88 in a 65 zone, First Offense

[tidyparty]

My state is California.

The facts are:
I was going 88 on the freeway. The speed limit was 65. The officer was a California Highway Patrolman. I have no prior driving tickets (one parking ticket). I have valid insurance. I have valid registration. I am a 24 year old male, and I have a 5 year driving record (as I said, no driving tickets, no accidents). The court assigned is the El Cajon Superior Court in San Diego, California.

My questions are:

1) Is traffic school a likely option?
2) What would be a reasonable estimate for the fine?
3) Is the fact that this was my first driving offense going to be helpful at all? Will that have a positive impact on the bail (ie. is that likely to lower the bail at all)?
4) I don't really have a defense - I was going too fast. I did not, however, admit guilt. Should I go to traffic court anyway?
5) If I go to traffic court, will I expect to pay a fee for the traffic court?
6) Is there much/any chance that the violation will be lowered if I go to court?
7) If I go to court without much defense, and rather go for the sympathy vote, is that likely to go against me?

Thanks!
TidyParty

[cjoeb]

check out this link
[url]http://www.sandiego.courts.ca.gov/superior/courts/traffic.html[/url]
based on your questions, it sounds like you have not recieved your "courtesy notice" yet. it will tell if you are eligible of traffic school or not and the fines involved.
i was born and raised in san diego, lived in el cajon for 17 years before moving out here to NM. many moons ago, i got a speeding ticket and the CHiPee cut me a break, lowering my speed from 85 to 75 in a 65 zone on the ticket so i would be eligible for traffic school. dont know if your speed of 88 is gonna give you problems or not.
if it turns out that you are required to go to court and not eligible for traffic school, then the only suggestion i have is to contact the san diego county bar association and get a referral to a criminal attorney. all referrals from the bar will give you a free (usually a half hour) consultation so you can see what other options you have.

[CdwJava]

Originally Posted by tidyparty

1) Is traffic school a likely option?

It depends on the specific offense (code section) you are charged with, but you will probably be eligible.

2) What would be a reasonable estimate for the fine?

It depends on the specific offenses you were charged with. Since those weren't posted, it's hard to say.

3) Is the fact that this was my first driving offense going to be helpful at all? Will that have a positive impact on the bail (ie. is that likely to lower the bail at all)?

It might. Much is at the judge or commissioner's discretion.

4) I don't really have a defense - I was going too fast. I did not, however, admit guilt. Should I go to traffic court anyway?

In San Diego County, they inform you when they are calling the calendar that anyone who chooses to fight their case may nto be eligible for traffic school afterwards.

5) If I go to traffic court, will I expect to pay a fee for the traffic court?

Yes. If you lose.

6) Is there much/any chance that the violation will be lowered if I go to court?

Sometimes ... maybe if you were rushing your pregnant wife to the hospital. But without a good sympathy defense, I doubt it.

7) If I go to court without much defense, and rather go for the sympathy vote, is that likely to go against me?

No more likely to go one way or the other. However, remember that the judge/commissioner has already heard the same "sob story" a few hundred times.


- Carl

[tidyparty]

Thank you two for your insightful responses.

Anyway, the specifics:


Driving Speed: 88mph
Time: 7:15pm
Posted Speed Limit: 65mph
Venue: San Diego County, around city of La Mesa
Infraction: 22349 (A) vci [[url]http://www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm[/url]
Road conditions: Dry, freeway, straight, dark, light traffic.

Again, as I said, this is my first driving infraction.

I was hoping to gain a little insight into two questions:

1) Is traffic school a likely option?
2) What is a likely fine?

I am really not considering going to traffic court. Rather, I'd like to just get traffic school, pay the fine and be done with it.

I am trying to brace myself for a fine in the $350-$400 range. I hope it will be less. I really hope it is not going to be more.

Any ideas?

Thanks!
TidyParty