California ticket, does anyone know??

[tne]

What is the name of your state? CA
I recieved a ticket yesterday going 65 in a 55 pulling a trailer the cop states THE PLANE got me. Well does anyone know what the amount of this ticket will be? I have a class A and do not want it on my license. thanks N

[CdwJava]

Originally Posted by tne

I recieved a ticket yesterday going 65 in a 55 pulling a trailer the cop states THE PLANE got me. Well does anyone know what the amount of this ticket will be? I have a class A and do not want it on my license. thanks N

What is the code section of the violation?

- Carl

[Jim_bo]

Originally Posted by tne

What is the name of your state? CA
I recieved a ticket yesterday going 65 in a 55 pulling a trailer the cop states THE PLANE got me. Well does anyone know what the amount of this ticket will be? I have a class A and do not want it on my license. thanks N

If you don't want it on your license, then what does it matter what the amount the ticket will be??

If you really want help with your ticket, you are going to have to put down all of the details of the ticket here. You can't just say "I got a ticket" and expect that to be enough information.

Jimbo

[tne]

ok sorry geez

i didnt know...


correctable violation box NO was x
the code # 22406(a)vc
box I = infraction was circled.
AIRCRAFT was noted

[CdwJava]

This is what you were cited for:


22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.

It is not correctable, it is an infraction, and I believe it is worth 1.5 points on your commercial license. I am not entirely familiar with the laws for commercial drivers, but even traffic school may not keep it off your record. I would recommend consulting an attorney to determine your options to keep it off your record.

- Carl

[Jim_bo]

Originally Posted by tne

ok sorry geez

i didnt know...


correctable violation box NO was x
the code # 22406(a)vc
box I = infraction was circled.
AIRCRAFT was noted

Was radar or laser used? How was speed determined?
Was the cop in full uniform and a marked patrol car?
What kind of road were you on? 2 lane? 4 lane?
What was the posted speed limit?
What kind of vehicle were you driving? Car? Truck? SUV?


A class A license is not a commercial license, so traffic school is an option. If you want to do traffic school... great. If you are willing to work a bit, you may be able to beat it. That's the best way to keep it off of your record. Answer the questions above and let's see what happens.

[CdwJava]

Originally Posted by Jim_bo

Was radar or laser used? How was speed determined?

He already wrote that ... Airplane.

Was the cop in full uniform and a marked patrol car?

Test question: Which of those is required? Or are both/any required?

What kind of road were you on? 2 lane? 4 lane?

Irrelevent to the violation.

What was the posted speed limit?

Let me guess ... uh ... 55? Since the violation was for driving a three-axle vehicle in excess of 55 MPH, one can infer a few things from that. That, and he said he was cited for doing 65 in a 55.

What kind of vehicle were you driving? Car? Truck? SUV?

See above.

A class A license is not a commercial license, so traffic school is an option.

Class A and B licenses are commonly referred to as "commercial" licenses due to the nature of the vehicles they allow for operation .. including "commercial" vehicles. Though there is also a "commercial" class C license as well.

They also result in 1.5 times the points for the violation.

As for the traffic school ...

CVC 42005 (c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.

- Carl

If you want to do traffic school... great. If you are willing to work a bit, you may be able to beat it. That's the best way to keep it off of your record. Answer the questions above and let's see what happens.[/quote]

[tne]

THANKS FOR READING BETWEEN THE LINES CARL : )

ok I feel an arguement coming on from everyone else but me. Class A license not commercial all that time and money waisted?!! WELL THEN, WHAT license do you have to have - to operate a Commercial truck JIMBO! ??! I HAVE HAD IT MOST MY LIFE, DO YOU EVEN DRIVE?

I hear its over $300 for this ticket and I hope I will have time to seek the courts descision to either take it off my record and/ or go to traffic school. 1 in every forum....
thanks for your help...

[CdwJava]

The recommended fine for this violation (pursuant to the CA Uniform Bail Schedule) is $380 if 10+ miles over. If it is 1-9 MPH over, the fine is $190. Perhaps you can plead to a lower speed.

- Carl

[Jim_bo]

Originally Posted by CdwJava

He already wrote that ... Airplane.


Test question: Which of those is required? Or are both/any required?


Irrelevent to the violation.


Let me guess ... uh ... 55? Since the violation was for driving a three-axle vehicle in excess of 55 MPH, one can infer a few things from that. That, and he said he was cited for doing 65 in a 55.


See above.


