+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 30
  1. #1
    CrystalSmith is offline Junior Member
    Join Date
    Dec 2011
    Posts
    1

    Speeding Ticket after Accident?

    California,


    About a month ago I rear ended someone. I was at fault. The police officer said that it looked as though I was going 30MPH based on the damage, but my car is made of carbon fiber which means it crumbles easier than other cars. The police officer said at the scene “that’s ok that you were going 30, it’s still below the speed limit.” There was no ticket given on the spot. However, then I was mailed a ticket for excessive speed at 30MPH in a 40MPH zone. Again, this is from the police officer eyeing the damage without using radar. The weather conditions were normal, no rain or anything. On the bottom of the ticket where it says “Safe Speed” it has a zero with a slash through it.
    The ticket is for $530. I don’t understand how they can ticket me for this when they didn’t radar me and only going by what my car looks like. Plus he said it was fine at the scene. Is it worth talking to the police officer directly before hand? What other ideas do you have to help beat this ticket?
  2. #2
    HighwayMan is offline Senior Member
    Join Date
    Aug 2009
    Location
    The Galaxy at Large
    Posts
    5,726
    What is the specific offense you are charged with?
  3. #3
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by CrystalSmith View Post
    About a month ago I rear ended someone. I was at fault. The police officer said that it looked as though I was going 30MPH based on the damage, but my car is made of carbon fiber which means it crumbles easier than other cars. The police officer said at the scene “that’s ok that you were going 30, it’s still below the speed limit.” There was no ticket given on the spot. However, then I was mailed a ticket for excessive speed at 30MPH in a 40MPH zone. Again, this is from the police officer eyeing the damage without using radar. The weather conditions were normal, no rain or anything. On the bottom of the ticket where it says “Safe Speed” it has a zero with a slash through it.
    The ticket is for $530. I don’t understand how they can ticket me for this when they didn’t radar me and only going by what my car looks like. Plus he said it was fine at the scene. Is it worth talking to the police officer directly before hand? What other ideas do you have to help beat this ticket?
    I suspect you were cited for traveling at an unsafe speed for conditions per CVC 22350. That does not mean that you were speeding, but given the fact that you had a vehicle in front of you that you ran into, a "safe speed" to avoid the collision would have been zero.

    Perhaps if you can explain some details of the collision, I can give you some better explanation as to why the unsafe speed cite was issued.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,993
    Quote Originally Posted by RGuilany View Post
    Sounds like you were driving at a safe speed (or the cop cannot prove you were not). The officer was not there when the accident occurred I assume. So how can he testify to an appropriate speed?
    If traffic was stopped and OP rear ended someone, than the appropriate speed would be....ZERO.

    And he writes zero .... classic.
    Also happens to be your IQ. Classic.
  5. #5
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by RGuilany View Post
    Sounds like you were driving at a safe speed (or the cop cannot prove you were not). The officer was not there when the accident occurred I assume. So how can he testify to an appropriate speed?

    And he writes zero .... classic.
    That's how it is done in collision investigations. I cannot speak as to whether or not the officer had the knowledge or expertise to make an actual speed estimate, but, when a moving vehicle strikes a stopped vehicle, the usual section cited will be 22350 (unsafe speed for conditions). After all, what is a safe speed when approaching a stopped object? How about, zero MPH?

    Do not give police evidence when you know you are at fault. Just shrug your shoulders at any question he asks. You don't have to tell your side of the story to the cop .. save it for the judge.
    Since most collisions are largely civil matters, not making a statement will often result in the insurance company ruling against you. If you don't make a statement, no problem for the officer, the scene will usually tell the tale without your statement. And the insurance companies will almost certainly side against you and that can be a LOT more costly than the fines and fees associated with a citation.

    According to the cop, every accident is caused by driving to fast.
    Where did the OP say the officer said that?

    While nobody moving would reduce accidents, that's not the purpose of the statue.
    The purpose of the statute is to try and encourage the safe operation of motor vehicles on the roadway. An unsafe speed can be speeding, but it can also be traveling at a speed unsafe for conditions.

