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  1. #1

    Default Wrong Code on Ticket California Vc 22349(B)

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

    I was cited for going "65+" in a posted 55 mph zone on the southbound I-5, which has FOUR lanes of traffic in each direction, and is a VERY divided highway. The code violation was 22349(b), which applies to undivided, two lane highways. When I bring up this fact in court, may I expect the judge to dismiss the ticket for this reason?

    My address is also misspelled on the ticket. Can it now be thrown out for this technicality?

  2. #2
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    Default Re: Wrong Code on Ticket California Vc 22349(B)

    Quote Quoting Bullshot Crummond
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    When I bring up this fact in court, may I expect the judge to dismiss the ticket for this reason?
    Yes, you can expect the judge to dismiss for that reason. No guarantee he/she will though.

    Quote Quoting Bullshot Crummond
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    My address is also misspelled on the ticket. Can it now be thrown out for this technicality?
    Nope... That just means that you may or may not get the courtesy notice the court usually mails out when the citation is filed. So you need to be proactive in checking the status of your case.

  3. #3

    Default Re: Wrong Code on Ticket California Vc 22349(B)

    Thank you, That Guy. I assume that I bring this up in court and then move to dismiss, correct?

    There's also another issue I've discovered. As I came down the I-710 freeway and transitioned to the southbound I-5, I was picked up immediately upon entering the I-5. From the direction I was coming, there is no posted speed limit visible on the I-5 until after where the incident occurred. Can this point help my case? Everyone is going 65+ mph as I enter (on the left side of the freeway), and there's no sign saying the speed limit is 55 mph.

  4. #4
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    Default Re: Wrong Code on Ticket California Vc 22349(B)

    Quote Quoting Bullshot Crummond
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    Thank you, That Guy. I assume that I bring this up in court and then move to dismiss, correct?
    Yes... Have you been to your arraignment yet? If not, I would make that argument at the arraignment and see if the judge will dismiss right then and there. If not, then you should plead "not guilty" and then argue that point and move for a dismissal at the trial.

    Quote Quoting Bullshot Crummond
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    As I came down the I-710 freeway and transitioned to the southbound I-5, I was picked up immediately upon entering the I-5. From the direction I was coming, there is no posted speed limit visible on the I-5 until after where the incident occurred. Can this point help my case? Everyone is going 65+ mph as I enter (on the left side of the freeway), and there's no sign saying the speed limit is 55 mph.
    I'm not clear what you mean by "I was picked up immediately upon entering the I-5". To me, that might suggest that the violation MAY have occurred on the 710 Freeway rather than on I-5. So.... First and foremost, you need to ascertain what the location of the violation is. That should be marked on your citation. From there, you can then revisit that area (if possible) so as to determine what signage is or isn't posted.

    Keep in mind that the officer carries the burden of proving that the proper signage is posted... Although more often than not, his testimony that it is will suffice which will then shift the burden back to you to show that it is not.

    That is assuming that your motion to dismiss based on an inapplicable statute is denied.

  5. #5
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    Default Re: Wrong Code on Ticket California Vc 22349(B)

    Here's the Satmap of the interchange in question:http://maps.google.com/maps?f=q&sour...01929&t=h&z=16

    I'm not seeing ANY portions of the road that would be subject to VC22349(b), either. Check out this thread where someone was in a similar situation (even though the error was a little more egregious): http://www.expertlaw.com/forums/showthread.php?t=96802

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