court date for exhibition of speed - help!

[lochenjons]

So i chirped my tires maybe a LITTLE too long (not intentionally) making a u-turn in a parking lot. Rangers came out of nowhere about 30 seconds later and said "oh it's you again" and wrote me a ticket. My court date is the 28th of this month.

These same guys ran into us the prior two days. Two days before, we parked at the beach in a permit only zone. He told us either we pay for a day pass or get a ticket. so we all paid for a day pass.

So i'm thinking this is two points on my license if i get convicted. I already have a speeding ticket from almost two years ago and i got convicted for speeding about 2 1/2 years ago but that was taken off my record thanks to traffic school.

I'm a volunteer at a local fire department and was talking to my captain the other night, he said that two points is the maximum you can have and still be a volunteer. If i get convicted, I get 3 points and I'm out. I've put in too much work to let it go that easily for some dumb ticket.

Is there anything I could ask the judge to do for me to not get convicted? I'm fine with going to traffic school (can you do that for exhibition of speed?) I really need to win this and I don't know what to do. Is a public defender available for such a case? I also have a witness (and a fellow volunteer with the same company) who was in the truck at the time of the citation who can vouch for me that it wasn't blatantly intentional, would this help in my court case? Any help would be very appreciated!

A friend of mine got convicted of a felony and they dropped the charge "in the interest of justice" because he was entering the marines. Is this something they could do for me?

[CdwJava]

What state is this in and what was the code section of the violation?

- Carl

[lochenjons]

sorry. California in santa cruz county. The department of parks and recreation issued a CVC23109(c) . they issued it as a misdimeanor too

[HighwayMan]

You keep throwing this volunteer firefighter issue out there but you have an awful lot of run-ins with the police.

Two speeds within about 6 months? Obviously the police are not impressed with your firefighter status. Maybe you should be a bit more careful with your driving.

[lochenjons]

Appreciate the tip, but i don't know many people with a perfect driving record - no one's perfect. Would like to beat this ticket that's all.

[CdwJava]

Here is your violation:

23109(c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.

The total of fines and fees should be about $358 and it is a two point hit to your license. Yes, you can go to traffic school. No, the judge cannot lower the charge he or she can only drop the fine a few dollars. If the local DA's office handles these in any way, you might be able to ask for a deal to a lesser offense, but there really is not one that they can lower it to because you were in a parking lot and not on the roadway.

However, the good news is that if this was IN a parking lot, then the section you were cited for should not apply. You were not ON a "highway"
as required in the offense. You were in an offstreet parking facility.

The "parking lot" of a public park is also not a "highway." (Lopez (1987) 197 Cal.App.3d 93.)

The ranger should have considered citing you for 23103(b). As it is, you might be able to prevail simply by showing that the code section does not apply.

Also, note that you can get your car impounded for this violation so you had better learn that in the future it will benefit you to keep the clutch and the accelerator in control.

- Carl

[I_Got_Banned]

Carl, a couple of questions...

First, and although a violation of 23109(c) is not listed as one being excluded from traffic school eligibilty (CVC 42005(d)), it still is a 2 point violation... Is it not a general rule that 2 point violations are not eligible for traffic school?

Second, with this being written up as a misdemeanor, and although I do realize that it may be handled as an infraction (as per PC 19.8).... But doesn't the misdemeanor part mean that it gets reviewed by a prosecutor? And if so, wouldn't that suggest the possibility that:

A) that it can be filed as a misdemeanor (which, upon conviction, may not only result in a higher fine ($445 according to the Uniform Bail Schedule) PLUS it can possibly lead to some jail time (per VC23109(i))... And...

B) that it might possibly get amended to 23103(b) before it is filed?????

[CdwJava]

Originally Posted by I_Got_Banned

Carl, a couple of questions...

First, and although a violation of 23109(c) is not listed as one being excluded from traffic school eligibilty (CVC 42005(d)), it still is a 2 point violation... Is it not a general rule that 2 point violations are not eligible for traffic school?

I believe that while court rules might not permit it to be offered by the clerk, 23109 is not prohibited from traffic school per 42005 ... but, I'm on a netbook jacked into my phone, so surfing is annoying and slow right now.

Second, with this being written up as a misdemeanor, and although I do realize that it may be handled as an infraction (as per PC 19.8).... But doesn't the misdemeanor part mean that it gets reviewed by a prosecutor?

That depends on the local procedure. In my county, it goes to the DA who will then decide to kick it off to the court as an infraction or pursue it as a misdemeanor. Most often these are pursued as infractions unless we are dealing with a true miscreant driver.

A) that it can be filed as a misdemeanor (which, upon conviction, may not only result in a higher fine ($445 according to the Uniform Bail Schedule) PLUS it can possibly lead to some jail time (per VC23109(i))... And...

B) that it might possibly get amended to 23103(b) before it is filed?????

Both are possible. But, I have been at this for many years and have yet to see one actually charged in a criminal department o fthe Superior Court. These are typically handled in traffic court and thus as infractions.

Too often these sorts of cases are not reviewed too extensively before filing. Plus, I don't know if a Park ranger is going to fathom the difference immediately between 23103 and 23109, so a supervisor may not catch it. The court is not likely to kick it back as the wrong one, so if not caught at the agency, it's going to be filed as written.

- Carl

[lochenjons]

This information is new to me and it helps a lot. Thanks for the replies so far

[Jim_bo]

Dude... Carl has tossed you a bone. He is right about his interpretation of "highway". Don't even worry about traffic school. You need to be going for a dismissal.

[lochenjons]

I have my testimony all written out. If you guys want to see it I will post the whole thing for you to read. What would proper attire be for me? I was going to wear a button up shirt but my friend who is coming as a witness said we should both wear our station fire shirts. Which would be better?

[Jim_bo]

Originally Posted by lochenjons

I have my testimony all written out. If you guys want to see it I will post the whole thing for you to read. What would proper attire be for me? I was going to wear a button up shirt but my friend who is coming as a witness said we should both wear our station fire shirts. Which would be better?

You are distracting yourself from where your focus should be...

[CdwJava]

Forget the T-shirt idea. Go for a proper button up shirt and tie.

As for your testimony, that is not as important as your cross examination of the Ranger. Be prepared to ask him to describe the scene where you chirped the tires, and ask him to describe it. You will be attempting to get him to describe it as a parking lot and to admit that it IS a parking lot. If possible, ask him if the location is a "highway" as described in the Vehicle Code. If he says "No" or "I am not sure," then that will help you.

After that is when you provide your testimony which will could include reading the code section, highlighting the elements and the definition of a highway,and then bringing up the Lopez decision:

[url=http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/197/93.html]FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code[/url]

There is a SLIM chance that a judge will take the broad definition of a highway as being a place of whatever nature that is used for vehicular traffic, but Lopez should hopefully shut that down.

- Carl

[lochenjons]

Thanks a lot for everyone's help especially Carl

Wish me luck I will post back with the results!

[Jim_bo]

I would modify Carl's post slightly. Unless it becomes absolutely necessary, I would NOT testify. You can make your point through cross examination. However, if you do not testify, then you won't have to answer any questions.