(CA) CHP-Speeding and crossing double white

[spongaweb]

Hi there I am out here in Souther California where I received a ticket for speeding and crossing a double white in the HOV lane.
I was using a rental truck since my smaller truck was in the shop, I was not used to the power of the truck and swerved around one guy while accidently speeding. I drive a much smaller v4 truck and wasn't used to the v8 or the big foot pedals the rental car company gave me.

They checked 'No' for no correctable violation
Listed it as speeding over 65 at 80mph approximately
Also listed further below without any of the 'yes' or 'no' check boxes checked it says 'Vehicle with solo in HW/crossing dbl l/w'.

What are my choices here since I really do not have a record or any major tickets at all. Have not got a speeding ticket in 5+ years probably and only 2 parking tickets.

Should I ride it out since it is my first infraction and pay all the fines, by the way does anyone know what that might amount to?
Should I contest it and use a lawyer?

Thank you

 

[seniorjudge]

Tell us what statute numbers you were charged under; then the CA gurus can comment.

My point is to warn you NOT to say this to the judge:

I was using a rental truck since my smaller truck was in the shop, I was not used to the power of the truck and swerved around one guy while accidently speeding. I drive a much smaller v4 truck and wasn't used to the v8 or the big foot pedals the rental car company gave me.

That is an aggravating circumstance and it does NOT help you in anyway!

 

[spongaweb]

22349 (91vc)

Oh yes the weather was clear and it was more than a 4 lane highway if that matters.

Thank you

 

[Zigner]

22349. (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.

 

[spongaweb]

There was no code next to the 'crossing double white'.

I will try the discovery and get some info, because from what I could see he was directly behind a car in the HOV lane so he could not have had a clear view/camera or radar. He did however have a ridealong trainee it looked like, maybe he was the one that made the call.

Yes, it was a stupid mistake.

Thank you

 

[efflandt]

Just so you know, radar can see through windows, and while moving either direction.

Years ago when I used to use a radar detector, it suddenly went off as I was rounding a wide highway curve on a 2-lane hwy, and I could not even see the officer in opposing traffic until an oncoming car in front of him came by. He was justified citing me for 70 in a 55.

 

[Zigner]

There was no code next to the 'crossing double white'.

Perhaps the officer just noted that without citing...

 

[spongaweb]

Perhaps the officer just noted that without citing...

Would the Judge take note of that or is that gonna be one where it is his word but no evidence?
He did say during writing the ticket that he was citing me for speeding but never mentioned the double white line, until I read it.

Was not a correctable offense so that had me a little worried the outcome would be. Anybody have any experience running into a non-citable offense?

Thank you

 

[Zigner]

Was not a correctable offense so that had me a little worried the outcome would be. Anybody have any experience running into a non-citable offense?

Thank you

Don't really understand your question. Speeding is not a "correctable" offense. Crossing the carpool line would also not be a "correctable" offense. A "correctable" offense is something along the lines of a broken tail light, etc.
What do you mean by "non-citable offense?"

 

[spongaweb]

Well I got my notice in the mail and thought I would keep this one thread going.

The citation number they have noted on here is '25918HT' covering the area in the LA superior court, although the ticket was written by a CHP officer.

My question has to do with the citation and what it covers?

Thank you and sorry for the confusing questions earlier on.

 

[I_Got_Banned]

The citation number they have noted on here is '25918HT' covering the area in the LA superior court, although the ticket was written by a CHP officer.

Citations that are numbered with 5 digits followed by 2 letters are in fact those written by the CHP; and they are always referred to the Superior Court for that particular area where the violation was committed... I'm not sure what you are inferring by your comment above!!!

My question has to do with the citation and what it covers?

You were cited for exceeding the 65 mph speed limit. The notation regarding 'crossing double white' was just that, a notation... The officer opted to give you a free break on that one; <-- be thankful!

You should also be thankful that the officer cited you for an alleged speed of 80mph. Considering the fact that it was an "estimate", the officer could have easily stated 81mph which would have made it 16 to 25 mph over the limit (instead of 1 to 15mph over the limit) thereby making the total fine amount $266 instead of the $146 that you are required to pay. ($ amounts are estimates).

My guess is that you can fight this citation based on the fact that California courts do not take judicial notice to visual speed estimation unless it is supported by a Radar reading OR a "Pace". But I'm sure I'll hear some arguments on that.

Fact is, to fight it on your own would require quite a bit of research and to hire an attorney, would cost you more than the fine amount + the $39 traffic school surcharge. So the decision is yours.

Good luck!