    If 22350 was cited, then it is almost certain that the vehicle that was struck was stopped. But, more details from the OP would certainly help in the evaluation.

    (As a note, I am a collision investigator and have been for many years.)
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,515
    Do you have a statute for following too closely? If so is a violation a higher or lower penalty than what OP was actually charged with?
  7. #7
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by ecmst12 View Post
    Do you have a statute for following too closely? If so is a violation a higher or lower penalty than what OP was actually charged with?
    Yes we do, and the fines/fees should be the same.

    Following too closely is CVC 21703 and is generally applied if the vehicle struck by a following vehicle was in motion rather than stopped.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by RGuilany View Post
    Speed is irrelevant ... velocity is the question.
    Not as it pertains to fault and the code section applied to fault. The violation is for "unsafe speed" not for "unsafe velocity."
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,993
    Quote Originally Posted by RGuilany View Post
    Where do you see traffic was stopped? Your making things up...just like the cop.
    Here's a hint for you Corky: OP rear ended the vehicle in front of her. However fast OP was driving....it was excessive even if under the speed limit.
  10. #10
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by RGuilany View Post
    And the difference between these two isss?
    You're the one that brought it up, you tell me?

    But, more to the point, 22350 does not mention "velocity," it entails "speed."

    22350. No person shall drive a vehicle upon a highway at a speed
    greater than is reasonable or prudent having due regard for weather,
    visibility, the traffic on, and the surface and width of, the
    highway, and in no event at a speed which endangers the safety of
    persons or property.


    I strongly suspect this is the offense charged. And, to avoid impact with a stationary object, the safe speed would be zero MPH.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,121
    My brother once received a ticket for the same thing and he was going less than 5 mph. Sliding into the side of a sheriff's car didn't help either. It was rather icy too.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  12. #12
    Alex1176 is offline Member
    Join Date
    Jul 2010
    Posts
    283
    Quote Originally Posted by racer72 View Post
    My brother once received a ticket for the same thing and he was going less than 5 mph. Sliding into the side of a sheriff's car didn't help either. It was rather icy too.
    On the other hand, I was able to dismiss a ticket in court for driving 45 in a 35 zone, because of "safe driving for the road conditions" and no endangering of any body. So it works both ways.
  13. #13
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,515
    But I bet you didn't HIT anyone.
  14. #14
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,993
    Quote Originally Posted by ecmst12 View Post
    But I bet you didn't HIT anyone.
    And depending on the state, that defense might not be valid for driving faster than the posted speed limit.
  15. #15
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,459
    Quote Originally Posted by RGuilany View Post
    This would not be correct. I could be moving away from the stationary object .. and I would avoid an impact.

    I wish I could lose all my knowledge that I have accumulated. Then I could be a cop.
    <Sigh>

    Yeah ... okay. Of course had that been the case, there would have been no collision. Just for you, let me re-phrase: the MINIMUM safe speed should be zero.

    None of which changes the issue at hand: Yes, a citation is commonly issued after a collision investigation by an officer specifically trained to do so as required under the CA Vehicle Code. Yes, CVC 22350 for unsafe speed is the most common violation cited for collisions when a moving vehicle struck a stationary object or vehicle. And, the incident can result in two points on one's license: One point for being assigned the primary collision factor and a second point for a conviction on 22350.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

Similar Threads

  1. Accident w/careless driving ticket and speeding ticket within 2 weeks. Please help!
    By bvinole in forum Speeding and Other Moving Violations
    Replies: 2
    Last Post: 04-11-2008, 08:55 AM
  2. Issued speeding ticket in accident.
    By JMark1 in forum Auto Accidents and Vehicle Claims
    Replies: 17
    Last Post: 10-10-2006, 08:39 PM
  3. Speeding Ticket and Accident Provisional IN CALI, HELP please
    By mrpapagorgeio in forum Speeding and Other Moving Violations
    Replies: 1
    Last Post: 05-24-2005, 07:55 AM
  4. Speeding ticket after an accident.
    By kul4na2 in forum Speeding and Other Moving Violations
    Replies: 3
    Last Post: 03-05-2003, 10:08 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.