101 MPH on 65 MPH road in California - Non US citizen

[JeeVee]

Dear all,

I live in the Netherlands (Europe ) and frankly I have some difficulties in comprehending the sometimes complex wording on this site.

I'm in need of some information and advise as I just came back from my holidays in the US and got a speeding ticket while driving in Death Valley, California.

The situation:
The part of the road where I was "radared" by a policecar from the opposite direction was bumpy, straight and had a steep downward slope. In the Netherlands I'm used to driving a 1,4L stickshift, but in the US I rented a 4L automatic gear. The thing is: an automatic car accelerates on a downward slope (even if you do not touch the throttle), while a stickshift more or less keeps the same speed. This is where I went wrong and before I knew it was going too fast (I have my doubts if it was really 100+), but for sure well over the limit of 65MPH. The police officer was so kind not to throw me in jail and impound the car, but he got my personal details and guaranteed the fine would arrive in the Netherlands in 3 weeks time.

Summarised:
- two lane road (one for each direction)
- 65 MPH is the speed limit on the road (also indicated on the fine)
- Method of detection is radar (taken from the front from a moving police vehicle on a bumpy road --> reliability of 101 MPH measurement seems low to me)

My questions:
- what is the approximate fine I can expect in 2 weeks from now?
- what are my options and chances in fighting this ticket (please note: I do not want to be thrown in jail upon my next visit in the US)?
- what does the exact procedure look like (what (order of) forms, etc)?
- what does immediately pleading guilty to a <100 MPH / <90 MPH reduce in fine amount?
- can I simply "not pay" and get away with it?

Thank you in advance for informing / advising me in this matter.

Kind regards,
JeeVeeWhat is the name of your state?

 

[JIMinCA]

What section of the vehicle code were you charged with violating (i.e. VC22349(a))???

 

[JeeVee]

The section of vehicle code is: 22348(b) with the description: "speeding in excess of 100 MPH"

 

[seniorjudge]

The section of vehicle code is: 22348(b) with the description: "speeding in excess of 100 MPH"

Nothing in your post shows a defense.

Don't pay the ticket if you never want to visit the United States again.

 

[JIMinCA]

Nothing in your post shows a defense.

Don't pay the ticket if you never want to visit the United States again.

You could not be further from the truth.

The OP was cited for 22348(b), which is speeding in excess of 100 mph. He was clocked at 101. That means the radar would have to have been calibrated to less than a 2% margin of error at a speed of 100 mph. In other words, if your actual speed was 99.9 mph, then you are NOT GUILTY.

You should simply do a discovery request and ask for the maintenance and calibration records of the radar unit (among other things). In order to get a template for the discovery request, go to http://helpigotaticket.com/proc/discover.html.

 

[colincrow]

- what is the approximate fine I can expect in 2 weeks from now? 1800.00 us


the charge requires a court appearance in order to plead not guilty. i dont know if they have another way of doing that for out of country defendants. but you can request a TBWD trial by written declaration.

 

[JIMinCA]

-
the charge requires a court appearance in order to plead not guilty. i dont know if they have another way of doing that for out of country defendants. but you can request a TBWD trial by written declaration.

Really??? What section of the vehicle code requires a court appearance to plead not guilty????

22348(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.

 

[colincrow]

i fighting a 100 + charge right now. they do not send you a letter with a fine but a letter that you must apear at arraignment.

 

[JIMinCA]

i fighting a 100 + charge right now. they do not send you a letter with a fine but a letter that you must apear at arraignment.

Then you should contact the court and inform them that you are exercising your right to a trial by written declaration as per:

40902. (a) (1) The court , pursuant to this section, shall, by
rule, provide that the defendant may elect to have a trial by written
declaration upon any alleged infraction, as charged by the citing
officer, involving a violation of this code or any local ordinance
adopted pursuant to this code, other than an infraction cited
pursuant to Article 2 (commencing with Section 23152) of Chapter 12
of Division 11.

Once again... the POLICY of the Court does NOT trump the LAW!!

 

[randomguy]

You can fight it, if you lose just ignore paying the fine...read the second party of my reply.

I am sure regular posters will be all over me for saying the following.

Or you can basically do nothing. As long as you do not go to the state in which you were given a ticket, you will not thrown in jail. No state will extradite a person if they are charged with misdemeanor(i know everyone is jumping on me for saying this). Yes technically you can be arrested, but you can' t be extradited to another state unless you voluntarily wave the extradition. Basically cops know this, da knows etc. Other state will not send their officer to another state to attempt an extradition for misdemeanor as it will not happen.

 

[JeeVee]

Thank you

People,

Thank you very much for your elaborate responses.
I will file a discovery request as I am sure I did not exceed 100 MPH.

Kind regards,

JeeVee

 

[JIMinCA]

File the discovery request. But also contact the court and tell them you want to do the TBWD. If they give you a hard time, you should send a letter to the judge and reference VC40902.