Over 100 in 70 zone in San Bernardino

[FeelDumb]

What is the name of your state? California

On the way to Arizona, while battling an episode of IBS and in frantic need of a toilet, I was pulled over by CHP who claimed I was going 106. It was nearly midnight and no cars on the road. Told him the IBS/diarrhea problem and that I was looking for a rest stop. He said, "there's no rest stop within 100 miles of here" wrote me a ticket for 106 citing "radar" and "mvars" and left.

I went to traffic court in Barstow last week. Judge said regardless of whether I pled that day or went to court and am found guilty, he would suspend my license for a year, and that it was within his discretion to do so regardless of what the code says about that. I figured nothing to lose so I pled not guilty and got a trial date so I could do some research.

Traffic code says 30 days for a first offense. I haven't had so much as a parking ticket even in years! Loss of license for an entire year seems harsh for a first offense.

Stupid me... I probably would have seen the cop if I hadn't been doubled over the steering wheel looking for a toilet.

What is MVARS? And is there anything I can do to avoid a one year suspension? 30 days I can live with and find a way to get around, but a year means I can't work...

 

[justalayman]

Mvars

California Highway Patrol vehicles are equipped with mobile video and audio recording systems commonly referred to as MVARS. The recording system is automatically activated when the CHP begin an enforcement stop. In the context of a DUI stop, the recording is very important evidence in the case.



What is the actual code section charged?

 

[xylene]

You need a lawyer. This is not a ticket you can handle DIY.

 

[Loveisi]

Agree with Xylene here but these days they have apps that show you were the washrooms or restrooms as you guys call it are. Please download one.

 

[FeelDumb]

VC 22348(b)

 

[cbg]

I'm not sure why so many people believe that the speed laws only apply at certain times of the day or night and are dependent on how many other cars you can see.

 

[justalayman]

1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

I don’t see it being within the courts discretion to suspend your license for any time greater that 30 days. The law specifically states not to exceed 30 days. Unless there is more to the story, if the judge suspends your license in excess of 30 days you can appeal the sentence on the basis the statute does not allow judicial discretion to exceed a 30 day suspension.

 

[FeelDumb]

I looked up the section and read the same thing. Statute is clear. BUT judge said statute gives him discretion to suspend for a year. I couldn't find it anywhere so was wondering if anyone here knew if it happening.

 

[FeelDumb]

CBG: WHERE in my post does it say I don't believe speed laws apply? I was merely describing the entire situation and asking a question as to whether a judge can go outside the statute and impose greater penalties than specified under the law.

 

[Just Blue]

CBG: WHERE in my post does it say I don't believe speed laws apply? I was merely describing the entire situation and asking a question as to whether a judge can go outside the statute and impose greater penalties than specified under the law.

You implied it in your opening post. You had to poop and were in need if a bathroom and that is why you were going 106 MPH.

 

[pac72]

so you're doing 106 mph doubled over the steering wheel..l . get cited and the judge is harsh ? you aware what happens if you crash at 106 mph ? and if you end up hitting some random person... maybe you should walk for a year to learn a lesson for gods sake..in my state you would have been subject to immediate arrest, vehicle towed . and liscense confiscated till you see the judge...

 

[justalayman]

I looked up the section and read the same thing. Statute is clear. BUT judge said statute gives him discretion to suspend for a year. I couldn't find it anywhere so was wondering if anyone here knew if it happening.

well, you read the same thing I did;

Not to exceed 30 days.

I think the judge is bluffing.

 

[justalayman]

You implied it in your opening post. You had to poop and were in need if a bathroom and that is why you were going 106 MPH.

Given the reason was ibs, unless op crapped himself as he sat there with the cop, it is obvious it was simply a ruse to avoid the ticket.

 

[CdwJava]

I looked up the section and read the same thing. Statute is clear. BUT judge said statute gives him discretion to suspend for a year. I couldn't find it anywhere so was wondering if anyone here knew if it happening.

There are circumstances where a one year suspension might be allowed.

Do you have prior convictions?

 

[justalayman]

There are circumstances where a one year suspension might be allowed.

Do you have prior convictions?

Op said this


. I haven't had so much as a parking ticket even in years! Loss of license for an entire year seems harsh for a first offense.

While it’s possible there is something in the guys way back past, unless the judge knows the guys specific history from years ago, I don’t see any basis for the judges threat.