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03-30-2005, 08:19 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 18
| | | Is this possible with a 22348b?
What is the name of your state? CA
I received a 22348b infraction for going exactly 100 mph. I am a minor with clean record. I have talked to many lawyers. Some have said they can talk to the judge off the record and try to bring it down to a 1 point offense in hopes of traffic school. Others say this is not possible so we have to plead not guilty and go to trial. Anyone know what is true and what isn't? Any advice?
Last edited by rescuer87; 03-30-2005 at 08:25 PM.
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03-31-2005, 03:09 PM
| | Member | | Join Date: Feb 2005 Location: Virginia
Posts: 133
| | | If a lawyer told you that he could talk to the judge and get him to lower the fine or dismiss the citation "off line," run away from him. Talk to the lawyers that say you need to go to trial. These are the guys that are telling you the truth. |
03-31-2005, 03:23 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,430
| | Quote: |
Originally Posted by rescuer87 What is the name of your state? CA
I received a 22348b infraction for going exactly 100 mph. I am a minor with clean record. I have talked to many lawyers. Some have said they can talk to the judge off the record and try to bring it down to a 1 point offense in hopes of traffic school. Others say this is not possible so we have to plead not guilty and go to trial. Anyone know what is true and what isn't? Any advice? | The offense would have to be dropped a long way. Is it possible? Sure. Is it likely? Probably not.
The DA's office generally handles possible pleadings for traffic offenses even though they are not involved in the court prosecution. Try the DA's office to see if there is someone you can talk with.
Lacking that, yuo can always go to court and hope that the officer doesn't show up. But bring that checkbook with you!
- Carl
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A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
03-31-2005, 05:35 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 18
| | | They said they could talk to the comissioner or something like that and plead for a reduced offense. Does the comissioner have the power to give me a reduced charge or would I need to plead not guilty, therefore trial. Is the comissioner the same as the DA? Any input is appreciated. Sorry for my ignorance. |
03-31-2005, 09:01 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,430
| | Quote: |
Originally Posted by rescuer87 They said they could talk to the comissioner or something like that and plead for a reduced offense. Does the comissioner have the power to give me a reduced charge or would I need to plead not guilty, therefore trial. Is the comissioner the same as the DA? Any input is appreciated. Sorry for my ignorance. | The judge in your case will either be a commissioner/judge pro tem (i.e. an assigned part time, temporary judge), or a full judge. Usually, you will go before a judge pro tem.
What they really have the power to do, I am not sure. I HAVE seen them permit people to plea to lesser offenses but this may vary widely based upon the court and the knowledge and desire of the judge pro tem.
The DA is the prosecutor. He won't be in traffic court, but their office usually oversees the filings to the court. If you want to plea, you may consider calling them first. Or, if you have a few dollars, speak with an attorney as to your options.
- Carl
__________________
A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
03-31-2005, 09:36 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 18
| | | I am probably going to get an attorney but would there be any harm in calling them? Do I plead over the phone? How would this work? Thanks |
04-04-2005, 01:08 AM
| | Junior Member | | Join Date: Feb 2005
Posts: 18
| | | anyone have suggestions? | |
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