Speeding Ticket

[dui_dude]

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!

Misdemeanor comes under Criminal law. Also my attorney had mentioned that as long as you don't break any laws during probation you are fine and that traffic tickets don't count. However, you mentioned it 'might' be a violation of the probation. Hence, I am a little concerned if my prior actions will haunt me here. The court letter would probably mention it in the letter that should be arriving any day...

 

[dui_dude]

Misdemeanor comes under Criminal law. Also my attorney had mentioned that as long as you don't break any laws during probation you are fine and that traffic tickets don't count. However, you mentioned it 'might' be a violation of the probation. In either case the court letter would mention it in the letter that should be arriving any day. Hence, I am a little concerned if my prior actions will haunt me here.

The other thing was if I should contest the ticket or not. Everyday, I see cars driving on the same patch during office hours [ 9am and 6pm] at 60mph +- (after the ticket, i have been careful and watching out speed). I don't think its safe for me to drive at 50 mph when the cars in front and behind are at 60mph.[I mean a plethora of cars around, not just 3]

I was ticketed during day time(2pm) going home to pick something. After 45 mins, while returning to work I saw him ticketing someone else. Infact, I have seen them hiding there a couple of other days during the same time, I should just taken a normal street and flowed with the traffic.

 

[occharge]

Found a Copy
www DOT sccgov DOT org /scc_ordinance/31302012 DOT HTM

That... is NOT a Traffic and Engineering Survey!!!!

However, you mentioned it 'might' be a violation of the probation. Hence, I am a little concerned if my prior actions will haunt me here. The court letter would probably mention it in the letter that should be arriving any day...

I bolded the MIGHT there so as to suggest that it can but maybe it doesnt... And the court letter that you mention... i.e. the courtesy notice that you MIGHT receive from the court about the traffic citation will not have any reference to the prior case that you had last year. If anything check your paperwork where the terms of your probation are outlined, or better yet, contact the attorney who represented you in that case.

I don't think its safe for me to drive at 50 mph when the cars in front and behind are at 60mph.[I mean a plethora of cars around, not just 3]

There are a few on here who would argue that the only "safe" way to do it is to drive the speed limit...

I should just taken a normal street and flowed with the traffic.

Shoulda, Coulda, Woulda.... Hindsight is 20:20

 

[dui_dude]

That... is NOT a Traffic and Engineering Survey!!!!

Thanks for replying, could you point out where/how I could get a a traffic and engg survey. Appreciate your replies.

 

[JIMinCA]

Thanks for replying, could you point out where/how I could get a a traffic and engg survey. Appreciate your replies.

Contact CALTRANS. If they didn't conduct the survey, they will be able to tell you who did. It will take a bit of effort to get (you'll likely have to talk to a dozen people, most of which won't know what a traffic engineering survey is), but that is time better spent than making repetitive posts here.

 

[CdwJava]

Actually, unless it is a state maintained highway or freeway, contact the city or county where the road is located ... THEY can tell you where the survey is. CalTrans doesn't deal with local roads.

- Carl

 

[Zigner]

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.

CVC:
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.

Again, if our OP was traveling FASTER than the surrounding traffic, it makes all the difference in the world.

 

[JIMinCA]

CVC:
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.

Again, if our OP was traveling FASTER than the surrounding traffic, it makes all the difference in the world.

Again, that has absolutely NOTHING to do with the path I was suggesting to him... a speed trap defense.