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  1. #1
    Kanli is offline Junior Member
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    Unhappy Speeding ticket on 55 mph Zone

    What is the name of your state? California

    I was on my way home at around 10:30pm driving on Highway 101. I got pulled over on a 55mph zone. The cop said I was at 92mph at some
    points but I wasn't sure because I really wasn't aware that I went
    that fast. Besides paying the fine, is there anything else that I
    could do?

    The "radar unit" box is checked on the ticket and something like a
    code of 835/040254 if filled. Is that mean the cop had used a radar?
    Can anyone advise how much approx the fine would be with that speed limit? Will a lawyer work in this case?

    Thanks in advance..
  2. #2
    Curt581 is offline Senior Member
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    Quote Originally Posted by Kanli
    I was on my way home at around 10:30pm driving on Highway 101. I got pulled over on a 55mph zone. The cop said I was at 92mph at some points but I wasn't sure because I really wasn't aware that I went that fast. Besides paying the fine, is there anything else that I could do?
    You were not AWARE you were doing 92 mph!?

    (If someone were to say that to me upon stopping them, I'd add a citation for Inattentive Driving on top of the speeder.)

    You can plead Not Guilty, take it to trial and make the State prove their case. However, no Judge on the planet would believe that you weren't aware at that speed, unless you were totally unconscious.
    The "radar unit" box is checked on the ticket and something like a code of 835/040254 if filled. Is that mean the cop had used a radar?
    Probably. The code might be the radar's serial number.
    Can anyone advise how much approx the fine would be with that speed limit?
    You can probably look that up on-line. Read it sitting down.


    Will a lawyer work in this case?
    Certainly couldn't hurt.
  3. #3
    seniorjudge Guest
    Quote Originally Posted by Kanli
    What is the name of your state? California

    I was on my way home at around 10:30pm driving on Highway 101. I got pulled over on a 55mph zone. The cop said I was at 92mph at some
    points but I wasn't sure because I really wasn't aware that I went
    that fast. Besides paying the fine, is there anything else that I
    could do?

    The "radar unit" box is checked on the ticket and something like a
    code of 835/040254 if filled. Is that mean the cop had used a radar?
    Can anyone advise how much approx the fine would be with that speed limit? Will a lawyer work in this case?

    Thanks in advance..
    The "I was not aware" story is actually a subset of story #5 (see below):


    Standard answer

    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat.

    Bathe and wash your hair.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


    Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. Iíve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

    3. Iíve got a job in [name a state five hundred miles away].

    4. This is the first time I ever did this.

    5. Youíve got the wrong guy. (A variation of this one is the phantom defendant story: ďIt wasnít me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.Ē)

    [url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

    Public defenderís advice

    [url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


    Other people may give you other advice; stand by.
  4. #4
    CdwJava is offline Senior Member
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    Oh, and at that speed, traffic school would not be permitted.

    What section were you cited for?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    seniorjudge Guest
    Quote Originally Posted by CdwJava
    Oh, and at that speed, traffic school would not be permitted.

    What section were you cited for?

    - Carl
    Okay, so add to my advice:

    Beg, cry, pray, and plead!
  6. #6
    Kanli is offline Junior Member
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    Unhappy

    Quote Originally Posted by seniorjudge
    The "I was not aware" story is actually a subset of story #5 (see below):
    Yes I know, I have no excuse for speeding and I was aware that I was driving fast, but the whole time I thought I was around 80/85 but not 92 like he said. So when he said i was at 92 at some point, i was actually surprised..

    I am thinking about hiring an attorney, however, I am not sure how much the attorney can do in my situation. What should my stand be? To beat the ticket or to request a lower penalty like you suggested? Can I question the reliability of the radar? I really don't think I was driving 92....the road was narrow with only two lanes and it wasn't a straight flat road either.
  7. #7
    Kanli is offline Junior Member
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    Unhappy

    Quote Originally Posted by CdwJava
    Oh, and at that speed, traffic school would not be permitted.

    What section were you cited for?

    - Carl
    22350VC, is that what you are asking?
  8. #8
    seniorjudge Guest
    Q: What should my stand be?

    A: Guilty as charged.


    Q: Request a lower penalty like you suggested?

    A: Yes; do not be disappointed when they turn you down due to your speed.


    Q: Can I question the reliability of the radar?

    A: Upon what basis?


    Q: I really don't think I was driving 92....the road was narrow with only two lanes and it wasn't a straight flat road either.

    A: Totally irrelevant.
  9. #9
    Kanli is offline Junior Member
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    Unhappy

    Q: Request a lower penalty like you suggested?

    A: Yes; do not be disappointed when they turn you down due to your speed.
    (So in my case, an attorney probably can't do much?)

    Q: Can I question the reliability of the radar?

    A: Upon what basis?

    (I did some research online and someone said some conditions have to be met for the radar reading to be valid?? e.g. the road is flat, there isn't many cars around..etc)

    Q: I really don't think I was driving 92....the road was narrow with only two lanes and it wasn't a straight flat road either.

    A: Totally irrelevant.

    (The road was narrow and with lots of turns, it has slopes too; it just not that easy for my little civic to reach 90. And when I was aware that the cop was behind me, my meter said i was driving 85. I could be wrong of course.)

    Thanks for your advice anyway!
  10. #10
    Curt581 is offline Senior Member
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    Quote Originally Posted by Kanli
    I did some research online and someone said some conditions have to be met for the radar reading to be valid?? e.g. the road is flat, there isn't many cars around..etc
    Your research is NOT correct.
    The road was narrow and with lots of turns, it has slopes too; it just not that easy for my little civic to reach 90. And when I was aware that the cop was behind me, my meter said i was driving 85.
    Claiming that you are not guilty because you were only going 85 mph in a 55 zone, not 92 like the officer said.... will only make you look like an idiot.
  11. #11
    Kanli is offline Junior Member
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    Unhappy

    Quote Originally Posted by Curt581
    Claiming that you are not guilty because you were only going 85 mph in a 55 zone, not 92 like the officer said.... will only make you look like an idiot.
    so claiming 85 would not lower the fine or the charge at all? I see..
  12. #12
    CdwJava is offline Senior Member
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    Quote Originally Posted by Kanli
    22350VC, is that what you are asking?
    Yes. That's essentially unsafe speed ... not the one I would cite on a highway as there are some defenses to that particular section. I would have used CVC 22349(b) or CVC 22348(a) (depending on the roadway).

    If you get an attorney or are willing to do a lot of research I understand there are defenses to 22350 ... but, it also depends on the location of the roadway and a few other details. Your best bet would be to consult an attorney.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  13. #13
    CdwJava is offline Senior Member
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    Quote Originally Posted by Kanli
    I am thinking about hiring an attorney, however, I am not sure how much the attorney can do in my situation. What should my stand be? To beat the ticket or to request a lower penalty like you suggested? Can I question the reliability of the radar? I really don't think I was driving 92....the road was narrow with only two lanes and it wasn't a straight flat road either.
    Challenging the radar woul dtake money and an experienced attorney with access to experts (i.e. it can be expensive). However, it is easy to obtain maintenance records through discovery and if the device has not been properly maintained or calibrated, it can be challenged without a lot of lawyering.

    However! The officer's training in the visual estimation of speed will often conter the poorly maintained radar argument. Combine that with your uncertainty of your speed, and it's gonna be a win for the state.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  14. #14
    CdwJava is offline Senior Member
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    Quote Originally Posted by Kanli
    so claiming 85 would not lower the fine or the charge at all? I see..
    Any speed at 25+ over the limit makes you ineligible for traffic school and wouldn't change the charge of CVC 22350.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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