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cvc 22348 speeding ticket....

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lakers6902

Junior Member
What is the name of your state? CA (south california)
Hi I got a speeding ticket for cvc 22348 speeding over 100 mph on the freeway last week. I was going to plead not guilty on the charge of speeding over 100mph but plead guilty for breaking the speed limit of 65 mph. The cop paced me and said i was doing 110mph but i could of sworn my speedometer said 95mph but i am not sure. So i did some research and discovered that my speedometer is most likely off by alot considering i have a 94 honda civic and the stock tire size was a radius of 13" and now i have a radius of 18" which is a big difference. After talking to my friends at tire shops they all said that because of the bigger tire my speedometer will be saying that i am going slower then what i am. As in i could have been really doing but to my understanding i thought i was going slower, if i show proof of this and proof that i re-calibrated my speedometer will the judge mark me as not guilty for going over 100mph but still fine me as going 95mph? is this possible or will they judge just say that i should have had my speedometer calibrated after i got the new tires? Much help is greatly appreciated, thank you!
 


lakers6902 said:
What is the name of your state? CA (south california)
Hi I got a speeding ticket for cvc 22348 speeding over 100 mph on the freeway last week. I was going to plead not guilty on the charge of speeding over 100mph but plead guilty for breaking the speed limit of 65 mph. The cop paced me and said i was doing 110mph but i could of sworn my speedometer said 95mph but i am not sure. So i did some research and discovered that my speedometer is most likely off by alot considering i have a 94 honda civic and the stock tire size was a radius of 13" and now i have a radius of 18" which is a big difference. After talking to my friends at tire shops they all said that because of the bigger tire my speedometer will be saying that i am going slower then what i am. As in i could have been really doing but to my understanding i thought i was going slower, if i show proof of this and proof that i re-calibrated my speedometer will the judge mark me as not guilty for going over 100mph but still fine me as going 95mph? is this possible or will they judge just say that i should have had my speedometer calibrated after i got the new tires? Much help is greatly appreciated, thank you!

My response:

That is one the oldest dodges in the world. It's even older than, "Your Honor, I wasn't driving; it was my evil twin brother!" Traffic court judges hear this kind of crap all the time and, what the judge is going to do, is bind you over for trial, and set Bail at about $1,500.00. Then, you can bring all of your Experts and documentation to trial - - and spin the Wheel of Misfortune. Oh, bring your toothbrush, a change of underwear, and a tube of KY-Jelly would be a good idea.

IAAL
 

averad

Member
CALIF-LAWPRO32 said:
My response:

That is one the oldest dodges in the world. It's even older than, "Your Honor, I wasn't driving; it was my evil twin brother!" Traffic court judges hear this kind of crap all the time and, what the judge is going to do, is bind you over for trial, and set Bail at about $1,500.00. Then, you can bring all of your Experts and documentation to trial - - and spin the Wheel of Misfortune. Oh, bring your toothbrush, a change of underwear, and a tube of KY-Jelly would be a good idea.

IAAL
I think the OP should fight the ticket using the "My Folgers coffee can of an exhaust pipe caused my speedometer to slow down". I also like the "My custom (aka home printer) Honda racing decals make me look like I am going 100mph when I am really not".

Wheels do not make you go 100 in a 65, you should count your blessings that you do not live in Oregon.
http://www.katu.com/news/story.asp?ID=83269
 
averad said:
Wheels do not make you go 100 in a 65, you should count your blessings that you do not live in Oregon.
http://www.katu.com/news/story.asp?ID=83269

My response:

That's not really the writer's issue. He knows he was speeding. What he's trying to do is come up with some "viable excuse" or "reason" why he shouldn't go to jail for 30 days, on top of his fines. You see, in California, if you top out, or go over, 100 mph, it's an automatic 30 days. So, he's desperately trying to rationalize how he can get his "official" speed below 100 mph; i.e., that the trial judge will believe and hasn't heard before.

IAAL
 

garrula lingua

Senior Member
In So Calif. the usual for VC22348(b) is $500 plus penalty and assessment (total approx 1600) and a 30 day suspension of the drivers license. No jail - it's an infraction.

