice' I received this year is a printed FTA notice on white paper. BUT, the clerk specifically told me that it is not actually an FTA due to the delays they've been experiencing. It even states that it is a "Civil Assessment Notice" but yet they tell me that a civil assessment hasn't been added and the large fine has been as large as it is from the beginning.

    I'm coming to a fairly solid conclusion that my case is only formally labeled as FTA but proceeds just like a regular case and that the large fine is standard for that jurisdiction, which is completely understandable.

    Therefore my plan on action becomes:

    -Submit TBD
    -If I lose it
    -Request Trial de novo
    -Discovery etc. etc.

    Due to the fact that I did not manage to request a discovery for my TBD, do you have any suggestions on what I could/should base my TBD defense on? Are there any basic technical/factual defenses I can use just so I am not returning a blank response?

    It really sits wrong with me that a court is allowed to be as negligent as they were yet also be very strict about the fine amount. Of course if I were more careful...

    Anyway, any advise is appreciated. I have to fill these papers out tomorrow and I plan on keeping everyone here updated on how my case progresses.

  9. #9
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    Default Re: California VC 22348 (B) - Speeding Above 100mph

    Quote Quoting marko3xl3
    View Post
    Due to the fact that I did not manage to request a discovery for my TBD, do you have any suggestions on what I could/should base my TBD defense on? Are there any basic technical/factual defenses I can use just so I am not returning a blank response?
    I seriously do not see any valid defense arguments here... At least not based on what you have posted thus far. You're free to go through the process in hopes that the officer might not reply to the TBD or might not show up at the Trial De Novo... That, in my opinion though is highly unlikely. As for what to write in your TBD, and since your only purpose is to delay the inevitable, you can simply write "I stand by my plea of not guilty"... It is very unlikely that this will get you a dismissal, but it will get you to the next step at which point you can request the officer's TBD statement rather than having to go through the discovery battle with the D.A.

    Quote Quoting marko3xl3
    View Post
    It really sits wrong with me that a court is allowed to be as negligent as they were yet also be very strict about the fine amount. Of course if I were more careful...
    OK, I try to make it a habit to say it like it is... So please take the following with a grain of salt as they say...

    NOTHING that you have posted here suggests any "negligence" by the court. The first courtesy notice that you "did not receive", is a mere courtesy by the court, it is NOT a requirement. Based on what you posted here, YOU simply FAILED to appear on the first date (the date shown on your citation), YOU FAILED to contact the court for a new appearance date... At least not until you were notified (as a courtesy) that your case might go into FTA status for failing to do so within a specified period of time.

    Just because the court did not issue the FTA notice immediately after your first scheduled date does not, by any stretch of anyone's imagination, suggest negligence on the part of the court. Yes, courts across the state are backed up... The fact that you failed to appear (mid May) as you stated, would suggest that your case should have gone into FTA status by the end of May (10 days after your scheduled appearance date). Instead, you were still notified -in February- and were still given the opportunity to appear and make good on your promise without any additional fines/penalites. So the way I see it, the "delay" did in fact worked to dilute the apparent negligence on YOUR part... Did it not?

    Furthermore, and for you to be able to claim negligence by the court, you must also make the case that your rights, as a defendant, were violated, or that your ability to put together a viable defense was somehow jeopardized by the courts actions or lack thereof. Explain to me how any of that applies here?

    Quote Quoting marko3xl3
    View Post
    I plan on keeping everyone here updated on how my case progresses.
    Please do...

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    Default Re: California VC 22348 (B) - Speeding Above 100mph

    I suppose that's what'll have to do for now...just "stand by my plea".

    As far as the negligence issue is concerned...although I appreciate your cum grano salis and regard it with much respect, mainly because I believe you're correct and in fact agree with your opinion, I have to disappoint you in that we weren't thinking of the same type of negligence .

    My issue has more to do with the fact that courts are being allowed to be negligent with issues such as not answering their phone calls or court clerks not always capable of fulfilling their job description, if you know what I mean. It blows my mind that courts are capable of denying telephone contact due to "budget cuts". Or, court clerks giving information to keep offenders happy in fear of losing their jobs if offenders choose to fight back. It's a broken system. But that's a whole different subject and one that I'm not sure will apply to my case just yet. And if it does, I will be more than glad to explain that to you. I would now, but I frankly it's kind of late.

    ...and since your only purpose is to delay the inevitable...
    I'm assuming "the inevitable" here means "the judgement". I am not fighting a nolo contendere in civil court, so as far as anything is concerned I'm as innocent as a white sheep .

    Anyways thanks for the good conversation and advice. I'm assuming it will take a while for the court to send back a response, so I'll make sure to return when that happens. Otherwise, if you want to continue the conversation regarding what I said in the paragraph above, I will be more than glad to participate if it is within these forum's limits (it would get political).

    Cheers

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