First Ticket (23109c)

[Hybrid707]

Hello, recently I got my first ticket and it happened to be misdemeanor exhibition of speed (23109c) in California. The cop saw me doing donuts from an on ramp and pulled me over, there was no point to lying so I admitted guilt on the spot and am not looking to fight the ticket but more looking for what I should expect on my court date and what the fines/punishments will be. Do you believe there may be a chance for it to get reduced to an infraction instead of a misdemeanor with it being my first ever ticket ?

 

[Just Blue]

Hello, recently I got my first ticket and it happened to be misdemeanor exhibition of speed (23109c) in California. The cop saw me doing donuts from an on ramp and pulled me over, there was no point to lying so I admitted guilt on the spot and am not looking to fight the ticket but more looking for what I should expect on my court date and what the fines/punishments will be. Do you believe there may be a chance for it to get reduced to an infraction instead of a misdemeanor with it being my first ever ticket ?

@CdwJava is an officer in Cali. He should be along after he finishes his latte.

 

[Zigner]

Hello, recently I got my first ticket and it happened to be misdemeanor exhibition of speed (23109c) in California. The cop saw me doing donuts from an on ramp and pulled me over, there was no point to lying so I admitted guilt on the spot and am not looking to fight the ticket but more looking for what I should expect on my court date and what the fines/punishments will be. Do you believe there may be a chance for it to get reduced to an infraction instead of a misdemeanor with it being my first ever ticket ?

Fight it based on what? You CONFESSED to the crime.

 

[Hybrid707]

Fight it based on what? You CONFESSED to the crime.

What? I said I’m not going to fight it.

 

[Zigner]

What? I said I’m not going to fight it.

Sorry - I misread your original post.

 

[quincy]

Hello, recently I got my first ticket and it happened to be misdemeanor exhibition of speed (23109c) in California. The cop saw me doing donuts from an on ramp and pulled me over, there was no point to lying so I admitted guilt on the spot and am not looking to fight the ticket but more looking for what I should expect on my court date and what the fines/punishments will be. Do you believe there may be a chance for it to get reduced to an infraction instead of a misdemeanor with it being my first ever ticket ?

Here is a link to the law you violated and the possiblpenalties for having done so:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23109

Although jail time is a possibility (24 hours-90 days), I suspect jail time is unlikely. The fine is from $355-$1000. Forty hours of community service can be ordered. License suspension from 90 days to 6 months is possible.

At the judge’s discretion, probation is possible.

Because you admitted guilt, you might have more difficulty getting the misdemeanor reduced, but you can/should consult with an attorney in your area to hopefully prevent the misdemeanor from becoming a blot on your criminal record.

 

[CdwJava]

VC 23109(c) is typically treated as an infraction and not a misdemeanor. It is the rare DA that is going to want to prepare for a possibility of a jury trial over this sort of a case. I have seen many of these cases, and cited for quite a few myself (including a future police officer I later conducted a background on ... he had been in high school at the time about 5 years earlier and I issued his first and only ticket). Expect a fine and a point on your license, and the associated increased insurance rates.

When you appear for arraignment (or, before, if they are prompt with the paperwork) you will likely find that the matter is being referred to Traffic Court as an infraction and not the Criminal Court. While there is always the slim chance of it being charged as a misdemeanor, it is highly unlikely unless you have a few priors. If they do not immediately offer a drop to an infraction it may because they are going to use the reduction to induce a plea out of you - which it appears you'd be good with anyway.

It sounds like you've learned from this and hopefully won't behave like that again. If so, it should be all good.

 

[Hybrid707]

VC 23109(c) is typically treated as an infraction and not a misdemeanor. It is the rare DA that is going to want to prepare for a possibility of a jury trial over this sort of a case. I have seen many of these cases, and cited for quite a few myself (including a future police officer I later conducted a background on ... he had been in high school at the time about 5 years earlier and I issued his first and only ticket). Expect a fine and a point on your license, and the associated increased insurance rates.

When you appear for arraignment (or, before, if they are prompt with the paperwork) you will likely find that the matter is being referred to Traffic Court as an infraction and not the Criminal Court. While there is always the slim chance of it being charged as a misdemeanor, it is highly unlikely unless you have a few priors. If they do not immediately offer a drop to an infraction it may because they are going to use the reduction to induce a plea out of you - which it appears you'd be good with anyway.

