What is the name of your state (only U.S. law)? California
About a month ago i was driving through my empty school parking lot with two other cars, following the other two cars to the exit (going from one side to another). I had two people in my car and the other two cars were full with passengers. A cop who was across the street (not in the school parking lot) somehow caught a glimpse of my car and said i was speeding. This cop was across the street conducting a speed trap for the oncoming traffic to fall into. Being across the street and not in my school parking lot, if he was to see my car, he would have to have looked through trees and shrubbery to even just get a quick glance at my car. The parking lot doesnt have any speed limit signs posted and i know for a fact I was following the other cars not even going 20 mph. After i exited the school parking lot i turned onto the street the cop was conducting a speed trap on (a 45mph zone) going about 40mph and was flagged down by the police officer. While the two cars in front of me didnt get flagged down.
When stopped the officer asked me, "why were you driving like a maniac?" I had just responded, "I dont know officer" not knowing of how i was driving like a maniac. He then followed the regular procedures of getting my license and registration and figured out that I had a provisional license. It was powderpuff week at my school that week, and i was driving my two friends about a mile away from the school to go to our practice, and so were the two other cars in front of me.
When i received my ticket, the police officer said he wasnt charging me with speeding and only for driving with two passengers. it said under description of the infraction, "12814.6(a)(1)(a) driving two passengers; speeding unsafe" and under where it said speed it was left blank. the officer never informed me of what my speed was, and obviously he didnt know himself.
Knowing some useful tips about traffic law, i paid my bail which was $203, and asked to do a trial by mail (better chance of the officer not responding).
I had researched the provisional license laws and here is a little excerpt from the CA DMV website:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor::
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
My questions are:
Being charged for 12814.6 (a)(1)(a), wouldnt i be charged for driving between 11pm and 5 am? The ticket clearly states written at 13:14 at the top of the ticket, meaning 1:14pm. Shouldnt the officer have put (a)(1)(b) instead?
And doesnt the officer need some type of probable cause to pull me over in the first place? He obviously was just saying i was speeding since he didnt have the speed himself.
And being a school activity, is there a chance for a lesser penalty if my plan falls through?
And isnt the penalty $203 a little too much for a first time offense?
Please respond with any help. Thank you.What is the name of your state (only U.S. law)?
About a month ago i was driving through my empty school parking lot with two other cars, following the other two cars to the exit (going from one side to another). I had two people in my car and the other two cars were full with passengers. A cop who was across the street (not in the school parking lot) somehow caught a glimpse of my car and said i was speeding. This cop was across the street conducting a speed trap for the oncoming traffic to fall into. Being across the street and not in my school parking lot, if he was to see my car, he would have to have looked through trees and shrubbery to even just get a quick glance at my car. The parking lot doesnt have any speed limit signs posted and i know for a fact I was following the other cars not even going 20 mph. After i exited the school parking lot i turned onto the street the cop was conducting a speed trap on (a 45mph zone) going about 40mph and was flagged down by the police officer. While the two cars in front of me didnt get flagged down.
When stopped the officer asked me, "why were you driving like a maniac?" I had just responded, "I dont know officer" not knowing of how i was driving like a maniac. He then followed the regular procedures of getting my license and registration and figured out that I had a provisional license. It was powderpuff week at my school that week, and i was driving my two friends about a mile away from the school to go to our practice, and so were the two other cars in front of me.
When i received my ticket, the police officer said he wasnt charging me with speeding and only for driving with two passengers. it said under description of the infraction, "12814.6(a)(1)(a) driving two passengers; speeding unsafe" and under where it said speed it was left blank. the officer never informed me of what my speed was, and obviously he didnt know himself.
Knowing some useful tips about traffic law, i paid my bail which was $203, and asked to do a trial by mail (better chance of the officer not responding).
I had researched the provisional license laws and here is a little excerpt from the CA DMV website:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor::
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
My questions are:
Being charged for 12814.6 (a)(1)(a), wouldnt i be charged for driving between 11pm and 5 am? The ticket clearly states written at 13:14 at the top of the ticket, meaning 1:14pm. Shouldnt the officer have put (a)(1)(b) instead?
And doesnt the officer need some type of probable cause to pull me over in the first place? He obviously was just saying i was speeding since he didnt have the speed himself.
And being a school activity, is there a chance for a lesser penalty if my plan falls through?
And isnt the penalty $203 a little too much for a first time offense?
Please respond with any help. Thank you.What is the name of your state (only U.S. law)?
Those are actually easier than making court because the officer fills it out at the office, he doesn't have to do it on his day off after driving two hours from home.