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Seeking guidance for my speeding ticket situation (thorough details below)

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ted939

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


INFO PRINTED ON CITATION
* Citing Authority: Sheriff's Dept City of Lake Elsinore, Riverside County.
* Speed Approx: >57
* P.F./Max Spd: 40
* Veh Lmt: 40
* Safe: 40
* LASER: 57
* Location of Violation: EB Riverside Dr AKA SR74 637.4 FT JWO Lakeside HS
* City/County of Occurrence: Lake Elsinore
* Comments (Weather, Road & Traffic Conditions, Etc.): Light, Clear, Dry, Light
* Code & Section: CVC 22350
* Description: Basic Speed
* Infraction (not Misdemeanor)
* Due Date: 8/18/2016

Amount Due: $367 (According to Courtesy Notice)

I may not have been going as fast as the officer said I was, so I wonder if his Laser gun was functioning properly, if it was serviced as recent as required to help ensure its proper functioning, if he was properly trained to use it, and if he used it correctly to measure my speed.

Even if all the above are true, I wonder if the 40mph speed limit of that road is justified and legal? Did whatever studies that determine safe speed limits for roads state that 40mph is maximum safe speed limit? If so, were those studies done recently enough to take into account current road conditions and current vehicles' road-handling capabilities? IS there any reliable scientific basis for 40mph?

I wonder about all these, because whatever speed I was driving (whether 57, 40 or less than 40 mph) certainly did not cause me to violate CVC 22350's stated requirement to drive at speeds that are prudent, reasonable and not an endangerment to people or property - as my passenger during that time attests to and will testify to if necessary, and as the weather/road/traffic conditions as stated by the officer corroborate.

By the way:

1. When the officer asked me to sign the citation in the box that reads, "I promise to appear at the time and place indicated below", I told him that I can't promise to do so, so I shouldn't sign there. He insisted that signing there does NOT oblige me to appear as stated, that the citation does NOT mean what it says there, but that I have to sign it anyway. I attempted to write "Not Appearing", followed by my signature, in that box, but due to the shoddy electronic signature device he had, the "Not Appearing" that I wrote was not showing legible. I told him that it's not showing what I was writing, and he said that didn't matter either, as long as I scratch anything in the field. I left it at that, not attempting to sign my name, just leaving a hardly (if at all) legible "Not Appearing" in the field.

2. My Drivers License shows the "III" that is at the end of my name, but the citation does not show that "III".

I don't know if the preceding #s 1. or 2. have any bearing on the legality of this citation, but I thought it worth mentioning.

SO, with all that said, anyone have any recommendations of a) Contest via Trial by Written Declaration (TBD), b) Contest via Trial by Court or c) plead guilty/payFine/doTrafficSchool? I called the phone number on the citation, and someone told me there that if I do TBD or Court and lose, that the judge might not allow me to do traffic school!! I don't want to jeopardize losing traffic school option (and thus point on my insurance). On the other hand, I was driving VERY safe, prudent, reasonable and non-endangering (regardless of my mph), and THAT is the spirit of the law, so I want to stand up for my rights and support the spirit of the law!

Also, along with whatever answer you have of a), b) or c), above, do you have any suggestions as what to say or do in support of that, to dismiss or lessen my penalty?

MUCH THANKS IN ADVANCE for any assistance in this matter!!!

Ted
 


HighwayMan

Super Secret Senior Member
I don't know if the preceding #s 1. or 2. have any bearing on the legality of this citation, but I thought it worth mentioning.
No, they have NO bearing on anything. I think that you're living in a bit of an ideal fantasy world.

By the way, traffic lidar is, in my opinion, the easiest and most accurate way to measure speed. It's so easy to use, that your questioning of the officer's ability to use it made me giggle.

You have two choices basically - and you don't get the best of both worlds. Either have a trial and stand up for your principles (maybe hire an attorney) or go for the traffic school option if it's available.

Your passenger will have close to zero credibility in court.
 
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ted939

Junior Member
No, they have NO bearing on anything. I think that you're living in a bit of an ideal fantasy world.

By the way, traffic lidar is, in my opinion, the easiest and most accurate way to measure speed. It's so easy to use, that your questioning of the officer's ability to use it made me giggle.

You have two choices basically - and you don't get the best of both worlds. Either have a trial and stand up for your principles (maybe hire an attorney) or go for the traffic school option if it's available.

Your passenger will have close to zero credibility in court.
Wow - just the kind of direct and concise (and hopefully experienced/accurate/well-informed) reply I was hoping for! Do you have lots of experience and/or knowledge in these type of matters, on which to base your answers?

Glad to amuse you with my ignorance in this realm :)

As for not getting the best of both worlds, are you saying that I can either stand up in trial for my principles (and what odds would you give me on that succeeding?) OR do traffic school (should be available to me, as I haven't had a speeding ticket or traffic school in 10 (20? time flies) years) - but not both? Are you saying that if I do court, then traffic school isn't allowed if I lose?

Thanks again!
 

HighwayMan

Super Secret Senior Member
There are others here who know much more about California traffic court procedures than I do, although I've picked up quite a bit over the years.

You yourself said that the court told you your chances of being allowed to take traffic school are slim if you go to trial.

Anytime you go to trial you are in the position of being an amateur going up against professionals so your chances of winning are probably not that great.

Again, I'll stand-by for the more California savvy advice givers.
 

ted939

Junior Member
Thanks again, Highwayman, for your advice.
Yep, I hope to hear from other CA savvy advice givers. Standing by!
 

CourtClerk

Senior Member
9 times out of 10 (10 out of 10 where I was), if you lose at trial, you lose your ability to go to traffic school...
 

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