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22348b vc

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rescuer87

Junior Member
What is the name of your state? CA
I am a minor and received a ticket (22348b VC) stating I was going exactly 100 on interstate 280. The speed limit is 65. If I plan on pleading not guilty should I talk to the CHP officer first to try to get him to reduce the ticket. This is my first offense. If I call and ask him for a reduction, would this increase his chances of showing up at the trial? Do CHP officers usually appear?
 


CdwJava

Senior Member
rescuer87 said:
What is the name of your state? CA
I am a minor and received a ticket (22348b VC) stating I was going exactly 100 on interstate 280. The speed limit is 65. If I plan on pleading not guilty should I talk to the CHP officer first to try to get him to reduce the ticket. This is my first offense. If I call and ask him for a reduction, would this increase his chances of showing up at the trial? Do CHP officers usually appear?
CHP officers almost always appear - it's what they do. And your calling him won't effect the citation. In fact, I would be surprised if he even called you back. You might consider calling the DA's office to find out if they would be willing to deal.

Now, you say you plan on pleading not guilty ... so, what is your defense going to be?

- Carl
 

rescuer87

Junior Member
Dont know yet...in the process of finding a lawyer right now. Most likely some kind of technicality to try to get it reduced. What do you mean by calling the DA office? Can you explain what this is and how I would do it?
 

CdwJava

Senior Member
The DA is the District Attorney. Someone there deals with filing to traffic court. The DA's office can tell you who to talk to about traffic tickets. Usually, however, they won't do much. And in your case, you aren't eligible for traffic school due to the violation, so there's not much wiggle room here.

Lok up the DA's office in the phone book.

- Carl
 
Speed Violation

CVC 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.


If you are looking for a technicality, by your statement you were not going at a speed greater than 100 MPH. Try a deal with DA and learn from this experience, slow down.
 
Last edited:

Shay-Pari'e

Senior Member
RetiredMotor said:
CVC 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.


If you are looking for a technicality, by your statement you were not going at a speed greater than 100 MPH. Try a deal with DA and learn from this experience, slow down.
Where in his post did he say he wasn't?
 

CdwJava

Senior Member
RetiredMotor said:
"stating I was going exactly 100"
The question then becomes whether the OP is simply reading the heading after the section (i.e. "100 MPH") or if that is what the officer will testify to. If the officer says he was going "exactly 100 MPH" then this is the wrong section to have used. If I had to guess, I'd say the officer simply rounded down to 100 MPH, but can testify to the OP's exceeding that limit ... and in this case, he'd better or he will be prosecuting the wrong section.

In all honesty, I would likely have cited the same section for CVC 22348(b) for someone going exactly 100 MPH ... that 100 MPH thing sticks in your head - the part that says "greater than" does not.

Perhaps he can offer to plead to CVC 22349(a) - in excess of 65 MPH ... but, he will still not be eligible for traffic school.

- Carl
 

rescuer87

Junior Member
I called CHP but not the officer and they said 22348b includes exactly 100 mph...this is my problem...could I plead for a lesser offense (22934a) without pleading not guilty or would this be the same thing? Is this DA someone who could change my ticket before the court apperance? Sorry but im confused. Help is appreciated.
 

CdwJava

Senior Member
rescuer87 said:
I called CHP but not the officer and they said 22348b includes exactly 100 mph...this is my problem...could I plead for a lesser offense (22934a) without pleading not guilty or would this be the same thing? Is this DA someone who could change my ticket before the court apperance? Sorry but im confused. Help is appreciated.
You might consider using an attorney. If you call the DA, anything you tell him/her can be used against you. But, the DA is the onlyone who could plead the deal down.

- Carl
 

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