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!
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!