Speeding Ticket, follwed by notice of correction...can i get out of this?

[James Lostlen]

What is the name of your state? California

I recieved a speeding ticket with a violation of section 22349 (a) and was later sent a notice of correction that states violation should be changed from 22349 (a) to 22349 (b)

Can i get out of this? ive been told that if a traffic ticket has an error on it you can get out of it. I assume by contesting the ticket.

 

[The Occultist]

What is the name of your state? California

I recieved a speeding ticket with a violation of section 22349 (a) and was later sent a notice of correction that states violation should be changed from 22349 (a) to 22349 (b)

Can i get out of this? ive been told that if a traffic ticket has an error on it you can get out of it. I assume by contesting the ticket.

The ticket no longer has an error, so you cannot contest the ticket.

 

[James Lostlen]

2 things: one I read that the notice of correction cannot be mailed.
two: I read the violation that it was changed to 22349 (b) and it states

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.




I was cited driving down a highway with a huge center divider and two lanes (no passing lane) in each direction.

Can i be clear on this basis?

Thank you

 

[AlanShore]

2 things: one I read that the notice of correction cannot be mailed.

Where did you read that?

 

[James Lostlen]

Quote:

"Where did you read that?"


I read that about 15 tabs and 250 pages back before I stumbled upon this forum and posted my question. In short I have no idea. I'm like Tazmanian devil on the computer, I have no idea whats going on, I'm just doing it fast and trying to find the answer i need. Papers and folders are flying off my desk and theres a loud turbine engine noise from my mouse and fingers blasting around on the keyboard.

 

[CdwJava]

22349(b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey. For purposes of this subdivision, the following
apply:
(1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the
number of through lanes.​

Had you traveled previously on a portion of the road that was NOT divided by an island?

Then this may have been the wrong section to have been cited under and it MIGHT give you a chance to beat it. But, you'll have to go to trial to bring the issue up. You should probably take pictures of the stretch of road for at least a mile prior to the stop just to show that it was undivided for the entire stretch traveled ... IF that was the case.

- Carl

 

[Hey There]

Getting Started

Sections of the Ca. Penal Code 1054.state that discovery is provided for the following purposes
(a) To promote the ascertainment of truth in trials by requiring
timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted
informally between and among the parties before judicial enforcement
is requested.
(c) To save court time in trial and avoid the necessity for
frequent interruptions and postponements.

Discovery is available to drivers cited for an infraction in Ca. You can request a copy of the officer's notes, a video recording if one was made, the method used to judge what your speed was. These methods of determining your rate of speed can give a false reading
so it is important to know which method was used.

Discovery is a simple request made to the police officer who cited you and to the D.A. It must be either hand delivered or mailed along with proof by someone other than you.
How to file for Discovery can be found by going to Google and typing in Discovery for Traffic Tickets. The first 6 websites desribe discovery and how to file which is a simple matter of requesting the information you seek and having another person mail the request or hand deliveer it for you.

Help! I Got A Ticket! website also has instructions along with a Discovery request form if you prefer one already made. This website also has a tutorial on Traffic Tickets as well as an option to ask about your ticket via the E:mail address on the website.
If you don't receive Discovery in the time limit for it to be provided you can petition the court for a hearing to either have discovery provided, sanctions imposed , or the case dismissed.

Hey There10-4-07