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Need advice and info on speeding ticket.

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PatrickCa

Junior Member
What is the name of your state? California

I was driving to Los Angeles from Vegas on the I-15 and I was speeding. A CHP came behind me with the sirens on and my girlfriend and I looked down at speedometer and it showed that I was going 85 mphs (70 mph is the speed limit). I pulled over and rolled down my window. However, he went over to the passenger side and tapped on the window. My girlfriend opened her door and he immediately reached for his gun and told her to close the door and roll down the window. To say the least, we were pretty terrified. When the window came down, I immediately tried to apologize for speeding, but he wouldn’t have any of it. He told us that I was driving over a hundred miles per hour (101 mph) and that he had the option to arrest me and have me sit in jail until Monday (it was Friday). He said that my car could be towed and impounded. My girlfriend and I both sat there completely shocked. He then asked me if my window was rolled down and I responded, “yes sir.” He seemed very agitated and annoyed and told me to roll up my window and that he would repeat everything he just said. I immediately rolled up my window. He repeated everything and added that he might not arrest me, but it would depend on how cooperative I am. He walked away from my car and wrote up the citation. He came back and told my girlfriend that I could have killed us both and that she needs to monitor me. He told me that he would not arrest me, but was giving my information to the CHP and have them monitor me the rest of the way to Los Angeles. He said that if I drove one mile per hour over 70 that I would be arrested. He told me that I was in very serious trouble. We drove the rest of the way home (to Los Angeles) in the slow lanes behind big rigs.

Some more background information: We left Vegas at four and I received the ticket outside of Baker at 5:30, which is approximately 90 miles away. There was a car ahead of me that was traveling much faster than me. I have been driving for 13 years and have never received a speeding ticket in my life. I’m Asian and drive an Acura Integra. On the I-15, there are these speed radar checks. When I was driving behind the trucks at 60 miles per hour, one of them flashed “25 mph, Slow Down.” The citation violation is 22348(b)vc Exceeding 100 mph.

I’m very concerned and have some questions. Is there any explanation of why his radar unit had me at 101, when my speedometer showed 85? Is the radar unit’s recording stored somewhere and can it be viewed as public records (the radar unit number is listed on the citation)? The court venue is located in Barstow, but I live in Los Angeles. Is there anyway that I could change the court venue? What sort of penalties am I looking at (the CHP only told me that I am in very serious trouble)? If I’m facing steep fines, are there ways to get them reduced (I work at a non-profit Children’s Hospital and don’t make that much money)? I appreciate any advice on how to fight this citation or which direction I should take with this citation. Is this citation worth fighting or is it a pretty hopeless case (I don’t want to drive all the way to Barstow and miss work to find out that there is no possibility of winning)? I’m sorry for making this post long, thank you for taking the time to read it.

Patrick
 


FlyingRon

Senior Member
How high does your speedometer go? Mine only goes to 85. Above that I don't know how fast I'm really going.
 

JETX

Senior Member
I was driving to Los Angeles from Vegas on the I-15 and I was speeding. A CHP came behind me with the sirens on and my girlfriend and I looked down at speedometer and it showed that I was going 85 mphs (70 mph is the speed limit). I pulled over and rolled down my window. However, he went over to the passenger side and tapped on the window. My girlfriend opened her door and he immediately reached for his gun and told her to close the door and roll down the window. To say the least, we were pretty terrified. When the window came down, I immediately tried to apologize for speeding, but he wouldn’t have any of it. He told us that I was driving over a hundred miles per hour (101 mph) and that he had the option to arrest me and have me sit in jail until Monday (it was Friday). He said that my car could be towed and impounded. My girlfriend and I both sat there completely shocked. He then asked me if my window was rolled down and I responded, “yes sir.” He seemed very agitated and annoyed and told me to roll up my window and that he would repeat everything he just said. I immediately rolled up my window. He repeated everything and added that he might not arrest me, but it would depend on how cooperative I am. He walked away from my car and wrote up the citation. He came back and told my girlfriend that I could have killed us both and that she needs to monitor me. He told me that he would not arrest me, but was giving my information to the CHP and have them monitor me the rest of the way to Los Angeles. He said that if I drove one mile per hour over 70 that I would be arrested. He told me that I was in very serious trouble. We drove the rest of the way home (to Los Angeles) in the slow lanes behind big rigs.
A lot of blah-blah and whining... but nothing illegal or improper at all. Lately there have been a LOT of officers killed during highway stops by getting hit by vehicles. I don't blame the officer at all from 'conducting his business' from the passenger side of the vehicle.

Some more background information: We left Vegas at four and I received the ticket outside of Baker at 5:30, which is approximately 90 miles away. There was a car ahead of me that was traveling much faster than me. I have been driving for 13 years and have never received a speeding ticket in my life. I’m Asian and drive an Acura Integra. On the I-15, there are these speed radar checks. When I was driving behind the trucks at 60 miles per hour, one of them flashed “25 mph, Slow Down.”
Not relevant.

