California Speeding Ticket

[Luckyword]

I received a Speeding Ticket (22349(a)) from a CHP in California where I live in early December. He wrote me down for 80 in a 65. I made the statement that I know I should slow down, but can he give me a break. When he came back to the car, with the ticket, he said he wrote me down for 5 less than he observed me, that is, he wrote 80. I suspect he didn't use radar, and was simply trailing me a short distance. It seemed like a very short distance that I saw him in my rear view mirror. I filed an Informal Discovery Request, requesting his notes, and any audio or video recording of the stop. My court date is early March and the amount is $158. I already went to traffic school in the past 18 months, in early '08, and don't have anything on my record. I'd love to resolve this by paying the fine and going to traffic school, if possible. So I'm thinking of fighting the ticket by written declaration, and ask that, should they find me guilty, they reduce the fine and let me go to traffic school. I'm also thinking of motioning to dismiss if after 15 days they don't respond to the Informal Discovery. Please advise. Thanks.

 

[Jim_bo]

You can't get a dismissal if they don't respond to discovery in 15 days. And just who is did you send the discovery request to??

If you do a TBWD... do NOT say anything about "should you find me guilty" or traffic school. These things are bad enough about being rubber stamped "guilty"... don't encourage it.

 

[I_Got_Banned]

As far as the dismissal, I agree with JIM-bo-in-CA.

You can motion all you want but a dismissal is not the first remedy the court will opt to if they don't respond to your informal discovery request (re-read PC 1054); especially if you didn't send it to all 3 parties, the DA, the City Attorney AND the CHP.

You might want to skip the TBD and just appear at your arraignment and ask for the 12-hour traffic school. It will still show a conviction on your record but it will not add any points. Additionally, it will not reduce the fine and just like the 8 hour traffic school, it will cost you the additional $39 court administrative fee to qualify.

 

[Luckyword]

Skipping the TBD

I'd be willing to do traffic school and pay the fine. So it sounds like in order to possibly get that I'd need to request it at arraignment...which I'm willing to do. But couldn't I just instead request traffic school on a TBD? That way I'd save a trip to the courthouse...could that possibly work?

 

[Zigner]

I'd be willing to do traffic school and pay the fine. So it sounds like in order to possibly get that I'd need to request it at arraignment...which I'm willing to do. But couldn't I just instead request traffic school on a TBD? That way I'd save a trip to the courthouse...could that possibly work?

The 12 hour traffic school isn't a given...

 

[I_Got_Banned]

The 12 hour traffic school isn't a given...

What Zigner means is that not every court offers the 12-hour traffic school... Some Judges offer it as an option while others don't.

So you must appear in court before a judge, plead guilty and ask for the 12 hour traffic school. My advice would be to call the court and ask them if the "12 hour traffic school" AKA "2nd-time violator school" is offered there.