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91 in a 65.

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ccharless

Junior Member
State - CA

First of all..let me introduce myself as 17 years old and I have had my license for 8 months. I had a passenger who was 16 years old. I take full responsibility for going 91 so no one please respond saying that wa stupid. Of course it was. I wasn't doing it for NO reason at all..my friend who was a passenger had her car somewhere else at the time and somebody notified her via cell phone that her car was going to get ticketed and possibly towed..hence the big rush. (Weather was clear, highway was visibly clear)

It was about 12:30 AM when I was clocked going 91 in a 55 (highway). I got pulled over and I tried to be courteous and as nice as possible. He noticed this and even told me so he reduced it from a misdemeanor to just an infraction by changing it to 91 in a 65. It is no longer reckless driving and I was not arrested.

Ticket cotains:

Line 1. VC 22349(A) MAX SPEED (infraction)
Line 2. VC 12814.6(B)(2) (infraction)
Line 3. Restriction

I've done some research and I understand that if I receive 2 points within 12 months, then my license can be provoked and suspended. Since this is only an infraction for max speed I believe I am only getting one point but I want to either complete traffic school or hire a lawyer to get fines and/or the point completely gone. What are my options? Thanks..

C.
 
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CdwJava

Senior Member
You are not likely eligible for traffic school. The general rule is that anything 25 MPH or over will disqualify you. This does not seem to be a universal practice, however, so you may get lucky.

Hiring a lawyer will be nice ... but, you still need a defense. What is your defense? You admit to going 91 in a 65 ... ouch! And, you had a passenger under 20 years old after midnight.

It might not hurt to consult an attorney, but unless he is well connected, he isn't likely to get the charges dropped. But, you never know.

- Carl
 

ccharless

Junior Member
CdwJava said:
You are not likely eligible for traffic school. The general rule is that anything 25 MPH or over will disqualify you. This does not seem to be a universal practice, however, so you may get lucky.

Hiring a lawyer will be nice ... but, you still need a defense. What is your defense? You admit to going 91 in a 65 ... ouch! And, you had a passenger under 20 years old after midnight.

It might not hurt to consult an attorney, but unless he is well connected, he isn't likely to get the charges dropped. But, you never know.

- Carl
The officer did want to help me out so he reduced it and he personally told me that I should be eligible to sign-up for traffic school. He even gave me a paper "Use the Court's online traffic system...blah blah".

How far do you think I can get this thing reduced? I'm willing to pay big for a lawyer cause I have the funds..and how should I go about this? Step by step.
 
ccharless said:
State - CA

First of all..let me introduce myself as 17 years old and I have had my license for 8 months. I had a passenger who was 16 years old. I take full responsibility for going 91 so no one please respond saying that wa stupid. Of course it was. I wasn't doing it for NO reason at all..my friend who was a passenger had her car somewhere else at the time and somebody notified her via cell phone that her car was going to get ticketed and possibly towed..hence the big rush. (Weather was clear, highway was visibly clear)

It was about 12:30 AM when I was clocked going 91 in a 55 (highway). I got pulled over and I tried to be courteous and as nice as possible. He noticed this and even told me so he reduced it from a misdemeanor to just an infraction by changing it to 91 in a 65. It is no longer reckless driving and I was not arrested.



Ticket cotains:

Line 1. VC 22349(A) MAX SPEED (infraction)
Line 2. VC 12814.6(B)(2) (infraction)
Line 3. Restriction

I've done some research and I understand that if I receive 2 points within 12 months, then my license can be provoked and suspended. Since this is only an infraction for max speed I believe I am only getting one point but I want to either complete traffic school or hire a lawyer to get fines and/or the point completely gone. What are my options? Thanks..

C.
Your wrong.. A ticket is a ticket.

Your liscense will be suspended. An infraction is a ticket. And a ticket brings points.

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.

b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey. For purposes of this subdivision, the following
apply:
(1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the
number of through lanes.
(c) It is the intent of the Legislature that there be reasonable
signing on affected two-lane, undivided highways described in
subdivision (b) in continuing the 55 miles-per-hour speed limit,
including placing signs at county boundaries to the extent possible,
and at other appropriate locations.

12814.6
B) Satisfactory completion of an integrated driver education and
training program that is approved by the department and conducted by
a driving instructor licensed under Chapter 1 (commencing with
Section 11100) of Division 5. The program shall utilize segmented
modules, whereby a portion of the educational instruction is provided
by, and then reinforced through, specific behind-the-wheel training
before moving to the next phase of driver education and training.
The program shall contain a minimum of 30 hours of classroom
instruction and six hours of behind-the-wheel training.

Which in hence there going to suspend your right to drive.
I dont think your going to get it reduced.
Your a 17 year old driver.
There going to make an example of you. More accidents are caused by new drivers than any other.
And speed is the issue..
Also which is it. 91 in a 55. Or 91 in a 65. You have 2 diffrent speeds in your post?
 
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justalayman

Senior Member
CdwJava said:
It might not hurt to consult an attorney, but unless he is well connected, he isn't likely to get the charges dropped. But, you never know.

- Carl
Carl...shame on you. Are you inferring that the justice system is susceptable to (improper) influence and it's who you know rather than what is right?

It's a shame but I think you have something there.
 

Pugilist

Member
Shawnintennessee paints your situation very grave. However, Shawn paints EVERYTHING very grave. Have a look at his/her previous posts, elsewhere on this site.