The citation violation is 22348(b)vc Exceeding 100 mph.
I’m very concerned and have some questions. Is there any explanation of why his radar unit had me at 101, when my speedometer showed 85?
Yep. The obvious one is that you were doing 101 at the time the officer saw you.

Is the radar unit’s recording stored somewhere and can it be viewed as public records (the radar unit number is listed on the citation)?
No.

The court venue is located in Barstow, but I live in Los Angeles. Is there anyway that I could change the court venue?
Unlikely. Ask the court.

What sort of penalties am I looking at (the CHP only told me that I am in very serious trouble)?
Excessive Speed and Designated Lane Use

22348. (a) Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.

(b) A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:

(1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.


If I’m facing steep fines, are there ways to get them reduced (I work at a non-profit Children’s Hospital and don’t make that much money)?
Get a local attorney (in Barstow).
Oh, and if you don't have the money to pay the fines, learn to drive safely and obey the laws.

Is this citation worth fighting or is it a pretty hopeless case (I don’t want to drive all the way to Barstow and miss work to find out that there is no possibility of winning)?
Depends on how you define 'winning'. If you think this entire ticket will disappear or you can do anything on your own without an attorney, plead guilty and pay the fine. If you think 'winning' is to somehow bargain to a lesser charge and penalty, hire an attorney.
 

PatrickCa

Junior Member
A lot of blah-blah and whining... but nothing illegal or improper at all. Lately there have been a LOT of officers killed during highway stops by getting hit by vehicles. I don't blame the officer at all from 'conducting his business' from the passenger side of the vehicle.
I am sorry for blah-blah and whining. I have never been in a situation like this before and did not know that it was appropriate for the CHP to threaten to arrest me and have my car impounded when I was being completely polite. I have no problems with the officer conducting his business on the passenger side and I was unaware that numerous officers were killed during high way stops. However, like you, the officer seemed very annoyed that neither my passenger nor I understood the normal procedure for the CHP to come from the passenger side (had the wrong window rolled down, engine turned off, etc.).


Not relevant.
It is not relevant that there was a van driving much faster than me that was ahead of me? There is no chance that the radar read of a 101 was on the wrong car?

Yep. The obvious one is that you were doing 101 at the time the officer saw you.
I fully admit that I was speeding, but I strongly believe that I was never driving anywhere near a 100 miles per hour during the entire trip. I have a perfectly clean driving record and would not even drive my car over 90 miles per hour. I can tell by your responses that you have already deemed me guilty of the infraction. Hopefully, the judge doesn’t show the same bias as you, although I know it’s highly unlikely.
 

Zigner

Senior Member, Non-Attorney
However, like you, the officer seemed very annoyed that neither my passenger nor I understood the normal procedure for the CHP to come from the passenger side (had the wrong window rolled down, engine turned off, etc.).
I just want to touch on this...
The officer was annoyed (actually, scared, in a professional sense) that the passenger of the vehicle decided to exit the vehicle as he stood there. That was her mistake...
 

JETX

Senior Member
It is not relevant that there was a van driving much faster than me that was ahead of me? There is no chance that the radar read of a 101 was on the wrong car?
It COULD be relevant... of course to be so, you would need to be able to offer some type of PROOF that the van existed, that it was ahead of you and that it was going 101 mph.
So, what proof DO you have?? :D

I have a perfectly clean driving record and would not even drive my car over 90 miles per hour.
Sounds like an absolutely SOLID defense. Be sure to tell that to the judge.

I can tell by your responses that you have already deemed me guilty of the infraction. Hopefully, the judge doesn’t show the same bias as you, although I know it’s highly unlikely.
Take LOTS of money when you go to court... oh, and be sure to bring another driver so that you can get home. :D
 

PatrickCa

Junior Member
I just want to touch on this...
The officer was annoyed (actually, scared, in a professional sense) that the passenger of the vehicle decided to exit the vehicle as he stood there. That was her mistake...
I agree with you. It was my fault because I turned off the engine (I thought that I was suppose to) and she wasn't able to roll down the power window, so she opened the door to hand him my license and registration. We were both very scared and were both very polite with the CHP. Is it normal for the CHP to threaten to take a person to jail for three days and impound their car for driving 101 mph?
 
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PatrickCa

Junior Member
It COULD be relevant... of course to be so, you would need to be able to offer some type of PROOF that the van existed, that it was ahead of you and that it was going 101 mph.
So, what proof DO you have?? :D


Sounds like an absolutely SOLID defense. Be sure to tell that to the judge.


Take LOTS of money when you go to court... oh, and be sure to bring another driver so that you can get home. :D
Do you get some sort of thrill out of being degrading and condescending to people on a legal advice forum? :)
 

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