It is 2 points on DL.
 
garrula lingua said:
In So Calif. the usual for VC22348(b) is $500 plus penalty and assessment (total approx 1600) and a 30 day suspension of the drivers license. No jail - it's an infraction.

It is 2 points on DL.

My response:

Spoil sport!

I wanted this kid to shake in his boots when he walked into court. Can you imagine how many lives he placed at risk?

The punishment doesn't fit the crime - - I think you and I can agree on that.

IAAL
 

lakers6902

Junior Member
ha man you did scare me on the jail part, then the other guy said the fine and 30 day licence suspension and i looked it up and he was right. man i got really scared there for a second, ha. but answer to the other statement of putting people at risk.... That day the freeway was empty, there were a free trucks and cars but they were in the right lanes (4 lane freeway) and i was all the way on the left with my high beams on. So i was pretty far away from them but i was going over 100mph :( what im trying to do is prove i was going under 100mph
 
lakers6902 said:
ha man you did scare me on the jail part, then the other guy said the fine and 30 day licence suspension and i looked it up and he was right. man i got really scared there for a second, ha. but answer to the other statement of putting people at risk.... That day the freeway was empty, there were a free trucks and cars but they were in the right lanes (4 lane freeway) and i was all the way on the left with my high beams on. So i was pretty far away from them but i was going over 100mph :( what im trying to do is prove i was going under 100mph

My response:

I only wish CalTrans would install automatic, pop up, brick walls for idiots like you.

IAAL
 

garrula lingua

Senior Member
IAAL is right.

Some Judges also impound the car & some DAs increase the charge to a misdemeanor VC23103 Reckless Driving, which has jail time and probation.

In my area, court trials on this are hyped to a reckless. The Judges hate the over-100s; they are harsher on these tickets than many felonies (speed over 100 mph is implicated in many fatalities).

OP: you may be better off just pleading as charged. You are in no position to negotiate; everyone in the Judicial system hates reckless speeders who risk all our lives.
You do deserve jail time.
 

lakers6902

Junior Member
interseting, what area are you from? i was wondering, im going to plead for trial by decleration but wanted to know before i do this can i ask for traffic school and if the judge says no then ask for trail by decleration? or is this a no no in the court
 

Zigner

Senior Member, Non-Attorney
lakers6902 said:
ha man you did scare me on the jail part, then the other guy said the fine and 30 day licence suspension and i looked it up and he was right. man i got really scared there for a second, ha. but answer to the other statement of putting people at risk.... That day the freeway was empty, there were a free trucks and cars but they were in the right lanes (4 lane freeway) and i was all the way on the left with my high beams on. So i was pretty far away from them but i was going over 100mph :( what im trying to do is prove i was going under 100mph
I hate when people rationlize like this.
Ok, the people were in the right lane. Tell me, what would have happened if you were forced to swerve for any reason, then lost control of your car and ran right in to those trucks and/or cars?
 

lakers6902

Junior Member
well good thing i have a set of goodyear f1 series tires, a half roll cage, great suspension set up, and other bars such as a tie bar etc. cause then i would have survived and could have swirved then gain great control right after. ive been racing in the scca for a year now, and always take my car in controlled areas for turning, i think im prepared to handle something like that now gimmie my legal advice!
 

Pugilist

Member
Here's your legal advice. Don't try to handle it yourself. Get a lawyer.

(Before you hire a lawyer talk to at least 3, then sleep on it before you pick one.)

Pug
 

You Are Guilty

Senior Member
lakers6902 said:
well good thing i have a set of goodyear f1 series tires, a half roll cage, great suspension set up, and other bars such as a tie bar etc. cause then i would have survived and could have swirved then gain great control right after. ive been racing in the scca for a year now, and always take my car in controlled areas for turning, i think im prepared to handle something like that now gimmie my legal advice!
If you are under 21, (which, by all accounts, I would be willing to bet you are), you can expect a rather large built-in bias against you at court before you even open your mouth. Add in the fartcan Honda and 100+ ticket, you really may want to reconsider your plan here.
 

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