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  #1  
Old 04-23-2008, 05:54 PM
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Beat 22349(b) ticket, 70mph in 55mph zone


What is the name of your state? California

Ok. I got a 22349(b) ticket for doing 70mph in a 55mph zone. It was in Riverside County California. I plan on submitting a Trial by Declaration but would like some input first.

So it's a 2 lane highway and I am driving straight ahead well there is a downward hill at the end of a striagh away, so before you get to the end of the straight away you cannot see what is at the bottom of the hill. So the cops sit behind some bushes at the bottom of the hill and slam all the people coming down the hill who cannot see them with speeding tickets.

I never like to speed on this highway because I drive on it everyday and I know it is very dangerous so I know I wasn't speeding excessively. I'm not POSTIVE how fast I was going but I'm sure I was going about 55 to 60 before I went down the hill. (Yes I know that is speeding still...) Do you think it is possible that the downward hill might have let my car speed up?

If so would I be able to file a trail by declaration with a no contest and asking for the judge to lower my sentence to a 21710 (coasting charge) which does not put points on my record?

And if I do that, do I file as 'no contest' or 'not guily' ... I'm really new to this stuff and I just started researching so I'm not quite sure of the difference between the two but that no contest means that you are admitting to guilt.

I really have no problem paying the bail whatever it is but I just do not want the points on my record.

Any and All help would be great.

-Amanda
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  #2  
Old 04-23-2008, 05:57 PM
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http://forum.freeadvice.com/showthread.php?t=401245
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  #3  
Old 04-23-2008, 06:17 PM
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Quote:
Originally Posted by ama_aragon View Post
I really have no problem paying the bail whatever it is but I just do not want the points on my record.
Ask for Traffic School. Nothing you have said so far indicates any defense to your speeding charge.
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Old 04-23-2008, 06:18 PM
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Ask for Traffic School. Nothing you have said so far indicates any defense to your speeding charge.
I agree.

The only defense to speeding is not speeding.
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Old 04-23-2008, 06:31 PM
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I dont want my ticket to be dismissed. I want the points to be taken off my record. I cannot take traffic school because I did so already. The CVC 21710 does not carry points. My defense would be ... I was coasting down the hill...
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Old 04-23-2008, 06:41 PM
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Originally Posted by ama_aragon View Post
I dont want my ticket to be dismissed. I want the points to be taken off my record. I cannot take traffic school because I did so already. The CVC 21710 does not carry points. My defense would be ... I was coasting down the hill...
So, your defense would be that your allowed your vehicle to exceed the speed limit while coasting down the hill?
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Tell it like it is! When all else fails, make up a statistic!

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Old 04-23-2008, 06:51 PM
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So, your defense would be that your allowed your vehicle to exceed the speed limit while coasting down the hill?
If the judge has been on the bench for more than...oh, say...17 minutes, then he's heard that one.
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  #8  
Old 04-23-2008, 06:54 PM
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You know - whenever a car exceeds the speed limit, one could argue that it was gravity...
(ie: gravity just PULLED my foot down!)
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

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  #9  
Old 04-24-2008, 04:14 AM
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Quote:
Originally Posted by ama_aragon View Post
I dont want my ticket to be dismissed. I want the points to be taken off my record. I cannot take traffic school because I did so already. The CVC 21710 does not carry points. My defense would be ... I was coasting down the hill...
If you've already taken an 8 hour Traffic School class within the 18 month prior to the date of this citation, some courts/judges will allow a 12-Hour Traffic School class. This class cannot be taken online; it has to be in a class room setting.

You might want to contact the Court to inquire about the 12 hour class to see uf it is offered at that court.

Good luck!
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Old 04-24-2008, 11:30 AM
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Thanks!


Occharge...

Thanks so much for your help!

-Amanda
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  #11  
Old 04-24-2008, 11:31 AM
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Quote:
Originally Posted by ama_aragon View Post
Thanks so much for your help!

-Amanda
You're welcome, Amanda.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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  #12  
Old 04-24-2008, 11:56 AM
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Originally Posted by ama_aragon View Post
Occharge...

Thanks so much for your help!

-Amanda
You're quite welcome, Amanda... Not the direction you had wanted but I still hope it helps!
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