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108mph (CA) - VC 22348(b)

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evolive

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

I'm curious why this section of the forum is so empty... was hoping to read up on this.

I received a ticket for going 108mph in Cerritos, CA. After doing some research it's unlikely that I can bring it below 100mph (accuracy and whatnot?)

I'm thinking about doing the Ticket Assassin method (Trial by Written Declaration) but I am concerned about how it can backfire at me. I did speed and this is my first one at 100+.

Ticket shows that I need to show up to Bellflower, CA court house.

I'm not sure how the officer got me at 108 as I don't see it on my ticket (unless "Beat" is the radar). The following is filled out:

Code and Section (the Misdemeanor or Infraction was not circled): 22348(B) vc speed in excess of 100mph

Speed Aprox: 108
P.F. / Max Spd.: 65
Location of Violation: S/B + 605 B/T Imperial Hwy. + SR 91
Beat: 651
Area: 550
Perm. Area: 550

I was thinking I would go to court and request Traffic School but I believe that I don't qualify for Traffic School since this is a 100mph+ ticket. I'm not sure if this exist but I do have a speeding addiction and perhaps asked the judge for some sort of help on that so that I can avoid the 2+ points and possibly suspend my license.

The link to my ticket is here > Index of /temp < (it is called ticket.jpg)

I'm really worried about this one... :( I hope someone can give me some advice on mainly keeping the 2+ points off my record.

Would writing a letter to the Officer perhaps help (some sites states this) but what would I say? All I can think of is making up excuses which I'm sure the officer is not keen on. What if I told him I need help with this whole "speeding" thing and that he could refer me to some sort of support group (in exchange of dismissing the ticket or a warning)?

Any other websites you guys may know of that I should perhaps read about 22348(b) would be helpful as well.

Thanks.

-sun (just another guy who got busted and is scared as hell)

(+0 days)
 
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JIMinCA

Member
Speeding addiction? You want to go to speeding rehab??? Dude... if you are posting here, then it is obvious that you are niether rich enough or famous enough for that kind of defense. Just freakin' stop.

Now... if you want a real defense, you first need to know what the officer has to use against you. You should do discovery request as per the directions here: Discovery

Do that NOW! Once you get a response, you should come back here to discuss. If you get no response in 15 days, you should come back here to discuss.
 

I_Got_Banned

Senior Member
Loss of license is excellent rehab for such an addiction. Sort of like AA for drunks.
Hahahaha... So true...
You submit to a higher power (like the Metropolitan Transportation Authority), take the bus for a few weeks. Maybe that'll cure you...

Jim has posted a great start for you... Get on that website and get your Request for Discovery out NOW...

I'm not 100% sure on this but I think that your citation requires a mandatory court appearance... (Your courtesy notice which you should receive in approximately 20 to 25 days after the date of the citation will tell you more about that). If I am correct, then requesting "Trail By Written Declaration" over the phone, over the internet or by mail is not an option.

As a side note, do not use "mail" as a way to enter your plea. If you were to do that, you are automatically giving up your right to a speedy trial which could work to your disadvantage as you progress through the process.

Also, Traffic School is not an option for you... Typically, the cutoff point for that is 25mph above the limit... But for an addict like you and at 43 mph over, you couldn't even get it if you begged for it (unless it comes in as part of a plea bargain)...

I'm not sure what writing a letter to the officer can accomplish. He writes the citation, then he appears in court to testify. You wouldn't ask him to lie under oath, and you couldn't influence him not to show up to your trial. If you do choose to write him still, leave your "speeding addiction" story out of it... Or you can rest assured that you will be the topic of discussion in that station for a long time to come. (My guess is that cops don't like speed addicts... Or should I qualify it as speeding addicts (there is a big difference)).

Lastly, "beat" has nothing to do with how he estimated your speed. "Beat" refers to (I think) the officer's shift or the area he is supposed to work or both... Maybe Carl can touch on that!

If there is no indication that he used RADAR or LASER the he probably paced you... That is why you should get started with "Discovery" (like Jim suggested) right away. If you want any chance at having your citation dismissed (which due to the fact that you are not denying it, I wholeheartedly believe that a dismissal would be a great injustice) you need to find out how he estimated your speed.

