Speeding tiket in CA

[askr]

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

Hi

This was very sad thing happened in my life few days ago. Pls give us some suggestions.

Me ,my wife and mydaughter was driving thru I5.My wife was driving.my daughter(4 yrs) was sleeping in the backseat. She is not in the child seat.
I was almost sleeping in the front seat as my daughter is sleeping in the nackseat.

My wife was driving more than at 102 miles.We were stopped and gave citation.

In the citation at the top it was traffic and misdemeanor are checked.and the following are listed as violations ( all infractions)

22356(b) -- exceed speed limit -- I
22348(b) -- speed in exces of 100m -- I
27360(a) -- child not in constraint -- I

All the vilations are marked as infractions.

He told us that he is not chaging us but if his boss says so he will charge us.He took my daughters name and DOB.

Today I got a notice of correction.It says vilation sections should be changed from 22356(b) to DELETED.
At the bottom in others it says ADD CASE Wxxxx9. But the case number in the citation was Wxxxx8.
A different case number ie Wxxxx9 is lised in the notice of correction.

This is our first ticket.This is a terrible miskate we did.Iam not getting sleep and chill in my spine all the time.

Pls guide me

1) Is the ciation is misdemeanor or infraction.Do my wife need to appear in court.

2) Why did he dropped one violation

3) Is the notice of correction is a different case or another charge under different case number with the same citation is filed.
What does the new case contaions,how will I know.


Pls let me know how to proceed.It was a big mistake for the first time. We were driving for the last 2.5 yr without any issues.

Thanks in advance to you all.

 

[CdwJava]

1) Is the ciation is misdemeanor or infraction.Do my wife need to appear in court.

None of the three sections you mentioned are misdemeanors - they are all infractions.

Unless she has been advised in writing that no appearance is required, or she has taken care of the matter in some other way, she has to appear in court or risk a warrant being issued for her arrest.

2) Why did he dropped one violation

Because 22356 is a lesser included offense of 22348(b), I imagine.

3) Is the notice of correction is a different case or another charge under different case number with the same citation is filed.
What does the new case contaions,how will I know.

Your wife can request a copy of both cases as part of informal discovery.

There are numerous posts here that explain how to seek discovery in traffic matters. Do a search of the multitude of posts and you should find some information.

- Carl

 

[askr]

another case added to citation

Hi

Today I called police department office.She told me that they are adding child endanger case also.She did not give me any details and court also doenot have any info.

This is different case.How serious is this case..

Is he going to charge my wife or both as Iam also in the car.

What are the options for me here.

Iam really scared.this is the first time I got ticket not familiar with procedures.

Pls advice me. Thanks in advance.

askr

 

[CdwJava]

That is a weak child endangerment case, but if they have charged her with PC 273a, then she needs an attorney. You will be notified if you are charged. Until then, she is the one facing the charges. Since the child endangerment is likely a misdemeanor, this will be handled in superior court and not simply traffic court. She needs to speak with an attorney.

- Carl

 

[askr]

Speed ticket on I5

Carl Than you verymuch.

Will there be any arrest and jail term for any of these misdemeanors.What is the other sections under which they try.

Thanks in advance.

 

[CourtClerk]

I agree that it's probably a weak case, however, I would suspect and HOPE that the officers reported you and your wife to Child Protective Services and they conduct a FULL investigation on the both of you. Your wife (and you) did in fact endanger the life of your child and you both should be put under a microscope.

 

[cyjeff]

Time for another lesson from Unca Carl.

Carl, have you ever scraped what was left of an unsecured child off the inside of a windshield when mom and dad were traveling at an excessive rate and got into an accident?

That is why it is child endangerment. I agree it is a weak case... but will probably get you a really good talking to in court....

 

[askr]

pls help

Hi cyjeff,CdwJava,CourtClerk

I will be geartful if you pls send ur phone number to .

Pls I want to discuss with you and take help from you.

 

[cyjeff]

Hi cyjeff,CdwJava,CourtClerk

I will be geartful if you pls send ur phone number to XXXXX

Pls I want to discuss with you and take help from you.

There is no way, repeat NO WAY, we are going to send you our telephone numbers.

Is this your first time on the internet?

Take your email address off of there too...

 

[CdwJava]

Carl Than you verymuch.

Will there be any arrest and jail term for any of these misdemeanors.What is the other sections under which they try.

Thanks in advance.

Only the child endangerment is a misdemeanor based on what you wrote.

And, yes, I have scraped kids and adults from beneath dashboards, seats, and in pieces after passing through a windshield when unsecured. But, as child endangerment cases go, it's weak because it will be hard to prove the underlying elements ... not to mention the fact that if they do these offenses together, and a plea is made to the traffic violation, it is possible that they will not be able to pursue the attached child endangerment matter.

And if they filed child endangerment charges, I am wondering what else the police might have seen or heard that gave them concern enough to take this unusual step.

Your wife needs to speak with an attorney ASAP.


- Carl

 

[askr]

Pls help

Iam sorry for asking phone numbers.

This is because Iam in very desparate situation.

Again Iam sorry.

Pls let me know what will happen now. I saw the details of 273a.

Do they take any child serveces steps before the court date.

Or on the court date they will decide my child is really in danger with us.

The court place is far away from my place almost 400miles. This happend when I was going to my friends place.Can I get trial in my stare ie Oregon.

Cop took my daughters name nad DOB and my phone number.He asked me to give the phone number where my daughter stays.Why phone number is needed.

Again thanks in advance.

 

[CdwJava]

Do they take any child serveces steps before the court date.

Yes. Child services will almost certainly be looking into things. But, if all they have (and all they can find) is the speeding allegation, I wouldn't worry too much about it.

The court place is far away from my place almost 400miles. This happend when I was going to my friends place.Can I get trial in my stare ie Oregon.

The trial location will be in the county and state of jurisdiction. Sorry.

If she obtains counsel, I strongly suspect the matter can be handled by way of a plea to the speeding violation. That's just my guess.

Cop took my daughters name nad DOB and my phone number.He asked me to give the phone number where my daughter stays.Why phone number is needed.

Because that information is required on the referral form that goes to CPS.

- Carl

 

[askr]

Additional case is 273ab

Hi

I came to know that the second charge is 273ab.

Is this relavant in this scenario.

Do I need lawyer to fight this. If we plead guilty for the first two traffic infractions do tey dismiss the third chage.

How much will be the fine.

Do they decide what todo when she appear in court.

Thanks in advance.

 

[CdwJava]

Hi

I came to know that the second charge is 273ab.

Is this relavant in this scenario.

I suspect it's actually PC 273a(b) - that's the child endangerment offense:

273a(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.​

Do I need lawyer to fight this. If we plead guilty for the first two traffic infractions do tey dismiss the third chage.

If they agree before hand to do so, then, yes. Otherwise, no. An attorney might be able to argue that a plea to the two traffic offenses resolves the matter and a prosecution for the included offense of 273a would be double jeopardy, but i wouldn't THINK of trying that without an attorney.

And, yes, I would recommend an attorney - you can lose your children or go to jail if convicted of PC 273a(b).

How much will be the fine.

According to the state Bail and Fee schedule, the total fine and fees recommended are:

22356(b) - $146
22348(b) - $760
27360(a) - $380

Do they decide what todo when she appear in court.

When she appears in court she will be there to answer the charges. The decision on what charges to file will be made ahead of time.


- Carl

 

[askr]

child services

Hi Carl

Thanks for ur reply.

Will the court send any child services person before the court date? Or after cheching our answers in the court they send child services to our home?

Thanks