Justification for speeding/Legal Technicalities

[falcons37]

What is the name of your state (only U.S. law)? California

Can a cop write you a ticket if they are doing 76 and you pass them doing 80 in a 65 mph zone?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? California

Can a cop write you a ticket if they are doing 76 and you pass them doing 80 in a 65 mph zone?

Yes, a cop can write you a ticket if they are doing 76 and you pass them doing 80 in a 65 mph zone

 

[falcons37]

Thank you. You wouldn't happen to know about how common it is in Southern California for moving violations to be reduced to non-traffic violations or in regards to Florida if they put all out of state tickets on your driving record.

For background, I go to school in Southern California but have a Florida license. I am wondering if there is anyway I would be able to not have the points put on my license by the Florida DMV. I have looked online and on the Florida DMV website and it seemed to be semi-discretionary. I wasn't sure if anyone here had some more concrete information regarding either of these two questions.

 

[I_Got_Banned]

You wouldn't happen to know about how common it is in Southern California for moving violations to be reduced to non-traffic violations

It is extremely rare for that to happen in California. You may however, have the option of going to traffic school and having the citation dismissed, as in, not reported on your driving record. You would plead guilty, request traffic school, Pay the fine amount + the traffic school court fee + the traffic school enrollment fee, complete that requirement within the allotted period, submit the completion certificate to the court, and the citation is dismissed.

You should be receiving a courtesy notice from the court (approximately 3 weeks after the citation was issued. That will give you more details on how to proceed.

in regards to Florida if they put all out of state tickets on your driving record.

Both FL & CA are members in the NRVC. Members in that compact, share driver conviction information. So if you are found guilty id speeding in CA, that conviction is in turn reported to the FL DMV, which will apply the number of violation points to you FL driving record for a comparative violation under the FL code.

For background, I go to school in Southern California but have a Florida license. I am wondering if there is anyway I would be able to not have the points put on my license by the Florida DMV. I have looked online and on the Florida DMV website and it seemed to be semi-discretionary. I wasn't sure if anyone here had some more concrete information regarding either of these two questions.

BTW, if you are going to school in CA, then you are considered a CA resident. Therefore you should get you FL license changed to a CA license. I'm not sure whether the citing officer asked you about that but it can result in your receiving a citation if you continue to drive with a FL license.

 

[I_Got_Banned]

Just curious... How did you know he was doing 76???

 

[falcons37]

My understanding was that because I have residence in Florida it doesn't matter, and California insurance premiums are a lot higher than FL from what I have heard.

I was driving in the HOV lane, he was in the middle lane of the other three lanes. I was pacing him and hit a downhill, between the fact that I'm driving a large SUV and the five other people in the car (I was on the way to a race) the car picked up speed. When I realized it I slowed down, but obviously too late. He pulled me over.
When he came to my window he asked for license, registration and said "We were in a 65 mph zone I was doing 76 and you passed me so you were doing about 80 so I'm going to write you a ticket for speeding"

The ticket was written approximately 45 minutes away from where I live out here so I was going to request a change of venue on Monday, or as early as possible (apparently you're allowed to do that here, I'm not sure about other places), in the hopes that maybe he won't travel the extra distance to the local courthouse.

 

[I_Got_Banned]

My understanding was that because I have residence in Florida it doesn't matter, and California insurance premiums are a lot higher than FL from what I have heard.

Neither having a residence in FL (while residing in CA) nor the fact that insurance may be higher in CA will get you out of a ticket for driving without a CA license. Ultimately, the choice is yours.

I was driving in the HOV lane, he was in the middle lane of the other three lanes. I was pacing him and hit a downhill, between the fact that I'm driving a large SUV and the five other people in the car (I was on the way to a race) the car picked up speed. When I realized it I slowed down, but obviously too late. He pulled me over.
When he came to my window he asked for license, registration and said "We were in a 65 mph zone I was doing 76 and you passed me so you were doing about 80 so I'm going to write you a ticket for speeding"

I see...

The ticket was written approximately 45 minutes away from where I live out here so I was going to request a change of venue on Monday, or as early as possible (apparently you're allowed to do that here, I'm not sure about other places), in the hopes that maybe he won't travel the extra distance to the local courthouse.

Which California County were you cited in?

Regardless, my guess is that your motion for a change of venue will be denied. You should have asked the officer for it at the time the citation was issued.

I was on the way to a race

Let me guess... Auto Club (California) Speedway?

 

[falcons37]

haha ... cross country for my school

Last question would be if you knew if someone with a FL license could take traffic school in California to avoid a ticket? I'm going to call the DMV tomorrow but I'm a little impatient (as can be seen by the speeding)

 

[Zigner]

haha ... cross country for my school

Last question would be if you knew if someone with a FL license could take traffic school in California to avoid a ticket? I'm going to call the DMV tomorrow but I'm a little impatient (as can be seen by the speeding)

You can't avoid the ticket - you already got it!

 

[falcons37]

You can't avoid the ticket - you already got it!

To avoid it going on my driving record is what I meant.

 

[I_Got_Banned]

Last question would be if you knew if someone with a FL license could take traffic school in California to avoid a ticket? I'm going to call the DMV tomorrow but I'm a little impatient (as can be seen by the speeding)

Yes you can... BTW, the DMV will not answer your questions about the ticket. You should be calling the court instead. But even then, and assuming you just got the ticket today (or within the last 3 weeks), if it is not in the system, the court will not answer specific questions about it.

 

[falcons37]

Thanks for the help

 

[falcons37]

One more question

Sorry one more question, actually more of a clarification because I have been looking all day and can't find the information. (Columbus Day has made me wait another day to call the courts and get a definitive answer so this is my next best option.)

I have a FL license. From what I have read CA traffic school will wipe one ticket from your record every 18 months, so I was going to go to the court (or call, not sure exactly what the procedure is out here) and request traffic school in exchange for a guilty plea. Will they allow this because of the out of state license and not inform my home state?
Thanks again.

 

[I_Got_Banned]

Sorry one more question, actually more of a clarification because I have been looking all day and can't find the information. (Columbus Day has made me wait another day to call the courts and get a definitive answer so this is my next best option.)

Hahaaa...

Patience, is a vitrue.... And it might end up saving you a few buck on speeding tickets as well. Although its too late for this one.

I have a FL license. From what I have read CA traffic school will wipe one ticket from your record every 18 months, so I was going to go to the court (or call, not sure exactly what the procedure is out here) and request traffic school in exchange for a guilty plea. Will they allow this because of the out of state license and not inform my home state?
Thanks again.

Isn't that the same question that has been answered already?

Either way, let me answer again by giving you more details.

If you are convicted or if you plead guilty (and you do not take traffic school), then the court will record the conviction in your court file, report the conviction to the California DMV who will in turn report the conviction to the Florida DMV.

If on the other hand, you plead guilty, take and complete the traffic school requirement, submit the completion certificate to the court by the due date given to you by them, then the matter is dismissed at the court level; NOTHING is reported to the California DMV... So the California DMV will have nothing to report to the Florida DMV.

So yes, if California expects you to abide by its traffic laws, it has to offer you the same privileges it offers to California's drivers... Therefore, you are just as entitled to taking traffic school (to have a citation dismissed), the same way a driver with a California Driver's License does.

By the way, because of budget cuts, the California DMV as well as the courts are closed on Tuesdays...


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Just kidding...

 

[falcons37]

Yes it was the same question but I just wanted to make sure what I was being asked was understood so that I was sure I had the correct information before I started planning on what I was going to do. Thank you (I think that's about the fourth or fifth time but I mean it every time).