96 in a 70 in King City,CA

[Burnhamboy]

What is the name of your state? CA

I was cited doing 96 in a 70 (22356 ((b)) vc) on U.S. 101 heading Southbound from Monterey to Los Angeles on Labor Day weekend this year. I saw the officer parked on the side of the road maybe 100 yards ahead of me and he flagged me down and cited me telling me I was going 97. I saw on the ticket I was spotted from an airplane.

I don't remember going that fast. I was going with the flow of traffic - which makes sense because everyone around me was getting pulled over also.

I would rather go to traffic school and pay the ticket but I've been told I don't have that option because I was 25 miles over the speed limit and the court clerk told me that appealing to the judge wouldn't matter. I already posted bail - $381 - and there is an arraignment/trial set for November.

My question to you is whether a direct appeal to the judge would make a difference - could he grant me traffic school and I could have the point erased? Also, if I choose to fight the case (which I will if I can't get traffic school) do I have any chance of beating it since the 96 miles is not in dispute, but rather going over 70 which is much harder to argue against. I don't want to solely rely on the two officers not appearing.

Any help would be greatly appreciated. I have to drive up to Monterey from L.A. and want to make sure I'm not wasting my time.What is the name of your state?

 

[CdwJava]

I would rather go to traffic school and pay the ticket but I've been told I don't have that option because I was 25 miles over the speed limit and the court clerk told me that appealing to the judge wouldn't matter. I already posted bail - $381 - and there is an arraignment/trial set for November.

CA rules of court prohibit the CLERK of the court from offering traffic school if you are 25+ over the limit. However, the JUDGE (commisioner or pro tem) CAN allow traffic school.

- Carl

 

[Burnhamboy]

Thanks for the quick response.

I just wanted to clarify - if I plead guilty and get traffic school - my point will come off. I was told by the clerk's office that it wouldn't matter because the DMV would record it as a conviction and because of the speed cited traffic school wouldn't make a difference - even if the judge granted it. This is where I get confused.

Sorry if I am being redundant here.

 

[CdwJava]

Thanks for the quick response.

You're welcome.

I just wanted to clarify - if I plead guilty and get traffic school - my point will come off.

That's how it is supposed to work, yes.

I was told by the clerk's office that it wouldn't matter because the DMV would record it as a conviction and because of the speed cited traffic school wouldn't make a difference - even if the judge granted it. This is where I get confused.

I'm not sure where the clerk was coming from on that, but according to VC 12810 that's a one point violation and it SHOULD be removed.

HOWEVER! IF you have a COMMERCIAL license, it may well remain.

From the DMV handbook:

Traffic Violator School Dismissals
When a driver is cited for a traffic violation, the judge may offer the driver the opportunity to attend a Traffic Violator School. Drivers who do not have a commercial license may participate once in any 18-month period to have a citation dismissed from their driving record this way.

NOTE: If you have a commercial license and attend traffic school the citation will still appear on your driving record regardless of the type of vehicle you were driving when cited.​

- Carl

 

[Hey There]

ANSWERS to you questions are a click away.

Burnhamboy,
9-28-07

To find out the rules of the Court
Go to Google:
Click on : King City Rules for Traffic Tickets
Click on the 2nd website listed on this page.-"Superior Court of California, Monterey County-Traffic Court"
Sections on this website provide the following
1. General Information About Traffic Citations
2.Payments
3.TRAFFIC SCHOOL
4.Court Procedures #2-A request for Traffic School must be made in court if the driver is cited for exceeding 80 mph.
5. Trial by Written Declaration.
You have the option of asking for dismissal of your citation by sending a written statement explaining why your citation should be dismissed, to the court. If the judge refuses to dismiss you can file a request for a new trial if done within 20 days after the court's decision is mailed to you. Another advantage is that the officers' statements will be available to you so that you can prepare a better defence should you decide to go to trial.
*******************************************************
Another option available to you is to Request Discovery. You are entitled to copies of all testimony the officers will use in court.
A simple one page form with easily understood instructions on how to request Discovery can be found at Help! I Got A Ticket! thru Google.
This site also gives a tutorial on traffic tickets including Trial by Declaration as well as answering queries about your citation via E:mail.
There are other websites on Google that provide information on Discovery. For some You can Go To Google:
Type In: Discovery for Traffic Ticket
and find on the first 5 websites extensive information on
Discovery.
Information on how to file for Discovery with a form provided to do so can be found in"Fight Your Ticket & Win In California" by AAL David W. Brown.
This book also has information pertaining to errors that can occur when Airplanes are used as a means to measure how fast a car is being driven on a highway. (In Ch.4/pages 12&13 )
This room for error is increased when a group of cars is cited for speeding. This leads to questions about how accurate the speed you were cited for could be.
Arraignment usually proceeds before trial although it can be skipped. If you go to arraignment and agree to an informal trial you are giving up your right to have BOTH officers present at trial or have your case dismissed. (Both must be present for prosecution to proceed as both have to verify speed and the officer who cited you must identify you as the driver.)
You now have information to allow you which option is the best for you.
The Option of
Requesting Discovery
Filing a Trial by Declaration
Trial with both officers present
Requesting Traffic School from a judge without
contesting the citation of 96mph in a 70mph zone
Requesting Traffic School even if you go to trial
and lose.(Case law backs you on this)

Regards,
Hey There

 

[CdwJava]

Another option available to you is to Request Discovery. You are entitled to copies of all testimony the officers will use in court.

Not quite.

With a proper discovery request he can obtain copies of notes and reports, but NOT an advance copy of any testimony they intend to make in court.

- Carl

 

[Hey There]

Arraignment Facts

Burnhamboy 9-29-07

Although arraignment can be skipped, proper steps must be taken to do so. The rules on the pros & cons of proceeding to trial are explained in the same book as the previous post.
( Chapter 10, pages 17 thru 20 ).

Hey There