Speeding 112 in 70 zone - 22348(b) in CA

[Outranges]

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

I got a speeding ticket for going 112 in a 70 zone by radar a few months ago, and my court date is 12/23. I really wasn't paying attention to my speed at the time so I'm not sure if I was really going that fast. But I just got out of traffic so I sped up and was the only car on the road when I got pulled over so I guess I could have been going around 110. So I don't have any argument of why I'm not guilty. But I do want to plead not guilty because I really don't want the 2 points, no traffic school, fine, etc. I know it was probably my fault, but this is my first speeding ticket EVER and I don't normally speed (and never will again). Just a stroke of bad luck.

Anyway, the officer wrote down my address wrong so I never got the court notice. I called the court a few times and they informed me that they cannot send me another notice, and can only give me the information over the phone. The different people I spoke to all said that it was a mandatory court appearance at first, but when I asked them if I can do written by trial declaration instead, they all said yes. But does anyone know if the TWD method is better or worse than appearing in court since my court date is the day before xmas eve and maybe the cop won't show? I also heard that maybe I can talk the judge into giving me traffic school or lessening my charge and/or fine if I do show up. The downside is of course, the court is 4 hour drive away. On the other hand, I also heard that I will have another chance to go into court if I lose by TWD so it will give me 2 chances of beating the ticket. I guess I just need some advice as to which method would be better for me.

Lastly, is it true that when you get caught by radar, a DA has to be present in court in order to charge you? I believe most traffic courts do not have a DA on site...? So if I do show up in court, could I use that to get my ticket dismissed?

Appreciate all the help I can get! Like I said, this is my first speeding ticket ever and I am scared of the consequences.

 

[davew128]

I got a speeding ticket for going 112 in a 70 zone by radar a few months ago, and my court date is 12/23. I really wasn't paying attention to my speed at the time

Truer words were never spoken.

 

[cyjeff]

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

I got a speeding ticket for going 112 in a 70 zone by radar a few months ago, and my court date is 12/23. I really wasn't paying attention to my speed at the time so I'm not sure if I was really going that fast.

When you don't pay attention at 52 miles per hour over the speed limit, really bad things happen.

But I just got out of traffic so I sped up and was the only car on the road when I got pulled over so I guess I could have been going around 110.

So you are debating the last two miles per hour?

So I don't have any argument of why I'm not guilty. But I do want to plead not guilty because I really don't want the 2 points, no traffic school, fine, etc.

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.​

I know it was probably my fault, but this is my first speeding ticket EVER and I don't normally speed (and never will again). Just a stroke of bad luck.

It was DEFINATELY your fault... whose fault would it be if not yours?

Nobody speeds for the first time at 112.

No, a stoke of bad luck would have been if your speed had killed an innocent... because you weren't paying attention.

Lastly, is it true that when you get caught by radar, a DA has to be present in court in order to charge you? I believe most traffic courts do not have a DA on site...? So if I do show up in court, could I use that to get my ticket dismissed?

That is a myth.

Appreciate all the help I can get! Like I said, this is my first speeding ticket ever and I am scared of the consequences

As you should be.

 

[cyjeff]

Wait a minute.

How old are you?

 

[Outranges]

what does my age have to do with anything?

and it may be hard to believe, but i have a mercedes sports car, it picks up speed really fast and not very noticeable when you are not looking at the speedometer every 5 seconds.

 

[cyjeff]

I was not trying to find a new BFF. If you were under the age of 18, other charges and penalties may apply.

As for the type of car you have, I have also heard that mercedes have excellent instrumentation packages including speedometers and have marvelous mechanisms for slowing the car at any speed. These are typically referred to as "brakes".

If you trot that "I have an expensive sports car and it is difficult to drive it legally" garbage in court, you are going to be walking past that car in the driveway for several days until your license is no longer suspended.

 

[davew128]

When you don't pay attention at 52 miles per hour over the speed limit, really bad things happen.

112-70=42. Which doesn't mitigate the abject stupidity of complaining about being ticketed for it.

 

[davew128]

and it may be hard to believe, but i have a mercedes sports car, it picks up speed really fast and not very noticeable when you are not looking at the speedometer every 5 seconds.

What's your point? I have an RX-8 which blows your POS away and I don't drive 112 on the freeway.

 

[Dougthegreat]

and it may be hard to believe, but i have a mercedes sports car, it picks up speed really fast and not very noticeable when you are not looking at the speedometer every 5 seconds.

