22349(b) on a 4-lane highway?

Name of my state: California

I received a ticket for an estimated 70 on a 55 posted Freeway 17 between Saratoga and Santa Cruz.
The officer said he paced me and wrote a ticket for Infraction 22349(b) speeding.
He added a comment: verbal: 21703 following too close.
I am wondering if:
1. he can use 22349(b) because that is dedicated to 2-lane undivided highway,
while 17 is a 4-lane divided road.

2. it happened at night with not too much traffic, but occasional clumps of cars doing
less than the speed limit, because it is a curvy road. I was switching lanes a couple times to pass the other cars and the cop had the same issue - he switched his lights on while more than 1000 ft behind me, stuck behind a clump of cars. How accurate can his pacing of me be in such a situation?

3. I was trying to stay close to the speed limit (really!) as I know that stretch of road changes from 55 to 65, so I let my speed go up from near 55 to 65 but noticed a couple
hundred yards later that I was too early when I passed the 65 sign. The cop pulled me over half a mile further down the hill.

I am not sure how long the cop followed me, I think I saw from the corner of my eye that a car entered just after I passed a side-street about a mile before the speed changed from 55 to 65. I was not speeding there, I think the cop saw me change lane to pass other cars and decided to follow me.
I have a commercial drivers license so even though I was driving my own car, I can't go to traffic school.
What is the best approach for Santa Cruz?
Thanks,

How many undivided lanes were on the side of the roadway that you were traveling on (You already said "2"). Sounds to me like a valid code section to cite you for.

It was 2 lanes each way, divided.

While the 22349(b) specifically spells out an
- undivided highway
- only one lane each way, 2 lanes total.
It even explains that a third lane that is not intended as travel lane must not be counted in the 2-lanes, the law maker apparently was afraid of dismissals due to a turn-lane in between two travel lanes.
But this highway 17 is in both required characteristics different from the law, so I have the strong feeling that it does not apply - anybody have a legal opinion about this?

cvbw,
Maximum Speed Limit
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.

In Ca. a driver is entitled to Discovery.
This means that a driver can request a copy of the officer's notes, a copy of the front and back of the traffic ticket, a video or recording if one was made AND a ENGINEERING and traffic survey if made within the last 5 years which justifies the speed limit.
A form to submit Discovery request can be downloaded from the website Help! I Got A Ticket!
or can be copied from the back of a book published by NOLO which gives specific information on Ca. traffic tickets
Basically Discovery is requested in writing by the cited driver who has a friend either deliver copies of the request to the D.A. and the citing officer OR more likely have the friend mail copies certified , return receipt. The friend fills out a Proof of service which the driver keeps with his records.Although the D.A. is responsible to see that Discovery is provided the records are at the police department so it is also recommended to send a request for Discovery to both agencies.
In Ca. a driver can contest his ticket by filing a Trial by Declaration. A form giving instructions and another to file can be obtained from a court clerk, downloaded from Help! I Got A Ticket! or copied from the book mentioned previously.If the officer fails to reply, the case should be dismissed. If the judge rules against the driver he can request a new trial with a different judge if done within 20 days.
Information on contesting a speeding ticket is available by typing in on Google Speeding Ticket--Fighting or Plea Bargaining. Other sites also have info available such as Speeding FAQ etc.By Googling Speed Traps in Ca. you can see if the portion of the hiway you were on is listed.

Hey There

This one is really easy to beat. Just go to court and tell the judge you are not guilty of violating 22349(b) as you were on a 4 lane highway. You can bring a map or pictures or whatever evidence you like to support that. If the judge says he will allow the officer to ammend the charge, you should object for the record as you came to court to defend yourself against the only charge brought against you... 22349(b). You can tell the court that there are provisions for the officer to make changes to the ticket beforehand, but not at court and you know of no appellate court decision that allows a charge to be changed at trial. You'll be fine.

JIMinCA said:

If the judge says he will allow the officer to ammend the charge, you should object for the record as you came to court to defend yourself against the only charge brought against you... 22349(b). You can tell the court that there are provisions for the officer to make changes to the ticket beforehand, but not at court and you know of no appellate court decision that allows a charge to be changed at trial. You'll be fine.

