22348 (B) ticket question!

[sublime4mylife]

I just got a ticket the other day in San Diego County driving down the 15. I was cited for going 103 in a 70. My question is: I have two other tickets in the past three years and this one is a biggie and was told by the CHP officer that I'm going to have to give up my liscense at court. Does everyone agree with the officer, I'm pretty sure if I show up without a lawyer that is what's going to happen. If I do get a lawyer, about how much do you think that I will pay for fighting this ticket. I'm going to look here pretty soon, but I was woundering if anyone has been in this situation and knows how much it costs. Also, I'm in the Military and the officer told me that he is going to call my Commanding Officer and report that I got a ticket of this magnitude. Is this illegal of him to do? I gave him a number, but not the correct one. If he calls I'm not going to answer. If my CO does find out there is a policy in place at my command that says I have to loose rank and money over tickets 25 mph over the limit. I'm pretty angry about this whole thing and know that if the officer really wants to find out who I am and what my command is he could easily call someone on base and they would contact my CO. Is there anything that can be done about him doing this? Thanks for your help and please let me know if you think I will loose my liscense over this whole issue.

Thanks

 

[I_Got_Banned]

CVC Section 22348

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.

As you can see it says "MAY"... Not "SHALL" as is the case with a second conviction within 3 years or a 3rd within 5. (which is why I also posted subsections 2 & 3). So I would assume that its an issue of Judge's discretion.

As for the "pursuant to Section 13200.5" part, it doesn't clarify it anymore.

CVC Section 13200.5 States:

Whenever any person licensed under this code is convicted of a violation of subdivision (b) of Section 22348, the court MAY, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not to exceed 30 days.

That is where an attorney can benefit you the most. Talk to a couple of local attorneys and they should be able to tell you how strict Judges are about that in the court where your case will be adudicated.

Also, make note of the fact that a 22348 will earn you 2 points on your driving record... Not just one as is the case with other speeding violations.

As for the officer notifying your commanding officer, I'm going to leave that to someone who jknows the answer; but I will say this: I think he's already accomplished what he had intended on doing... He has you all freaked out.

Good luck!

 

[sublime4mylife]

offenses

This is the only ticket that I've ever had for over 100+ MPH. So does that mean that I cannot have three of these offenses, or does it mean that any other speeding offenses will result in the number (3) stated above???

 

[Jim_bo]

1. You should speak to a JAG officer concerning the ticket. I have never heard of NJP for a speeding ticket before, but I have been retired for about 4 years. Lots of political correctness still going on in the military.

2. You should first do a discovery request. Get the calibration data from the radar unit used (he did use radar, right?) After all, you were not cited with doing 33 over... you were cited with doing 3mph over!! That's like getting a ticket for doing 73 in a 70. Just a bit absurd.

Give some more details about the ticket, the conditions at the time, the freeway, etc...

 

[I_Got_Banned]

This is the only ticket that I've ever had for over 100+ MPH. So does that mean that I cannot have three of these offenses, or does it mean that any other speeding offenses will result in the number (3) stated above???

Only subsection 1 applies to you.

I only posted 2 & 3 to show the difference between the "may" and the "shall".