Speeding Ticket

[dui_dude]

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

I was stopped today for speeding on the expressway. The COP in a motorbike cited me for 68/66mph(approx) in a 50mph zone for 22350. Comments for weather on the ticket were D.C.M. {People around me were only a bit slower, anyways it doesn't matter now .}

I have a prior Reckless Driving conviction from Nov 2007. A fine + 12 hr DUI School + 2 years Probation.

What could be the outcome for the latest ticket ? Traffic School ? Is that an option ?

[JIMinCA]

22350 is really an easy charge to beat. Do a search for 22350... read up on some of the defenses I have posted here. If you have further questions, post them.

[Hey There]

Typing in Basic Speed Law Defence on Google will bring up websites with informatiion on the Basic Speed Law
Google V.C. 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
If the driver was driving at a speed where other drivers weren't endangered then no violation has occurred.

A driver in Ca. is entitled to a copy of the officer's notes usually written on the back of the ticket, a copy of the front and back of the ticket, a video or recording if on was made.
Referred to as Informal Discovery, forms and instructions can be found on Help!I Got A Ticket! If radar is checked on the traffic ticket a form Specific to this can be downloaded from the above site.
Unfortunately the Judicial Council hasn't issued a mandatory Discovery Form for traffic tickets but a form to submit Discovery can also be copied from the back of a book published by NOLO for CA.drivers seeking information on how to prepare a proper defence.
The driver makes copies of his Discovery Request and has a friend mail one to the D.A. and one to the citing officer. (The form to the D.A. can be modified slightly when sending it to the citing officer).
The friend gives the driver a Proof of Service that the discovery request has been mailed which the driver keeps for his records.

Trial by Declaration forms can be obtained from a court clerk.
or
Google Trial By Declaration will bring you to a website with instructions and 2 (1 page forms)
Form TR-200, INSTRUCTIONS TO DEFENDANT
TR-205, REQUEST FOR TRIAL BY WRITTEN DECLARATION.
If the officer fails to reply the case should be dismissed.
If the judge rules against the driver, the driver can ask for a NEW trial with a different judge if done within 20 days.
A driver can also request a continuance from a court clerk either in person or by phone.

Best Regards,
Hey There

[racer72]

The first thing you need to do is find out if the ticket violates your probation. If it does you will really need to see an attorney. Besides dealing with the speeding ticket, charges from your other ticket could be reinstated.

[dui_dude]

Traffic tickets don't violate the probation. Another question, when the cop cites you a ticket, do they check if you had a prior conviction(wet reckless misdemeanor in my case) or record ?

[dui_dude]

Originally Posted by JIMinCA

22350 is really an easy charge to beat. Do a search for 22350... read up on some of the defenses I have posted here. If you have further questions, post them.

Thanks. Would it hurt my chance that i have a prior wet reckless conviction from last year ?

[CdwJava]

Originally Posted by dui_dude

Traffic tickets don't violate the probation. Another question, when the cop cites you a ticket, do they check if you had a prior conviction(wet reckless misdemeanor in my case) or record ?

They might ... but it doesn't make much of a difference - you still get cited for the offense at hand. There are circumstances where that can be an issue, but not generally for 22350.

- carl

[CdwJava]

Originally Posted by dui_dude

Thanks. Would it hurt my chance that i have a prior wet reckless conviction from last year ?

It shouldn't play any part in the deliberation ... unless, of course, you claim to the court that you have NEVER had any traffic related issues.

- Carl

[Zigner]

Originally Posted by dui_dude

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

I was stopped today for speeding on the expressway. The COP in a motorbike cited me for 68/66mph(approx) in a 50mph zone for 22350. Comments for weather on the ticket were D.C.M. {People around me were only a bit slower, anyways it doesn't matter now .}

I have a prior Reckless Driving conviction from Nov 2007. A fine + 12 hr DUI School + 2 years Probation.

What could be the outcome for the latest ticket ? Traffic School ? Is that an option ?

For 22350, this will sink you.

[JIMinCA]

Originally Posted by Zigner

For 22350, this will sink you.

That should have practically no bearing on your ability to defend yourself against the charge.

Like I said... do a search for 22350 on this site... there is lots of good info. But, the first thing you should do is get a copy of the traffic engineering survey to see if the speed limit is unjustified... I bet it is.

[dui_dude]

Originally Posted by JIMinCA

That should have practically no bearing on your ability to defend yourself against the charge.

Like I said... do a search for 22350 on this site... there is lots of good info. But, the first thing you should do is get a copy of the traffic engineering survey to see if the speed limit is unjustified... I bet it is.

Found a Copy

www DOT sccgov DOT org /scc_ordinance/31302012 DOT HTM

[dui_dude]

Originally Posted by CdwJava

They might ... but it doesn't make much of a difference - you still get cited for the offense at hand. There are circumstances where that can be an issue, but not generally for 22350.

- carl

Thanks, I remember you from from my posts last year.

Would traffic school still be an option for me, based on my prior record ?

[CdwJava]

If you have not taken traffic school in the last 18 months, you should be eligible if you choose to take that route. Even if you have taken it, the court can still allow you that option under most circumstances.

- Carl

[occharge]

Originally Posted by dui_dude

Traffic tickets don't violate the probation. Another question, when the cop cites you a ticket, do they check if you had a prior conviction(wet reckless misdemeanor in my case) or record ?

If traffic tickets don't affect your probation for a midemeanor wet reckless case then why are you concerned about how much affect your wet reckless case had on your receiving the traffic ticket???


Assuming that your probation is for that "wet reckless case" then it is "traffic related" which means that when the judge admonished you to "abide by the conditions of your probation" and "not to violate any laws during that period", that included traffic laws! Deny it if you want... But get an attorney!

[dui_dude]

Originally Posted by CdwJava

If you have not taken traffic school in the last 18 months, you should be eligible if you choose to take that route. Even if you have taken it, the court can still allow you that option under most circumstances.

- Carl

Great. I am guessing the letter from the court will mention it. I have not taken a traffic school ever, unless the 12 hour DUI class is counted(which was taken in Dec 2007).