Click to expand...

They may not be able to amend the charge, but there is nothing to prevent the officer from issuing a new charge. And before you try to say it, double jeopardy doesn't apply in this situation

JIMinCA said:

This one is really easy to beat. Just go to court and tell the judge you are not guilty of violating 22349(b) as you were on a 4 lane highway. You can bring a map or pictures or whatever evidence you like to support that. If the judge says he will allow the officer to ammend the charge, you should object for the record as you came to court to defend yourself against the only charge brought against you... 22349(b). You can tell the court that there are provisions for the officer to make changes to the ticket beforehand, but not at court and you know of no appellate court decision that allows a charge to be changed at trial. You'll be fine.

Click to expand...

Yes and don't tell the DAs your argument beforehand, then can make pretrial amendments.

JIMinCA said:

This one is really easy to beat. Just go to court and tell the judge you are not guilty of violating 22349(b) as you were on a 4 lane highway. You can bring a map or pictures or whatever evidence you like to support that. If the judge says he will allow the officer to ammend the charge, you should object for the record as you came to court to defend yourself against the only charge brought against you... 22349(b). You can tell the court that there are provisions for the officer to make changes to the ticket beforehand, but not at court and you know of no appellate court decision that allows a charge to be changed at trial. You'll be fine.

Click to expand...

Thanks, Jim. I am pressed for time, so I rather not spend a day in court (I am not living in Santa Cruz county, so this includes travel) which is why I consider a trial by declaration. Would that raise the chance that an amendment is made? What is your experience and suggestion for me?

cvdw

When a Trial by Declaration is submitted the officer needs to reply.
TR200 gives instructions on the site Help! I Got A Ticket! TR205 is the form a driver submits.
The forms can also be obtained from the Judicial Council Forms website OR from a court clerk.
By going to Google and Typing in Trial By Declaration you will also have a choice of 10 websites on the first page to get information from.

There is nothing on the form where the officer can amend the citation

In part VC40500(d) states (d) Once the arresting officer has prepared the written notice to appear, and has delivered a copy to the arrested person, the officer shall deliver the remaining original and all copies of the notice to appear as provided by Section 40506.

(Paragraph ommitted)
If, AFTER .an arrested person has signed and received a copy of a notice to appear, the arresting officer or other officer of the issuing agency, determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate or judge that the case be dismissed. The recommendation shall cite the reasons for the recommendation and be filed with the court.
If the magistrate or judge makes a finding that there are grounds for dismissal, the finding shall be entered on the record and the infraction or misdemeanor dismissed.
This section gives the officer the option of recommending that the case be dismissed. It doesn't say the officer MAY change the citation after filing it with the court.
Some police departments allow the citing officer to use a Notice of Correction to change one citation to another BEFORE the citation is filed with the court.On a small poll of 40 police stations there were more that DIDN,T allow this than did.
In traffic infraction cases the citing officer is a witness
The D.A. doesn't prosecute traffic infractions,
I haven't come across a Penal or Vehicle Code that assigns a police officer the same authorization imparted to the District Attorney to amend a charge.
The D.A. doesn't appear in court for traffic infraction cases.
The only concern is to present a valid reason why the ticket was issued in error not to be concerned by something you haven't been charged with.

Let us know how this works out for you.

Hey There

cvdw said:

Thanks, Jim. I am pressed for time, so I rather not spend a day in court (I am not living in Santa Cruz county, so this includes travel) which is why I consider a trial by declaration. Would that raise the chance that an amendment is made? What is your experience and suggestion for me?

Click to expand...

Heythere normally offers very good advice and I would listen to him on this one as well. Given the facts of his post, I think you are well armed to submit a trial by written declaration. Just keep in mind that there are time considerations. You can call the court and plead not guilty by phone in many cases and request your TBWD. Just keep in mind that you are going to have to pay bail upfront (i.e. the cost of the ticket.)