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Speeding 100+ And Fines?

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M

MackShock

Junior Member
What is the name of your state (only U.S. law)? California

So heres the deal: Fresno county, I-5 south, speeding at 110, pleaded guilty.

Ordered to pay a fine of $993.00. According to my insurance, my driving record has 5 points on it. I dont think going over 100mph + first time offense will give you five points.

I read this article on the DMV website for speeding over 100MPH:

Excessive Speed and Designated Lane Use

22348. (a) Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.
(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.

(2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

(c) A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.

Amended Sec. 1, Ch. 300, Stats. 2004. Effective January 1, 2005.
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http://www.dmv.ca.gov/pubs/vctop/d11/vc22348.htm


If Im reading this correctly, a first time conviction of going over 100MPH+ brings a fine of no more than $500. Right?

Or does it mean any other speeding violation? Ive never got caught going 100 before, but I got a speeding ticket for going 84 about 9 months prior.

If I am right, does anybody know what i can do to bring it to the courts attention? I honestly cannot make the payments at all. Besides, they tried to double the fine on me. What can i do? Any help is appreciated. THANKS =]
 
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C

CourtClerk

Senior Member
It's no more than $500 as a base fine. You have to add on the penalty assessments.... $993 means you got off easy. If you don't pay the fine, expect for your license to be suspended indefinitely until you do.
 
M

MackShock

Junior Member
CourtClerk said:
It's no more than $500 as a base fine. You have to add on the penalty assessments.... $993 means you got off easy. If you don't pay the fine, expect for your license to be suspended indefinitely until you do.
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What penalty assessments do these include? (Besides court fees)

And do you know how many points a guilty conviction brings? 5 seems a little ridiculous. i know i havent gotten any points on my record before this.
 
C

CourtClerk

Senior Member
MackShock said:
What penalty assessments do these include? (Besides court fees)
Click to expand...
Penalty assessments is a big fancy word for "taxes, fees and surcharges." It's how the state makes sure that certain agencies get a piece of the pie.
And do you know how many points a guilty conviction brings? 5 seems a little ridiculous. i know i havent gotten any points on my record before this.
Click to expand...
22348 to my recollection only carries 2 points. So what other tickets have you had?
 
S

StevenJ_420Law

Member
If you want to see a bail schedule, google the CA Judicial Council Bail Schedule for 2010. it will list out all your penalties and assessments you get tacked onto your base fine. As traffic offenders do not have a good lobby in Sac, everytime they want money, they tack on more assessments and fees. Its "write your congressman" stuff if you dont appreciate it :D

22348b speed >100 is a 2 point violation. So if you have 5 points you have other convictions and/or accidents on your record. You can go to DMV and get a printout and see whats on there.
 
M

MackShock

Junior Member
CourtClerk said:
Penalty assessments is a big fancy word for "taxes, fees and surcharges." It's how the state makes sure that certain agencies get a piece of the pie.

22348 to my recollection only carries 2 points. So what other tickets have you had?
Click to expand...
02/2009 - Going 84 in a 65 - level 2 traffic school, no points, but citation remains on file for three years


and 12/2008 - Driving with expired tags/no insurance - Settled by paying fines.

I dont think its that should have given me five points. My insurance literally doubled. if I had 5 points, i think it wouldve been more than that.

I seriously cannot afford the installments right now. Is there any way to talk to the court clerk (no pun intended) to get it lowered or to possibly do community service? I live in San Diego and this is Fresno County so its kind of a hassle.
 
C

CourtClerk

Senior Member
MackShock said:
02/2009 - Going 84 in a 65 - level 2 traffic school, no points, but citation remains on file for three years


and 12/2008 - Driving with expired tags/no insurance - Settled by paying fines.

I dont think its that should have given me five points. My insurance literally doubled. if I had 5 points, i think it wouldve been more than that.
Click to expand...
You need to either go to the courthouse or to the DMV and have them run your record. There are points somewhere...
I seriously cannot afford the installments right now. Is there any way to talk to the court clerk (no pun intended) to get it lowered or to possibly do community service? I live in San Diego and this is Fresno County so its kind of a hassle.
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Think of how expensive it would have been had you killed someone driving like a maniac.

Clerks have no authority to lower the fine and as I've said, if you only got hit for $993, you got off easy. Don't look a gift horse in the mouth. Sell your car to pay the fines.
 
M

MackShock

Junior Member
StevenJ_420Law said:
If you want to see a bail schedule, google the CA Judicial Council Bail Schedule for 2010. it will list out all your penalties and assessments you get tacked onto your base fine. As traffic offenders do not have a good lobby in Sac, everytime they want money, they tack on more assessments and fees. Its "write your congressman" stuff if you dont appreciate it :D

22348b speed >100 is a 2 point violation. So if you have 5 points you have other convictions and/or accidents on your record. You can go to DMV and get a printout and see whats on there.
Click to expand...
Im positive that i never had any points until this conviction. 5 is ridiculous..
 
S

StevenJ_420Law

Member
Another option is to go to court and ask if you can get into court and/or fill out a sentence modification form to see if the judge will allow community service in lieu of your fine.

They may have info on doing this on their court website, so google it and take a look under traffic section. Or go talk to the clerk at the court house.

If the judge wont do it, thats called a sentence and you are stuck...
 
M

MackShock

Junior Member
CourtClerk said:
You need to either go to the courthouse or to the DMV and have them run your record. There are points somewhere...

Think of how expensive it would have been had you killed someone driving like a maniac.

Clerks have no authority to lower the fine and as I've said, if you only got hit for $993, you got off easy. Don't look a gift horse in the mouth. Sell your car to pay the fines.
Click to expand...
Im not going to sell my car to pay the fines. But i think I will have to run my record and see what the deal is. I guess I should be lucky that my license wasnt suspended. I know 100+ is excessive speeding..but is it considered reckless driving or a major violation? (to potential employers)
 
S

StevenJ_420Law

Member
MackShock said:
Im positive that i never had any points until this conviction. 5 is ridiculous..
Click to expand...
Ok well that is just talking.. go get a print out and see what is on there. There is no conversation needed on this as we dont have access to your record to take a look. This violation is 2 points. Period. No more no less.
 
M

MackShock

Junior Member
StevenJ_420Law said:
Another option is to go to court and ask if you can get into court and/or fill out a sentence modification form to see if the judge will allow community service in lieu of your fine.

They may have info on doing this on their court website, so google it and take a look under traffic section. Or go talk to the clerk at the court house.

If the judge wont do it, thats called a sentence and you are stuck...
Click to expand...
Well, Fresno to San Diego is quite a trip.
 
M

MackShock

Junior Member
CourtClerk said:
What part of...

go to the courthouse (any courthouse with a traffic division) or the DMV (last I checked, they were all over CA) and pull your record did you not get?
Click to expand...
is it possible to get it for free at any Courthouse with a traffic division? or must i go to the (way too long) lines at the San Diego DMV
 
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