What is the name of your state (only U.S. law)? California
Hello All,
I was recently cited for CVC 22348(b) - exceeding 100 MPH. I was driving home to San Jose from Los Angeles on Interstate 5 in late August, going approximately 96 MPH (speed limit 70) on cruise control. I was too focused on the road to realize that a CHP officer was already behind me with his lights on and pulled over at around 5:30 PM. This is the first time I have been pulled over since I received my license in 2009 and of course I was extremely nervous. When the officer approached and asked me how fast I was going, I told him that I was not sure and was distracted by talking to friend in the passenger seat which, at the time, seemed like a good idea. The officer then tells me he was pacing me at 105. At that point I was flabbergasted. However, I did not want to argue with the officer and was so scared that I just signed the ticket and left. Looking back at it, it was stupid to say I was not sure how fast I was going when I was actually pretty well aware. Assuming the officer uses that line against me, I'm pretty much sunk, correct? When I got home and reviewed the ticket, I saw that he also circled radar. I received my courtesy notice today and will need to show up at the M Street Courthouse in Fresno for my arraignment in mid November. I am planning to contest this ticket. Had the officer written me up for a 22356(b), I would have gladly accepted my guilt. I am not, however, going to hand over $900 without a fight, for an infraction I'm sure I didn't commit. My plan is as follows:
1) File discovery request with the Fresno District Attorney.
2) Show up in court for arraignment and request a trial by written declaration.
3) Ask for a trial de novo if I lose the TWD.
At this point, I have several questions,
1) I am currently preparing a request for discovery following the template on 'Help! I got a ticket!' for both pacing and radar. Would it be wise for me to wait until perhaps October to send it in and hope that this somehow gives the prosecution less time to prepare or is it better to just send it in now?
2) If I get the discovery request back and the radar shows that I was going less than 100 MPH, do I stand a solid chance of fighting this ticket? I'm not sure how well my cruise control argument will hold up against the officer's pace, especially since I have no idea how long he was pacing me.
3) Would it be wise to argue that I was going ~96 MPH instead of 105? As I understand it, this would still be admitting guilt and in the case that I (miraculously) win the trial, they could still charge me for 22356(b).
4) It it possible to contact the DA and ask for a plea bargain in the reduced form of a 22356(b)? If so, could I send my request by mail instead of showing up in person? I do not want to make a 6 hour round trip if I can help it. As I understand it, I would have to do this before the arraignment and there is a very small chance of the DA making a plea bargain for traffic infractions.
5) How feasible is it to get a fine reduction or not get my license suspended from the judge for this charge? I come from a very low income family (we only make $2000 above poverty level) and paying this off will be quite a struggle. I also need my license to drive to school. I am taking 32 quarter units split between two schools and the bus schedule will not allow me to get to my classes on time. My mother is the only person that can drive me and she works full time. Please note that I am not trying to make an excuse for what I did. I know I broke the law and fully intend to pay for it. I'm just hoping that I could get the fine reduced and keep my license.
6) If I go to trial and lose, how much more would the fine differ than if I simply pleaded guilty or no contest?
I guess at this point, I'm really just hoping that the court will schedule my trial outside of the 45 speedy trial clock or that the officer doesn't show up. The spot I was pulled over is around 1.25 hours away from the courthouse and with the closing of around 7 courthouses in Fresno county, I'm hoping that the consolidation of courthouses overloads the court's trial calendar. I would also appreciate if you could please spare your criticism of me and keep the replies on topic to the question. I know what I did was stupid and dangerous. I severely regret what I did and have learned my lesson, without the hefty fine. The ticket has done it's job and made me into a much safer driver. You know car you were passing in the right lane earlier that was driving so safe that you swear it had to be a grandma? Nope, that was me! Anyway, I appreciate the time you have taken out of your day to read this and am looking forward to reading your advice.
Hello All,
I was recently cited for CVC 22348(b) - exceeding 100 MPH. I was driving home to San Jose from Los Angeles on Interstate 5 in late August, going approximately 96 MPH (speed limit 70) on cruise control. I was too focused on the road to realize that a CHP officer was already behind me with his lights on and pulled over at around 5:30 PM. This is the first time I have been pulled over since I received my license in 2009 and of course I was extremely nervous. When the officer approached and asked me how fast I was going, I told him that I was not sure and was distracted by talking to friend in the passenger seat which, at the time, seemed like a good idea. The officer then tells me he was pacing me at 105. At that point I was flabbergasted. However, I did not want to argue with the officer and was so scared that I just signed the ticket and left. Looking back at it, it was stupid to say I was not sure how fast I was going when I was actually pretty well aware. Assuming the officer uses that line against me, I'm pretty much sunk, correct? When I got home and reviewed the ticket, I saw that he also circled radar. I received my courtesy notice today and will need to show up at the M Street Courthouse in Fresno for my arraignment in mid November. I am planning to contest this ticket. Had the officer written me up for a 22356(b), I would have gladly accepted my guilt. I am not, however, going to hand over $900 without a fight, for an infraction I'm sure I didn't commit. My plan is as follows:
1) File discovery request with the Fresno District Attorney.
2) Show up in court for arraignment and request a trial by written declaration.
3) Ask for a trial de novo if I lose the TWD.
At this point, I have several questions,
1) I am currently preparing a request for discovery following the template on 'Help! I got a ticket!' for both pacing and radar. Would it be wise for me to wait until perhaps October to send it in and hope that this somehow gives the prosecution less time to prepare or is it better to just send it in now?
2) If I get the discovery request back and the radar shows that I was going less than 100 MPH, do I stand a solid chance of fighting this ticket? I'm not sure how well my cruise control argument will hold up against the officer's pace, especially since I have no idea how long he was pacing me.
3) Would it be wise to argue that I was going ~96 MPH instead of 105? As I understand it, this would still be admitting guilt and in the case that I (miraculously) win the trial, they could still charge me for 22356(b).
4) It it possible to contact the DA and ask for a plea bargain in the reduced form of a 22356(b)? If so, could I send my request by mail instead of showing up in person? I do not want to make a 6 hour round trip if I can help it. As I understand it, I would have to do this before the arraignment and there is a very small chance of the DA making a plea bargain for traffic infractions.
5) How feasible is it to get a fine reduction or not get my license suspended from the judge for this charge? I come from a very low income family (we only make $2000 above poverty level) and paying this off will be quite a struggle. I also need my license to drive to school. I am taking 32 quarter units split between two schools and the bus schedule will not allow me to get to my classes on time. My mother is the only person that can drive me and she works full time. Please note that I am not trying to make an excuse for what I did. I know I broke the law and fully intend to pay for it. I'm just hoping that I could get the fine reduced and keep my license.
6) If I go to trial and lose, how much more would the fine differ than if I simply pleaded guilty or no contest?
I guess at this point, I'm really just hoping that the court will schedule my trial outside of the 45 speedy trial clock or that the officer doesn't show up. The spot I was pulled over is around 1.25 hours away from the courthouse and with the closing of around 7 courthouses in Fresno county, I'm hoping that the consolidation of courthouses overloads the court's trial calendar. I would also appreciate if you could please spare your criticism of me and keep the replies on topic to the question. I know what I did was stupid and dangerous. I severely regret what I did and have learned my lesson, without the hefty fine. The ticket has done it's job and made me into a much safer driver. You know car you were passing in the right lane earlier that was driving so safe that you swear it had to be a grandma? Nope, that was me! Anyway, I appreciate the time you have taken out of your day to read this and am looking forward to reading your advice.
