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At risk for lic. suspension? Appreciate anyone who can help me!!

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maxima08red

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

My state is California

I have to appear in traffic court charged with a violation: 22348(b) VC.

Backround: (lengthy explanation but I am not sure what is relevant information)

I was on my way to vacation in Southern California with my daughter. I left approx around 5... shortly before. I was pulled over around 8 - 3 hours into my drive and I still had over 3 hours left. This was my second time driving to this location; first time by myself (my daughter (8) in the back seat sleeping, so no witnesses). I realized that I was on I-5 and not highway 99, the freeway I was supposed to take because there are more stops and it was the one that i was drove on last time with my mother. I had no cell phone signal and I honestly panicked a little, alone on the road. I do not drive long distances - the most is 45 min. The officer pulled me over and said that I was going in and out of traffic and the ticket says he radar'd me at 101mph; I did not notice him until he was right behind me; I was looking for signs so that I could pull off the road to get gas. When I did look down to see how fast I was going when I noticed he was behind me I was going a little more than 85; which I was not proud of. Most of the communication with the officer was difficult because he kept saying he couldnt hear me d/t outside traffic noises and I am rather soft spoken; but he threatened to get me for child endangerment - which was scary! Could he do that?


I have been driving for approx 7 years: 1 ticket about 4 years ago (cleared with traffic school); but I have gotten 3 tickets in the last 6 months (bought a new red car, mistake!). The first 2 were on surface streets and they were rezoning and pulling over so many people in that area- it is an area near work. I did not fight those ticket (currently doing traffic school online for 1 and paid the other - so I have 1 point now on my license).


Anyhow, I CAN NOT have my license suspended (3 point consequence). I am a single mother, and night shift RN. I work approx 25 min from my home at quarter to 11pm and get off at quarter after 7am. So, public transportation isn't even an option at that time. I have to get home in the mornings after work to pick my daughter up from being watched overnight to get her ready for school. I am the SOLE provider for my household; I am the only means of transportation; it gets me to and from work and my daughter to and from school, and gets food and supplies for the household. I don't want to contest it because I cant keep taking time off work to appear in court. Working night shift and having court appointments during the day means losing 2 shifts, especially 3 hours out of town. I have to give up a shift just to drive the 3 hours to be in court at 8am. I am willing to pay a fine if there are no other options. But I have to get to work so that I can pay the fine; thus suspending my license would be BAD.

But how ironic is it that he has me going 101, 1 mile over the lesser, safer charge. I was told that I should ask for paperwork verifying that the gun was calibrated correctly and timely; because I just dont believe that i was going that fast. I was not in a hurry in the long run - just wanted to get to a gas station and get off the road.

What can I do?
Can I plead a lesser charge?
What is the likelihood that my license will be suspended? What can I do to keep that from happening?
How often are the radar's supposed to calibrated?
Is there a margin of error with the guns - say 1 mph at least, where it would not be a 2 point, risk for lic suspension?
Can he say he paced me if it is not on the ticket?

I appreciate any advise..
Thank you!
 


davew128

Senior Member
Funny, I've had a red sports car for nearly 5 years now and only been pulled over in it for speeding once in SoCal.

Suggest you SLOW THE F DOWN.
 

Jim_bo

Member
First, you are lucky that he was dumb enough to write you for 22348. At 101, you were only 1mph over the statute. However, unless his radar gun shows fractions, it likely rounds up fractions from .5 and up. So, you could have been doing as little as 100.5 and the radar gun would have said 101. So, he would have to demonstrate that his radar gun was accurate to less than 1/2 percent error at 100mph. If you are not comfortable doing this quickly, I'd suggest you request discovery so you can examine the calibration records at length while you prepare your defense. Go here to learn how to ask for discovery:

Help! I Got a Ticket!

A few important points:

1. The cop must provide the calibration records in court (even if he provides them in discovery)
2. The cop must provide other documents in court (i.e. the certificate of training certifying him to use radar)
3. The above documents must be an original or certified true copy. If not, you object to their adission into evidence and you object to the cop's testimony towards the documents.
4. If you do not get the discovery supplied to you, you object to anything coming into evidence that you asked for but did not recieve.

This seems like a really tough ticket, but it should be very easy to beat. If you prepare yourself well, it should be no problem.
 

Jim_bo

Member
Funny, I've had a red sports car for nearly 5 years now and only been pulled over in it for speeding once in SoCal.

Suggest you SLOW THE F DOWN.
I suggest if you can't provide the help the OP is asking for, you Shut the F Up!!!!!!!
 

HighwayMan

Super Secret Senior Member
Here's my non-helpful comment:

It's absolutely amazing to me how people who find that their lives and livlelyhoods are so dependent on their licenses and their ability to drive care so little about their driving habits and pay so little attention to the road when they are behind the wheel.

Don't blame the red car, blame yourself.
 

davew128

Senior Member
I suggest if you can't provide the help the OP is asking for, you Shut the F Up!!!!!!!
I was tempted to post a picture of where you can stick your suggestion, but that hairy spot just wasn't going to work on this site.
 

I_Got_Banned

Senior Member
I CAN NOT have my license suspended (3 point consequence).
Your license will get suspended at 4 points in 12 months. You have 1 point, a 22348 and if convicted, will get you 2 points, that adds up to 3. Which by my calculation, you still have one more speeding ticket to go before a suspension. ;)
 

maxima08red

Junior Member
Thank you for your comments. In regards to my red car, I was just pointing out irony...not blaming the red car - I was its operator. I dont drive freeways over long distances often and it was amazing to me how I could be going anything over 80mph and not feel it. It also shows that understanding the power that your car has and being an informed consumer are important to; but I digress. Yes, I definately need to pay attention to my driving habits and this indeed is a wake up call.

Anyways, thank you all again for your comments; it's a dose of reality!
 

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