The answer to your (the OP's) question is very simple. You said money is not a problem, so you should hire a lawyer. Just don't hire the first one you talk to. Talk to at least 3, then sleep on it overnight before doing anything.

Pug
 
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Pugilist said:
Shawnintennessee paints your situation very grave. However, Shawn paints EVERYTHING very grave. Have a look at his/her previous posts, elsewhere on this site.

The answer to your (the OP's) question is very simple. You said money is not a problem, so you should hire a lawyer. Just don't hire the first one you talk to. Talk to at least 3, then sleep on it overnight before doing anything.

Pug
Whatever...
I gave him what the law says. They have him on camera and probably on laser doing 91 in whatever speed zone he was in.
 

CdwJava

Senior Member
justalayman said:
Carl...shame on you. Are you inferring that the justice system is susceptable to (improper) influence and it's who you know rather than what is right?

It's a shame but I think you have something there.
A local attorney will know how to navigate the system. As with every aspect of life, personal connections can help. I personally doubt that he will be able to get it reduced, but if presented properly he might.

A good student, no record, good grades, community leader, honor roll, etc. can all go to possibly convince a prosecutor or a judge that he should be given a break. An attorney who works within the local traffic court system will likely know how this is done. And IF it can be done at all.

Everyone conducts business based upon personal relationships. Criminal justice is no different than business or politics. Those relationships build credibility (or animosity), and they influence decision-making. I might be more inclined to cut someone I know a warning when they roll through a stop sign than someone I don't know ... it's the nature of the beast. But if it is someone I know, I may also know that they are NOT reckless and that the act is an anomaly and not a regular part of their driving.

- Carl
 

CdwJava

Senior Member
ccharless said:
The officer did want to help me out so he reduced it and he personally told me that I should be eligible to sign-up for traffic school. He even gave me a paper "Use the Court's online traffic system...blah blah".

How far do you think I can get this thing reduced? I'm willing to pay big for a lawyer cause I have the funds..and how should I go about this? Step by step.
How do you have money? Most 17-year-olds barely have jobs! And if you are thinking of mom and dad, how much money are they willing to throw at this. You are probably talking about a minimum of $500 for a "traffic clinic" defense ... i.e. an attorney that simply appears and handles it for you at the most rudimentary level. If you want a spirited and talented defense, you can expect to pay AT least $2,000 or more depending on how hard you want to fight it.

My son would be sucking it up and without a car for a very long time.

An attorney MIGHT be able to help. Consult a few and see what they have to say. And keep in mind that they are almost all going to tell you (well, tell your parents as your parents will have to hire them) they CAN do something for you.

- Carl
 

ccharless

Junior Member
OK. Everybody can stop attacking me. I will list out a few details nothing more:

-I do NOT live with my parents.
-The money is NOT coming from them, THEY ARE NOT LIVING ANYMORE.
-Money is NOT an issue.

For the guy who said I have 2 different speeds in my post..please re-read.

What are those lawyers that you pay if they only win the case or reduce charges to what you want before they get paid?

I have few last questions..

Will VC 12814.6 (B)(2) put a point on my record? That is an infraction for transporting a 20 year old or under with me after 12 A.M.
 

CdwJava

Senior Member
ccharless said:
What are those lawyers that you pay if they only win the case or reduce charges to what you want before they get paid?
Poor.

Most attorneys worth their salt will not give you a "pay if we win" option. And I doubt one would take this case if they had to win to get your money.


Will VC 12814.6 (B)(2) put a point on my record? That is an infraction for transporting a 20 year old or under with me after 12 A.M.
Yes. Pursuant to CVC 12810 you will receive a point on your license for that offense. The speed along with the 12814 violation will give you two points.

- Carl
 

ccharless

Junior Member
CdwJava said:
Poor.

Most attorneys worth their salt will not give you a "pay if we win" option. And I doubt one would take this case if they had to win to get your money.



Yes. Pursuant to CVC 12810 you will receive a point on your license for that offense. The speed along with the 12814 violation will give you two points.

- Carl
So if I'm not able to reduce everything to 1 point my license will be suspended for 30 days...wonder if that started now or will start after the ruling. Everything's so vague and hard to interpret. Anyways..I'm hoping to take traffic school to drop the point so my license will no longer be suspended. Reducing the speeding charge will STILL leave a point on my record, won't it?
 

CdwJava

Senior Member
ccharless said:
CdwJava,

Are you sure about the 12814.6 VC giving me a point? It isn't listed anywhere but at the top where it states that if I receive 2 points, my license will be restricted for 30 days.
You are correct ... I read the section 12810(i)(2) incorrectly ... the word "NOT" that followed "shall" was set apart in my display so I missed it.

And even reducing the speeding charge will leave a point on your record. Unless it is dropped entirely, you face that point.

- Carl
 
CdwJava said:
You are correct ... I read the section 12810(i)(2) incorrectly ... the word "NOT" that followed "shall" was set apart in my display so I missed it.

And even reducing the speeding charge will leave a point on your record. Unless it is dropped entirely, you face that point.

- Carl
Let's not mention the fact that he was doing almost double the speed limit.
Especially in a state where it says nothing over 65 miles an hour.

I doubt it's going to be 2 points. Probably looking closer at 4 to 6.
Most states have in place a certain amount of points by how fast over the speed limit you were going.
 
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