Class A and B licenses are commonly referred to as "commercial" licenses due to the nature of the vehicles they allow for operation .. including "commercial" vehicles. Though there is also a "commercial" class C license as well.

They also result in 1.5 times the points for the violation.

As for the traffic school ...

CVC 42005 (c) Pursuant to Title 49 of the Code of Federal Regulations, the
court may not order or permit a person who holds a class A, class B,
or commercial class C driver's license to complete a licensed traffic
violator school, a licensed driving school, or any other
court-approved program of driving instruction in lieu of adjudicating
any traffic offense committed by the holder of a class A, class B,
or commercial class C driver's license.

- Carl

If you want to do traffic school... great. If you are willing to work a bit, you may be able to beat it. That's the best way to keep it off of your record. Answer the questions above and let's see what happens.

42005(c) is a relatively new statute. I didn't know it was out yet. Other than that... you are a royal dickhead.

Was radar or laser used? How was speed determined?
Airplane? You are a dumbass. If he used radar, it could lead to a speed trap defense.

Was the cop in full uniform and a marked patrol car?

VC 40804(b) Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.

So, this is NOT an irrelevant question.

What kind of road were you on? 2 lane? 4 lane?
What was the posted speed limit?

If the posted speed limit was not a maximum speed limit, then the limit would have to be justified by a traffic engineering survey. This is frequently a great defense.

What kind of vehicle were you driving? Car? Truck? SUV?
1. He never said he was in a 3 axle vehicle.
2. 55 mph is the maximum speed limit allowed for a vehicle towing a trailer regardless of the posted limit. However, if the posted limit is a prima facie limit vice a maximum limit then he is still protected by the speed trap laws.
3. 22406(a) is for pulling a trailer (vehicle) with a truck. 22406(b) is for pulling a trailer with a passenger vehicle. It is very possible the cop wrote him for the wrong section of the vehicle code. This defense is a bit thinner than the others I was exploring, but it is a valid defense nonetheless.


Are you really a California Cop as your signature suggests?? If so, then you are a pretty crappy one as the defenses I was suggesting are pretty basic and should be very familiar to any California cop.

WELL THEN, WHAT license do you have to have - to operate a Commercial truck JIMBO! ??! I HAVE HAD IT MOST MY LIFE, DO YOU EVEN DRIVE?

tne, if are just a jerk and you don't want help... then why the hell did you ask for it?



.

[CdwJava]

Originally Posted by Jim_bo

42005(c) is a relatively new statute. I didn't know it was out yet.

"Relatively new"? Hmm ... I thought it's been out a few years.

Other than that... you are a royal dickhead.

Wow! I'm hurt!

Feel better now?

Airplane? You are a dumbass. If he used radar, it could lead to a speed trap defense.

If you read the original post you will read: "airplane". Ergo, radar is not likely an issue here. Even if it was I seriously doubt thnat the major highways indicated have not been surveyed recently. But, ya never know.

VC 40804(b) Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.

So, this is NOT an irrelevant question.

I never said it was irrelevent. However, please note the term "while on duty for the exclusive or main purpose" of enforcing the provisions of Div 10 and 11. If he was on traffic enforcement duty, he WAS wearing the uniform and the appropriately marked vehicle. Since this was obviously the CHP, and they never run "plain wrapper" cars on traffic enforcement, this will be a non-issue.

If the posted speed limit was not a maximum speed limit, then the limit would have to be justified by a traffic engineering survey. This is frequently a great defense.

Not relevent to commercial vehicles.

What kind of vehicle were you driving? Car? Truck? SUV?
1. He never said he was in a 3 axle vehicle.

The violation was for driving a 3 axle or greater vehicle. if he was driving a car, then the violation is incorrect. I'm gonna guess that when he says he was "pulling a trailer" (original post) he was referring to his operation of a tractor-trailer rig.

2. 55 mph is the maximum speed limit allowed for a vehicle towing a trailer regardless of the posted limit. However, if the posted limit is a prima facie limit vice a maximum limit then he is still protected by the speed trap laws.

Not quite.

3. 22406(a) is for pulling a trailer (vehicle) with a truck. 22406(b) is for pulling a trailer with a passenger vehicle. It is very possible the cop wrote him for the wrong section of the vehicle code. This defense is a bit thinner than the others I was exploring, but it is a valid defense nonetheless.

Given the OP's recent replies, and the fact he has a class A license, I am operating under the assumption that this is a tractor trailer rig. If not, then the section could be wrong. I am sure the OP will clarify.

Are you really a California Cop as your signature suggests?? If so, then you are a pretty crappy one as the defenses I was suggesting are pretty basic and should be very familiar to any California cop.

