23 over in CA

[neondiary]

California

Hi all,

I was coming home early this morning via a very untraveled back road two lane road which I saw 2 cars on the entire 3 hour trip....one of them happened to be a cop.

He got me at 78 in a 55. He turned around and pulled me over, I couldnt believe a CHP was so far out there.

The particular stretch he got me at was OPTIMAL driving terrain: Flat, Straight and smooth pavement for a ten mile stretch and he got me somewhere in the middle of that stretch.

The posted limit is 55 which I find to be underrated, due to the safe characteristics of the terrain I mentioned.

There is all of my excuses, and why I felt it relatively safe to be driving as I was.

Now, my question is:

Do I have a chance of getting this reduced to a speeding ticket that I can go to traffic school and clear my record, as it stands it is marked non correctable.
He listed the speeding code as 22349 b
I dont have insurance on the truck I was driving, but I do on my two cars, I was borrowing the truck for the trip and it is not registered to me. He marked under evidence of finnancial responsibilty: NONE now does this mean I get more fines for not driving with that truck insured?

And one last question:
He wrote the ticket it out to Mark Jeffrey which is my first and middle name. He did not write my last name. Can a judge throw the ticket out due to this? That would be fantastic, I feel a big screw coming on If I have this 2+? point charge stick.

Thanks to anyone who reads, I am pretty frustrated that I got such a slap for what I feel to be relatively safe.

 

[I_Got_Banned]

The posted limit is 55 which I find to be underrated, due to the safe characteristics of the terrain I mentioned.

Unfortunately, it is not up to us to decide what speed limit we want to drive... There is a reason why we have speed limit and speed limit signs.

Do I have a chance of getting this reduced to a speeding ticket that I can go to traffic school and clear my record,

Yes you should be able to request and attend traffic school for it. Wait for your courtesy notice from the court and it will give you instructions as to how to request that.

as it stands it is marked non correctable.

Speeding tickets are always marked as non correctable. You can have it dismissed by completing traffic school.

I dont have insurance on the truck I was driving, but I do on my two cars, I was borrowing the truck for the trip and it is not registered to me. He marked under evidence of finnancial responsibilty: NONE

CVC 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made.​

You're not supposed to be driving a vehicle that is uninsured regardless of whether it is yours or not. Also, having two other vehicles that are insured wouldn't fit the bill.

now does this mean I get more fines for not driving with that truck insured?

And a hefty one at that... You're looking at a fine of approximately $815. You might see a reduction of that fine if you can get the owner to insure that vehicle between the time you were cited and the time you are schedulled to appear in court.

He wrote the ticket it out to Mark Jeffrey which is my first and middle name. He did not write my last name. Can a judge throw the ticket out due to this?

Is your driver's license number on there? If so, then that wouldn't be sufficient to get it dismissed. Not in my opinion, at least.

If I have this 2+? point charge stick.

It is only one point for the 22349(b) and zero points for the 16028(a)... Total = 1 point, not 2.

I am pretty frustrated that I got such a slap for what I feel to be relatively safe.

It is not up to you to decide what is safe or unsafe, you're supposed to drive at or near the posted speed limit.

 

[neondiary]

How can a citation marked non correctable be corrected? Is this section for items like a fix it ticket?
I always assumed non correctable means that you cannot go to traffic school for it.

Also the only violation that he documented was the speeding, if he did not document the violation of no proof of insurance, will it still be fined? There was no violation number written, but it was written NONE under the field evidence of financial responsibility.


and what if i provide proof of insurance to the judge? I just insured the vehicle today, and will have the ID card showing my current policy from may to november with this truck.... how would the judge know that I just changed the insurance? I cant think of a way the judge would be able to find that out, for all he knows I hadn't yet recieved it in the mail, right?


thanks

 

[cyjeff]

I recommend against turning a misdemeanor into a felony by lying to the court.

Judges don't find that kind of foolishness even a little funny.

 

[I_Got_Banned]

How can a citation marked non correctable be corrected?

It is not being corrected... If you complete traffic school then it gets "Dismissed". The "coorectable/non-correctable" column is for violations that are generally referred to as "mechanical violations" For those to be "corrected" you'd have to fix the mechanical violation i.e. "lighting, exhaust... etc", then you'd pay the "correction fee" then you'd have it dismissed.

Is this section for items like a fix it ticket?

EXACTLY

Also the only violation that he documented was the speeding, if he did not document the violation of no proof of insurance, will it still be fined? There was no violation number written, but it was written NONE under the field evidence of financial responsibility.

Then he gave you a HUGE break... Unless CVC 16028(a) is listed on the infraction section of the citation, then you were not charged with that.

and what if i provide proof of insurance to the judge? I just insured the vehicle today, and will have the ID card showing my current policy from may to november with this truck.... how would the judge know that I just changed the insurance? I cant think of a way the judge would be able to find that out, for all he knows I hadn't yet recieved it in the mail, right?

Wrong. The court as well as the DMV can look up your policy info and determine whether a certain vehicle was insured at the time of the violation.

For future reference, trying to fake insurance coverage might not go well if the judge asks the court clerk to verify your information.

 

[AgentSmithers]

Alot of Judges I know say that $700 is the bare min for driving with no INS. and if you get it after they lower it SOMETIMES to $400, As for the INS. the copy you get should say When the Policy Starts and ENDS.

 

[neondiary]

Thanks for clearing that up. I am relieved to know I won't get smacked with insurance fine and also be able to clean my record via traffic school.... Still an ABSURD 55 zone, and this ticket should be for 13 over limit not 23.....