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  1. #1
    Californian is offline Junior Member
    Join Date
    Apr 2006
    Posts
    1

    22349(a) Speeding over 65 MPH

    What is the name of your state? California

    I was cited for code 22349(a) speeding(doing 86mph) on the highway over the posted 65 MPH speed limit. Traffic was medium, sunny day, 4 lane highway.

    I was merging onto the highway and was following the proper procedures by meeting the speed of oncoming traffic and merging onto the highway. As soon as I entered the highway I continued to merge over 2 more lanes by staying with the flow of traffic (using the proper lane change procedures). At this point I saw the officer in the fast lane, next to, and behind me and he turned on his lights and pulled me over. All this within about 2/10ths of a mile.

    Note: There is a truck weigh station on the shoulder less the a mile from where i entered and is not safe to be in the far right lane from semi trucks getting backed up on the highway at a stop waiting to enter. This is my daily commute and have seen many rear end collisions there from people not paying attention, that is why I merge over quickly.

    The officer stated he was doing 75mph in the fast lane and had me on radar going 86.
    I explained to him that I was merging onto the highway and was merging over and was not sure of my speed for I was busy looking in my mirror and over my shoulder.
    Note: I was not passing cars when I entered the highway and doing my lane changes. There was a gap from the cars in front and the line off cars beside and behind the officer.

    Do I have a chance of fighting this ticket?

    - I believe the flow of traffic was what the officer stated he was doing. 75mph
    - I do not belive I was going 86mph or I would have been passing, or leaving cars behind in my rear view mirror.
    I know about filling out a "trail by written declaration", but would like to know if I have chance to win this? Any advice is welcome.

    I can not afford a ticket on my record, for my work will not allow this, and I have attended traffic school 1 year ago.
  2. #2
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,500
    Saying you were going with the flow of traffic is not a defense. However, a judge might be sympathetic with the circumstances.

    If you go to your local court's web site, or to www. courtinfo.ca.gov you can find out information on a "triel by declaration" and on traffic court procedures.

    There are also numerous web sites that promte free or for profit opportunities to help you fight your citation ... but, beware, most of them will give you just enough info for you to fall on your keester or piss off the judge.

    The BEST way to fight a ticket is to hire an attorney ... but, this can still be a shot in the dark.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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