Can a JUDGE increase the speed on a traffic ticket?

[ugoiwuagwu]

California

I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he wrote me for 80 mph and even alleged that I said that I "usually go 80." We went back and forth with questions but I ultimately lost.

The judge then said that he finds me guilty for going 90 mph and that I owe another $150 but he'll offer me traffic school and suspend the extra amount pending I don't get another ticket within the year. The oficer never said anything about amending the ticket whatsoever. When I asked a question regarding what I was being found guilty of and stated that said ticket was for 80, the judge quickly stated "well I found you guilty of going 90 mph." Are judges allowed to do that?

I'm aware that officers are allowed to amend tickets even during the trial but is the judge allowed to independently create another/increase the charge?

The officer did nothing to prove that I was going 90 (aside from one statement), all of his defense was to prove that I was going 80 mph, which is what was cited for on the ticket. Is the judge allowed to act as prosecution?

 

[Zigner]

Yes, the judge adjusted the charge to match the crime that had been proven. The officer testified that you were traveling 90, so the judge acted accordingly. It seems to me that if you can follow the simple requirements outlined by the judge, you'll be fine.

In other words, slow the heck down! (As well as obey the other traffic laws)

ETA: You were found guilty of exceeding 65mph. The fine increased due to the speed that was proven.

 

[Taxing Matters]

I'm aware that officers are allowed to amend tickets even during the trial but is the judge allowed to independently create another/increase the charge?

No amendment of the charge (ticket) by the officer or the court was needed for this. You were charged with violating Vehicle Code section 22349(a). This section reads as follows: “(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.” You were thus charged with going over 65 mph, and the court found you guilty of that offense. It is within the courts power to fix the sentence for that conviction, and based on the evidence the judge decided that the fine for going 90 mph was appropriate, which the judge may do. It's like any other sentencing decision — it’s up to the judge to decide that. Similarly, it was within the judges discretion to give you the way out of it, too, with traffic school and suspension of part of the fine if you don’t have further traffic tickets.