Obviously, you are not familiar with operation of commercial vehicles on the freeway. Granted, I am not CHP so commercial enforcement is not my primary bailiwick, but some things are pretty basic. And under any other circumstances, or a basic speed violation, I'd agree that some of the issues might be worth exploring. However, given the section cited and the likelihood that this was a commercial vehicle, most of them are not likely relevant.

Oh, and actually, I'm a darn good cop and manager. Been one for many years.

Exactly what are YOUR credentials? And how familiar are you with CA law?

- Carl

[Jim_bo]

[quote=CdwJava;1549013]

If you read the original post you will read: "airplane". Ergo, radar is not likely an issue here. Even if it was I seriously doubt thnat the major highways indicated have not been surveyed recently. But, ya never know.

Use of Radar, laser, or any other electronic device used to measure speed is very relevant to a speed trap defense.



I never said it was irrelevent. However, please note the term "while on duty for the exclusive or main purpose" of enforcing the provisions of Div 10 and 11. If he was on traffic enforcement duty, he WAS wearing the uniform and the appropriately marked vehicle. Since this was obviously the CHP, and they never run "plain wrapper" cars on traffic enforcement, this will be a non-issue.

If you are interested in ignoring possible defenses.... that's fine. But it is really poor advice to just shut a door without exploring opportunities.



Not relevent to commercial vehicles.

Now you are just wrong. If you can show me any section of the vehicle code or any case law that says a commercial vehicle is not protected by speed trap laws, then I'll retract my statement.


The violation was for driving a 3 axle or greater vehicle. if he was driving a car, then the violation is incorrect. I'm gonna guess that when he says he was "pulling a trailer" (original post) he was referring to his operation of a tractor-trailer rig.

The section he was charged with states: A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.. The three axle reference only is relevant if he is not pulling a trailer. Since the OP was pulling a trailer, he didn't necessarily have to in a 3 axle vehicle.


Not quite.

Once again... you are just wrong.


Given the OP's recent replies, and the fact he has a class A license, I am operating under the assumption that this is a tractor trailer rig. If not, then the section could be wrong. I am sure the OP will clarify.

Class A licenses are issued for commercial and non-commercial purposes. Once again... you make a lot of assumptions.


Obviously, you are not familiar with operation of commercial vehicles on the freeway. Granted, I am not CHP so commercial enforcement is not my primary bailiwick, but some things are pretty basic. And under any other circumstances, or a basic speed violation, I'd agree that some of the issues might be worth exploring. However, given the section cited and the likelihood that this was a commercial vehicle, most of them are not likely relevant.

1. They are ALL relevant.
2. This is not a basic speed law violation.
3. Once again, you ASSUMED it is a commercial vehicle
4. Even if it IS a commercial vehicle, all of my points are still relavant.


Oh, and actually, I'm a darn good cop and manager. Been one for many years.

Judging by your lack of knowlege of the CVC and your quickness to assume many facts and make predetermined (and poor) judgements based on those assumptions.... I'd say this statement is arguable.

Exactly what are YOUR credentials? And how familiar are you with CA law?

I'm just some guy who knows how to read. Apparently I am more familiar with CVC than you are!! Bottom line is... like most cops, you appear to be more interested in convincing this guy that he should just try to plea down his case rather than defend himself. It is a lot easier to use little incentives like traffic school and reduced speeds to persuede motorists against going to court than it is to actually have to appear in front of a judge and be embarrassed because you really don't understand the laws you are trying to enforce.

[CdwJava]

Hey, knock yourself out, my friend. You think you know what your talking about, go ahead and think that. Your traffic school advice is evidence of your half-knowledge of the relevant statutes. READING them does not imply KNOWING them.

As for the OP, my original advice stands and I would recommend he consult an attorney that specializes in the defense of commercial violations. If he has a class A license to defend, then it is important that he get qualified legal advice.

- Carl

[The Occultist]

Originally Posted by Jim_bo

Since the OP was pulling a trailer, he didn't necessarily have to be pulling a trailer.

I'm sorry, this statement doesn't make any sense to me. Can you clarify what you mean, please?

[garrula lingua]

In all the times I've read Carl's responses (and they are plentiful), I don't believe he's EVER been wrong.

Jim_Bo, you sound as though you're just typing in questions from a book on How To beat Your ticket.

No book can substitute for hands-on experience and intelligence - attributes Carl has, and you don't.

Jimbo, find someone with a lot less creds than Carl to pick a fight with.