Good luck with your citation and your addiction!!!
 

evolive

Junior Member
will get started on request

Request for Discovery... based on the site it appears that I need to show up in court first and plead not guilty then do the request.. no? But since you guys looked at my ticket I'm guessing I can do the discovery request prior.

I've gotten tickets below 90s typically and this is my first 100+ and this is scaring the crap out of me. I love to drive fast but now that I got caught and reading about the consequences... I don't want it. Especially if I get busted 2nd, 3rd, 4th etc.

Yes... I should be punished and I probably will end up getting punished but I hope to be punished by not suspending my license and maybe even avoid the points by doing some sort of community service for whatever hours the judge specifies.

I am making excuses but just like everyone else... this would be my last speeding ticket either way. I know that this isn't the worse scenario one can have but I'm f*.

Losing the license as a great way of doing rehab but this rehab will cause me more burden than not getting it suspended but having to go to rehab.

thanks for the support guys. will keep updating.

(+1 day)
 
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I_Got_Banned

Senior Member
Request for Discovery... based on the site it appears that I need to show up in court first and plead not guilty then do the request.. no? But since you guys looked at my ticket I'm guessing I can do the discovery request prior.
Not neccesarily true... The way I look at it, I'd like to look at what evidence is being brought against me so that I am able to make a decision as to how to plead!
I've gotten tickets below 90s typically and this is my first 100+ and this is scaring the crap out of me. I love to drive fast but now that I got caught and reading about the consequences... I don't want it. Especially if I get busted 2nd, 3rd, 4th etc.
If you were to get your 2nd 22348 within 12 months of this one, there will be no 3rd or 4th... At 2 points each, you would accumulate 4 points within a year and that is an automatic 6 month suspension + 12 month probation by the DMV. . .

Yes... I should be punished and I probably will end up getting punished but I hope to be punished by not suspending my license and maybe even avoid the points by doing some sort of community service for whatever hours the judge specifies.
It has been my experience that Community service is less of an option than traffic school... That's for a one point violation.

You can ask for it but my guess, and due to the severity of driving 108 in 65 and how most Judges will from upon such a violation, I highly doubt that you wil be given that in lieu of points.

Also, some courts might require you to show your inability to pay a fine in order to be given community service.

Lastly, the judge does not get to decide how many points each conviction is. The oints are assessed by the DMV not by the court. So basically if you get convicted of a 22348, a notice is sent to the DMV about your conviction and then, the DMV assesses the points on your driving record.
I am making excuses but just like everyone else... this would be my last speeding ticket either way. I know that this isn't the worse scenario one can have but I'm f*.

Losing the license as a great way of doing rehab but this rehab will cause me more burden than not getting it suspended but having to go to rehab.
You need to get off this "addiction"/"rehab" kick... It was a nice creative attempt but you can rest assured that you will be laughed out of court and the DMV at the mere mention of "speeding addiction" or "speeding rehab".

You wanna speed? Take your car to the track and knock you self out if you want... Or join the circus and have them shoot you out of a canon up against a concrete barrier... I bet you the rush you will get out of that equals multiples of what you'll get out of speeding where I or anyone else might get injured or killed!!!!!
 

evolive

Junior Member
Address to who?

I'll call the court tomorrow about who I should mail the discovery request to but if someone in here knows to who in general would help.

To: Clerk of the Court
10025 E. Bellflower St.
Bellflower, CA 90706

thanks.

will send this out tommorow

(+2days)
 

JIMinCA

Member
If you look at the link I gave you, there is a link for the addresses of all the DA's in CA. You should send one there and one to the court. Don't forget the proof of service.
 

Hey There

Member
evolive
A request for discovery filled out by the cited driver should be mailed, certified, return receipt to the District Attorney and to the citing officer OR hand delivered BY A FRIEND. The Judicial Council (CA.) doesn't have a discovery form for traffic violations, but by typing in on Google Help! I Got A Ticket!a form for Discovery can be downloaded.
The form sent to the D.A. can be modified slighty when submitting it to the citing officer.
As an alternative, a trip to a local library should yield a book on contesting traffic tickets in CA. published by NOLO. In the back of the book is a Discovery Form which can be copied and submitted.
The friend should give you a proof of service that the request has been mailed or delivered.
If a continuance seems necessary a phone call to a court clerk should be granted the first time asked for.
Speeding Ticket sites with info can be accessed by typing in on Google Speeding Ticket FAQ and
Speeding Ticket--Fighting or Plea Bargaining
and
here's
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.