It sounds like you've learned from this and hopefully won't behave like that again. If so, it should be all good.

Thank you, I noticed on the ticket he actually checked traffic court instead of criminal court. Does that mean anything ?

 

[CdwJava]

Thank you, I noticed on the ticket he actually checked traffic court instead of criminal court. Does that mean anything ?

If specifically "Traffic Court," then, yes. It's probably good. Counties have different procedures to try and address these offenses. Your county may simply default most wobbler offenses to Traffic Court.

 

[quincy]

I’m curious, Hybrid. Did you film your stunt? There are several videos appearing online as part of a “doing doughnuts on freeways” challenge.

In Detroit, a guy was arrested and charged with reckless driving and disturbing the peace after his friends blocked traffic on I-94 so he could do doughnuts on the expressway. This followed another doing doughnuts stunt on another local freeway. Videos of these stunts are generally posted to Instagram or on YouTube.

After a warrant was issued for the arrest of the young Detroit man, he turned himself in and he pleaded guilty. The reckless driving charge was dismissed but not the disturbing the peace charge. He was subject to 93 days in jail and a $500 fine but the judge gave him a one-year probation instead, with conditions - he cannot drive or use drugs or alcohol, there will be random drug/alcohol testing, and he is required to attend a 30-day work program, a driving improvement course and complete his GED.

I know California is not Michigan, by the way.

 

[CdwJava]

Then it would behoove him to plead it out of the way swiftly! If he recorded it, then getting the matter disposed of as an infraction would preclude any specifically related upgraded offense(s) later! Double jeopardy can be a beneficial thing. Though, in CA it would generally still be the same offense of VC 23019(c) unless you had - as you described - a road closure and other related acts.

 

[Hybrid707]

I’m curious, Hybrid. Did you film your stunt? There are several videos appearing online as part of a “doing doughnuts on freeways” challenge.

In Detroit, a guy was arrested and charged with reckless driving and disturbing the peace after his friends blocked traffic on I-94 so he could do doughnuts on the expressway. This followed another doing doughnuts stunt on another local freeway. Videos of these stunts are generally posted to Instagram or on YouTube.

After a warrant was issued for the arrest of the young Detroit man, he turned himself in and he pleaded guilty. The reckless driving charge was dismissed but not the disturbing the peace charge. He was subject to 93 days in jail and a $500 fine but the judge gave him a one-year probation instead, with conditions - he cannot drive or use drugs or alcohol, there will be random drug/alcohol testing, and he is required to attend a 30-day work program, a driving improvement course and complete his GED.

I know California is not Michigan, by the way.

I did not film it, and it was not on a freeway. The track has been closed due to corona so I had the stupid itch to be dumb. I went to a empty 4 lane road where there was no houses or businesses and the cop happened to be on the on ramp that over looked the 4 lane road

 

[CdwJava]

I did not film it, and it was not on a freeway. The track has been closed due to corona so I had the stupid itch to be dumb. I went to a empty 4 lane road where there was no houses or businesses and the cop happened to be on the on ramp that over looked the 4 lane road

They're bored, too!

 

[Hybrid707]

If specifically "Traffic Court," then, yes. It's probably good. Counties have different procedures to try and address these offenses. Your county may simply default most wobbler offenses to Traffic Court.

He specifically chose traffic court instead of criminal on the ticket (although I believe it’s up to the DA at the end of the day) am I allowed to tell you which county it was ? As in are their website rules saying I can’t do so. Sorry I’m new here

 

[quincy]

I did not film it, and it was not on a freeway. The track has been closed due to corona so I had the stupid itch to be dumb. I went to a empty 4 lane road where there was no houses or businesses and the cop happened to be on the on ramp that over looked the 4 lane road

I am happy to hear that you didn’t film yourself doing doughnuts. Your stunt was definitely not smart but it was not as dangerous as it could have been.

You can provide the county but it is generally best on this forum to not post anything that can lead to your identity. If you consult with an attorney in your area, he would probably advise against it.