2 speeding tickets in 2 days (first time)

[Backdraft11]

What is the name of your state (only U.S. law)? CA

Hi,

I was recently on a road trip coming back down the West Coast of the US, driving along the 101 S a couple days ago (8/17 & 8/18)

I got my first ticket the first day for 22349(b). It was on the road between the Redwoods and SF (Reynolds Hwy according to the ticket), where the road changes rapidly from double-lane highway speed (65) to single-lane speed (55), usually once within towns or mountainous regions. It was on one of such these roads that I was first pulled over for 79 in a 55, at around 8:30 pm when the last fading remnants of sunlight remained.

The next day, I was driving again along the 101 S between SF and LA (near King City) along a very straight road, and with traffic in the left lane going along at around 85-90, I tried to accelerate and pass a slower-moving car in the right lane when I was pulled over again. Was cited for 22349(a), 80 in a 65, at around 1:30 PM.

Here is where I guess the meat of my question lies. Upon learning of my previous day's incident (I had acted extremely polite in both instances and these were my first traffic infractions ever with a previously clean record), the 2nd cop was nice enough to set the court deadline for November (11/05/09) while the previous one was for 9/23/09, and said that I could possibly get traffic school for both tickets depending on when the court(s) receives the ticket notifications, etc.

I guess my question is what the options are now, as I'm totally new to this situation (although I've read quite a bit in the last few days about speeding ticket advice and such online, I really dunno who to believe or trust).

Will a TBD or writing a polite apologetic letter to the officer/court bring any assistance in any way (as suggested on some ticket advice sites ie. How to beat a speeding ticket (or at least better your chances) - Feature - Lifehacker), or is that just mostly kind of bogus way of cheating the system?

I've also read that TBD will waive your right to a speedy trial (ie. 45 days after arraignment), is this true?

Thank you, and I'd be glad to share any further information upon request.

 

[HighwayMan]

What are you actually asking? How to beat both tickets? How to appear on the same day for both? Please clarify.

And explain what TBD is since many do not know what you're talking about.

 

[Backdraft11]

A TBD is a "trail by declaration", as explained better here:

Help! I Got a Ticket!
V.C. Section 40902 - Trial by Written Declaration

I suppose I was wondering what the chances of success are for both possibly fighting one or both tickets, and if I can take traffic school for either of them given that one of the officers was nice enough to delay the court date by so much time and that these are my first tickets ever.

I've also heard that to do a Trail by Declaration revokes your right to a speedy and fair trial (ie. 45 days after court appearance), is this true?

Thanks.

 

[Zigner]

Good GAWD...slow down! While you may have a clean record, that doesn't mean you've been driving safely!

 

[HighwayMan]

And I hope you don't think that because you got two speeding tickets in two days that the court will extend you some leniency and give you some kind of break on one. I don't see that happening.

 

[I_Got_Banned]

the 2nd cop was nice enough to set the court deadline for November (11/05/09) while the previous one was for 9/23/09, and said that I could possibly get traffic school for both tickets depending on when the court(s) receives the ticket notifications, etc.

That won't work to get both citations dismissed. You are only allowed one dismissal per every 18 month period between citation dates.

I guess my question is what the options are now, as I'm totally new to this situation

You can request TBD for both citations but you wont be allowed traffic school for both.

Also keep in mind that while a judge cannot refuse to allow you traffic school after a trial (and a TBD is essentially a trial), he/she is under no onbligation to allow you the traffic school option if you choose to fight your citation by taking it to trial.

.... writing a polite apologetic letter to the officer/court bring any assistance in any way

I don't think so... I'm not sure how your admitting guilt and apologizing for a "mistake" in writing will help your case in any way.

I've also read that TBD will waive your right to a speedy trial (ie. 45 days after arraignment), is this true?

The 45 day limit does not apply if you opt for a TBD. Meaning it will take longer than the 45 days from the date of your arraignment for your case to be reviewed by the court. However, if you do in fact lose your TBD, and assuming you choose to file for a Trial De Novo, then the 45 day limit comes back into play as to when your trial date must be scheduled.

California Rules of Court Section 4.210:

If the defendant files a Request for New Trial (Trial de Novo) (form TR-220) within 20 calendar days after the date of delivery or mailing of the Decision and Notice of Decision (form TR-215), the clerk must set a trial date within 45 calendar days of receipt of the defendant's written request for a new trial. The clerk must deliver or mail to the defendant and to the arresting officer's agency the Order and Notice to Defendant of New Trial (Trial de Novo) (form TR-225). If the defendant's request is not timely received, no new trial may be held and the case must be closed.​

I've also heard that to do a Trail by Declaration revokes your right to a ... fair trial (ie. 45 days after court appearance), is this true?

Uhm... No!

 

[I_Got_Banned]

BTW, you're looking at an approximate fine amount of $321 for the 22348(b) and an approximate fine amount of $201 for the 22349(a). As for traffic school and in addition to the fine amount for whichever citation you opt to take that for, it will cost you an additional $49 for that option.

I'm not preview as to whether your insurance companies will differentiate between a speeding conviction based on how many miles over the limit you were cited for, but if I were you and assuming you are going to opt for traffic school on one of your citations, I would opt to take the traffic school for the 22349(b) ~24miles over the limit~ citation instead of the 22349(a) ~15 miles over the limit~ citation.

 

[Zigner]

Also keep in mind that while a judge cannot refuse to allow you traffic school after a trial (and a TBD is essentially a trial), he/she is under no onbligation to allow you the traffic school option if you choose to fight your citation by taking it to trial.

I think a clearer way to say it would be that a judge cannot refuse to allow traffic school solely because the def. took it to trial.

 

[CourtClerk]

Correction: It is completely POSSIBLE that traffic school would be allowed for both tickets. One 8 hour, one 12 hour. HOWEVER, the second offense will NOT be dismissed because he goes to traffic school. It will appear on his record, he just won't have the point for it.