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How to request Leniency and reduce points?

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I

I5Speeder

Guest
What is the name of your state? CA

Hello,
I am charged with driving at 101 MPH on I-5 (70MPH limit) in Kern County. I am charged with "driving over 100 MPH" code, which is 2-point violation in California.

I do not have any traffic citations for last 7-8 years. (I had a minor fender bender accident about 18 months back).

Since the county where the officer cited me is about 5 hours' drive away, I do not want to visit the court too many times.

My questions are:
1. Given that I don't have any traffic citation for 7-8 years, how do I request leniency? I have never been to the court, and am unfamiliar with the procedure.

2. I am hoping that they reduce the speed from 101 to something in 90es, so that I will have only one-point on my record. Can this request be made at the arraignment time, or at the trial? To whom do I make the request?

3. At the arraignment, when they ask me how do I plead, what should be my answer? Do I say "Guity with explanation"? I think I have to go to the arraignment, since driving over 100 MPH requires "Mandatory court appearance"

4. My car is Sage/Gray color, and the officer write "SLV" under the color column in the ticket. I believe it stands for "Silver". Do you think this is a sound basis for dismissal of the ticket?

Thanks a lot for your advice!

...I5Speeder
PS: I am usually a very careful driver, and this was really stupid of me to drive that fast last month. I really wish I can get some leniency in this.
 


prs24

Junior Member
you only get 2 points for going over 100 in CA?????? Anything over 80 is reckless in VA and is 6 points.

The judge allows you to plead not guilty, guilty, guilty with explaination and no contest. Unless you were havaing an emergency i would plead guilty with explaination. not guilty at that speed just isnt possible. Explain why you were going that fast or how you didnt realize you were going at those speeds. Maybe mention that you realize the punishment is more sever at those speeds but that you do have a good driving record and if its possible if the court could show you some lenency.

If CA isnt hooked up to the DMV I would get a copy of your driving record and bring it with you since the judge does ask about it.
 
Last edited:

I AM ALWAYS LIABLE

Senior Member
Here's how you'll get leniency from a California Judge . . .

The Lord's Prayer

Our Father, who art in heaven, Hallowed be thy Name. Thy kingdom come. Thy will be done, On earth as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, As we forgive those who trespass against us. And lead us not into temptation, But deliver us from evil. For thine is the kingdom, and the power, and the glory, for ever and ever. Amen.

Then, you genuflect to the judge.

IAAL
 
I

I5Speeder

Guest
prs24 said:
you only get 2 points for going over 100 in CA?????? Anything over 80 is reckless in VA and is 6 points.

The judge allows you to plead not guilty, guilty, guilty with explaination and no contest. Unless you were havaing an emergency i would plead guilty with explaination. not guilty at that speed just isnt possible. Explain why you were going that fast or how you didnt realize you were going at those speeds. Maybe mention that you realize the punishment is more sever at those speeds but that you do have a good driving record and if its possible if the court could show you some lenency.

If CA isnt hooked up to the DMV I would get a copy of your driving record and bring it with you since the judge does ask about it.
Thank you for your quick response. I mention this at arraignment, right?

I read on some websites that if I plead guilty with explanation, then the judge can not reduce points (since I have already accepted my guilt); he/she can only reduce the fine. Is that correct? I am really interested in reducing the point, so that I can be eligible for traffic school. With 2-points, California doesn't allow traffic school.

I was told that somebody in California had similar situation, and the judge reduced the offence to something like 80MPH.

As a side note, in California you get 2 points for over 100MPH, but then 4-points in a year makes you "negligent driver"!
 

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