22348(B) VC Exceeding 100 MPH - 65 Zone

[Shay-Pari'e]

I find your little 'symbol' interesting.....
It looks like a pacifier to me.... so that either means YOU SUCK, or you are a baby.
Actually, you are more than likely both.

Good eye sight Jetx!

 

[sara814]

Alan,
Alan,
Alan,

Haaaaaaaaahhhhhhhhh...........

You admitted you were speeding, and you didn't know how fast you were going, you can't prove you were not going over 100 and both com. just as Paridise and I know how fast people drive out there when traffic is light. You were driving too fast for the conditions and you had to slam on your breaks to slow down, but the CHP already had you nailed. There is nothing to judge. Now if you want a chance to get it reduced I suggest you go in person and don't complain about the system being unfair. The judges will have fun with you because traffic court hears the same excuses over and over and over and over and over again a job you wouldn't want for a single day. Being on the freeway instead of a street makes a big difference in fighting the ticket.

Okay...what is the best thing to say in court? To apologize and ask for leniency? Do they really take into consideration if the high speed was on a highway vs. a street?

 

[SPORTcoupe]

they will simply throw the book at you and dismiss you.

Dismissal is all I'm asking for and having a book thrown at me is no big deal.

You guys are a little uptight and I'm not even going to go into the 'pacifier' comment.

No-one has answered my question: Can a CHP officer be counter-sued for wrongly accusing an innocent civilian of speeding?

If the speeding case is dismissed, the judge is saying that the CHP officer was wrong, so such a counter-suit would succeed.

*prepares for more flaming*

~Alan

 

[rmet4nzkx]

Dismissal is all I'm asking for and having a book thrown at me is no big deal.

You guys are a little uptight and I'm not even going to go into the 'pacifier' comment.

No-one has answered my question: Can a CHP officer be counter-sued for wrongly accusing an innocent civilian of speeding?

If the speeding case is dismissed, the judge is saying that the CHP officer was wrong, so such a counter-suit would succeed.

*prepares for more flaming*

~Alan

Dismissal? You have got to be Kidding
What proof do you have that the CHP wasn't correct when you don't even know how fast you were going, you have no grounds for dismissal!
No you can't sue the CHP officer if your ticket were to be thrown out out traffic court.

No one is flaming you, you seem to have lost all your senses, were you drinking also?

Marinaide in your own tears

 

[Shay-Pari'e]

No Allen,.I said dismiss YOU not the ticket. You really are not very bright are you?
Do you think you own the road? Are we as drivers suppose to cater to your needs while you are on the road speeding in the fog?

"Everyone move over, here comes idiot Allen". I hope it stays a reckless ticket,........more points and possible suspension.

Good Luck Allen.

 

[CdwJava]

No-one has answered my question: Can a CHP officer be counter-sued for wrongly accusing an innocent civilian of speeding?

Only if you can prove that he knowingly and intentionally charged you with a crime you did not commit. I doubt you can prove that.

If all that was required for a lawsuit was a dismissal, I'd go back to teaching or to computer work tomorrow!

- Carl

 

[You Are Guilty]

For the record, a dismissal simply means there was a lack of proof of the unlawful act(s). It in no way bears on whether the act(s) actually occurred.

 

[SPORTcoupe]

Before you speak to me, get my name right. It's 4 letters, 1 is a repeat and it's not the "l".

Was totally kidding about the dismissal. LOL.

I get what you're saying about a dismissal being only a sign of the lack of proof and not grounds for a counter-suit such as the one I described.

This thread is filled with hatefull and ill-willing comments towards me.
What have I done to you?
So I'm a bit of a smart-ass (or dumb-ass depending on how tight your panties are)
I still avoided directly insulting any one of you.

I see a pattern though...with speeding, guilt is automatically assumed.
The only threads that get any actual legal advice are the other violations.
That's a shame.

~Bob (Changed for the purpose of simplicity)

 

[rmet4nzkx]

Okay...what is the best thing to say in court? To apologize and ask for leniency? Do they really take into consideration if the high speed was on a highway vs. a street?

Because off the freeway with the maximum speed in effect he could have requested a traffic survey, but he was going 30 mph over the maximum speed, therefore no defense:
22357. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that a speed greater than 25 miles
per hour would facilitate the orderly movement of vehicular traffic
and would be reasonable and safe upon any street other than a state
highway otherwise subject to a prima facie limit of 25 miles per
hour, the local authority may by ordinance determine and declare a
prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per
hour or a maximum speed limit of 65 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe. The declared prima facie or maximum
speed limit shall be effective when appropriate signs giving notice
thereof are erected upon the street and shall not thereafter be
revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit
which is applicable when passing a school building or the grounds
thereof or when passing a senior center or other facility primarily
used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.



22357.1. Notwithstanding Section 22357, a local authority may, by
ordinance or resolution, set a prima facie speed limit of 25 miles
per hour on any street, other than a state highway, adjacent to any
children's playground in a public park but only during particular
hours or days when children are expected to use the facilities. The
25 mile per hour speed limit shall be effective when signs giving
notice of the speed limit are posted.



22358. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that the limit of 65 miles per hour
is more than is reasonable or safe upon any portion of any street
other than a state highway where the limit of 65 miles per hour is
applicable, the local authority may by ordinance determine and
declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or
25 miles per hour, whichever is found most appropriate to facilitate
the orderly movement of traffic and is reasonable and safe, which
declared prima facie limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.

 

[rmet4nzkx]

Before you speak to me, get my name right. It's 4 letters, 1 is a repeat and it's not the "l".

Was totally kidding about the dismissal. LOL.

I get what you're saying about a dismissal being only a sign of the lack of proof and not grounds for a counter-suit such as the one I described.

This thread is filled with hatefull and ill-willing comments towards me.
What have I done to you?

I see a pattern though...with speeding, guilt is automatically assumed.
The only threads that get any actual legal advice are the other violations.
That's a shame.

~Bob (Changed for the purpose of simplicity)

You don't even know how fast you were going and have yet to make any claim because you can't, that is a fact. YOu admitted going too fast during the fog and that you were traveling faster than the surrounding traffic when you were nailed, that is not assumption, that is fact,. admitted, FACT. You are not going to win.

I have not said anyunkind things to you and you don't know ne well enough to comment on the state of my panties

 

[JETX]

Can a CHP officer be counter-sued for wrongly accusing an innocent civilian of speeding?

No. He has immunity from your claims that arise from performance of his official duties.

If the speeding case is dismissed, the judge is saying that the CHP officer was wrong, so such a counter-suit would succeed.

Wrong.

 

[SPORTcoupe]

No. He has immunity from your claims that arise from performance of his official duties.

I believe you 100% and that is what saddens me.
We've got a bunch of guys(this is the word I picked after supressing my anger) running around with guns at their hips, and they're immune because they're on "official duties".
I love America!

~Alan