Another fine car wasted on a dunderhead. Perhaps you should be driving a Civic Hybrid. Not only do they get great gas mileage, but you'd know it in a second if you were going 112 MPH.

 

[CdwJava]

But does anyone know if the TWD method is better or worse than appearing in court since my court date is the day before xmas eve and maybe the cop won't show?

Both ideas have some merit ... it's going to be your call on that.

I also heard that maybe I can talk the judge into giving me traffic school or lessening my charge and/or fine if I do show up.

That is possible ... though, it means pleading guilty and taking your chances.

On the other hand, I also heard that I will have another chance to go into court if I lose by TWD so it will give me 2 chances of beating the ticket.

That is true.

Lastly, is it true that when you get caught by radar, a DA has to be present in court in order to charge you? I believe most traffic courts do not have a DA on site...? So if I do show up in court, could I use that to get my ticket dismissed?

No, they do NOT have to have a DA on site.

The total fine for this (with fees and assessments) should be near $760, and it is two points against your license. It is not the end of the world, but it will impact your insurance in the future. You might want to consult an attorney who handles traffic matters and ask for them to review your case and see what they can do.

- Carl

 

[Outranges]

I was not trying to find a new BFF. If you were under the age of 18, other charges and penalties may apply.

As for the type of car you have, I have also heard that mercedes have excellent instrumentation packages including speedometers and have marvelous mechanisms for slowing the car at any speed. These are typically referred to as "brakes".

If you trot that "I have an expensive sports car and it is difficult to drive it legally" garbage in court, you are going to be walking past that car in the driveway for several days until your license is no longer suspended.

Don't worry, I'm not trying to use that as an excuse in court. I was merely saying that I have a fast car and thus it's easy to drive fast and not notice the speed. If you don't believe me, maybe you should try driving one too. Also, I thought this site gives legal advice...? What kind of advice category does yours belong to? Didn't your mom tell you if you don't have anything nice to say then don't say anything at all? Do you really have that much time on your hands to sit around online all day and respond to people's legitimate questions with useless answers? Did you get laid off from your job? Is that why you are so grumpy? Or is it because you are not getting laid? Lol... and what kind of grown up person still uses the word "BFF"?? And btw, I am 25. I have a very successful career and can afford my car entirely on my own without mommy and daddy. I can also afford the ticket and increase in insurance but doesn't mean I want to because this is already a multi billion dollar industry in California and it does not need my contribution in my opinion. So in short, my time is very important, please stop wasting it by writing your silly responses just because you want to prove to people online that you are "somebody".

 

[Outranges]

What's your point? I have an RX-8 which blows your POS away and I don't drive 112 on the freeway.

See my response to cyjeff because it applies to you too.

RX-8?! Are you kidding me?! Isn't that a Mazda?!? That is a POS, all Mazdas are POS. What is it? $30K tops? OMFG please don't even go there. It probably can't even get to 112 without breaking! LOL I'm so embarrassed for you that you would flaunt that car in my face.

 

[Outranges]

Another fine car wasted on a dunderhead. Perhaps you should be driving a Civic Hybrid. Not only do they get great gas mileage, but you'd know it in a second if you were going 112 MPH.

Yeah I used to drive a Civic in high school. You DEFINITELY would know if you were going 112. In fact, I think it started to wobble when it hit 60 mph! That's because it's so light and you can hear the wind when you are going fast, it's like driving a convertible. Again, I suggest you try driving a nicer car (please not a Mazda!) in order to understand.

 

[Outranges]

Both ideas have some merit ... it's going to be your call on that.


That is possible ... though, it means pleading guilty and taking your chances.


That is true.


No, they do NOT have to have a DA on site.

The total fine for this (with fees and assessments) should be near $760, and it is two points against your license. It is not the end of the world, but it will impact your insurance in the future. You might want to consult an attorney who handles traffic matters and ask for them to review your case and see what they can do.

- Carl

Thank you Carl. Good to finally have somebody who knows what they are talking about.

 

[ignitespeed]

I highly doubt you can plea mercy out of this type of ticket.

Radar gun's can be objected to procedural miss-haps however, as you said you were the only car in the road.

If the drive is 4 hours away, and from what I gather you make a good living, maybe just pay the ticket and move on . You said you won't speed again, depending on your insurance policy this will be forgotten in a few years ( Financially wise)

You can't argue technicalities and I highly doubt ( I've never heard of) admitting guilt to speed's with an influencing excuse to a impartial Judge. Especially at 112.

There is also a chance, the Judge could add on MORE charges if the circumstances warranted.