Best Regards,
Hey There
 

evolive

Junior Member
they didn't list LA DA

Who do I pick though? None of those guys are LA county. The only LA county i can find is Steve Cooley. Bellflower is in LA county... unless I just pick the closest one which is Orange County.

thanks.


If you look at the link I gave you, there is a link for the addresses of all the DA's in CA. You should send one there and one to the court. Don't forget the proof of service.
 

JIMinCA

Member
Hey There,

Why would you suggest that he send a copy of the discovery request to the citing officer. Do you know of any law, statute, court rule, etc... that suggests that anyone other than the prosecuting attorney has the responsibility to provide discovery?
 

JIMinCA

Member
Who do I pick though? None of those guys are LA county. The only LA county i can find is Steve Cooley. Bellflower is in LA county... unless I just pick the closest one which is Orange County.

thanks.
I believe Steve Cooley is the LA DA. If you were ticketed in LA county, by CHP or sherriff, that's who it should go to.
 

I_Got_Banned

Senior Member
Bellflower IS in L A County.. So it couldn't be "closer" to Orange County...

Your Discovery request should go to:

The Honorable Steve Cooley
Los Angeles County District Attorney
Bellflower Area Office
10025 East Flower Street, Rm. 374
Bellflower, Ca. 90706

Phone 562-804-8085
Fax 562-920-3062
 
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evolive

Junior Member
steve cooley would reside in the la address no?

District Attorney's Office
County of Los Angeles
210 West Temple Street, Suite 18000
Los Angeles, CA 90012-3210

the bellflower courthouse is where i am going to send in my Discovery Request.

The way I have it right now (planning)

original cover letter, discovery request, proof of service goes to bellflower courthouse
copy cover letter, discovery request, proof of services goes to steve cooley at the LA address



Bellflower IS in L A County.. So it couldn't be "closer" to Orange County...

Your Discovery request should go to:

The "Honorable" Steve Cooley"
Los Angeles County District Attorney
Bellflower Area Office
10025 East Flower Street, Rm. 374
Bellflower, Ca. 90706

Phone 562-804-8085
Fax 562-920-3062
 

I_Got_Banned

Senior Member
steve cooley would reside in the la address no?

District Attorney's Office
County of Los Angeles
210 West Temple Street, Suite 18000
Los Angeles, CA 90012-3210

the bellflower courthouse is where i am going to send in my Discovery Request.

The way I have it right now (planning)

original cover letter, discovery request, proof of service goes to bellflower courthouse
copy cover letter, discovery request, proof of services goes to steve cooley at the LA address
1st: The Honorable Steve Cooley could reside in Hawaii if he wants to... It has no bearing on where you should have a Discovery Request mailed to...

And 2nd: Steve Cooley doesn't know who you are & he isn't gonna prosecute your case. He isn't gonna even hear about it. Instead, he hires a Deputy District Attorney to work out of each courthouse to do his dirty work for him. In turn, the Deputy District Attorney hires a bunch of law school graduates to play prosecutor for these minor cases. . . that is assuming that your request gets past the guy in the mailroom!

Feel free to mail it where ever you like but if I were you, I would mail it to the District Attorney's Office at the court where your case is being adjudicated... The court where your "file" is. . .

The address you listed is to the "Clara Shortridge Foltz Criminal Justice Center"... Which has nothing to do with your case...

So the way I see it everything should go to the Bellflower Courthouse.

One copy gets addressed to the Court:

Los Angeles County Superior Court
Southeast District - Bellflower Courthouse
10025 East Flower Street
Bellflower, Ca. 90706

Attention: Traffic Division


And one copy should go to the D A at:

The Honorable Steve Cooley
Los Angeles County District Attorney
Bellflower Area Office
10025 East Flower Street, Rm. 374
Bellflower, Ca. 90706
 
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