VC 22348 (b): Speeding ticket >100 mph (on motorcycle trying to avoid crash by wind gust)

[jakes2020]

What is the name of your state?CA

Received speeding ticket alleging that I was speeding at 105 (cited speed) by CHP motorcycle officer with code 22348 (b).
THIS IS MY FIRST 22348 (b), No tickets within last 18 months.

I was riding a motorcycle, entered the freeway [4 lanes my direction - Lanes: 1(fastest), 2, 3, and 4(slowest)] and gradually got up to 80 mph in rightmost lanes (traffic was going at the same speed). Started switching lanes to left, turning my head and looking left, to avoid accident, quite safely.

While I switching from to lane# 3 from #4, and maintaining 80~85 mph (same speed from cars ahead, on sides and behind me)... I got caught by a strong gust of wind and was pushed into lane#2 (almost to the left border of lane#2). I managed to avoid hitting car adjacent to me in lane#1 (left side) and kept the motorcycle in lane #2, but too close to lane #1 for my comfort, almost damn like splitting the lane.

Since the motorcycle was pushed by force of gust and I had to speed up the motorcycle to gain control of the motorcycle. I quickly revved up the motorcycle, maybe going around 99~100 mph. Now I had a car ahead of me, car on left of me and truck on right of me. and another car following me. Since I was approaching car ahead of me at a faster rate, I made a quick shift into lane#1, overtaking the car to my left.... This all happened within 2~4 seconds.

My whole idea was to make a safe cushion space around me... so I chose to get into lane #1, sped up and get away from the cluster of cars around me.

At this point freeway enters a wide turn, I am probably going above 100 mph and the CHP officer has me into his line of sight/lidar.

All of this happened within 1 minute of me entering the freeway... and I have it all on video of my helmet cam.

The officer catches up to me and signals lights, I pull over to the side of freeway and he hands me the ticket. He is furious and I don't argue about speed, but request him to write me a ticket for a lesser speed, which he refused to do.



So I'll have to go to court to sort this out.

Ques 1a. Should I present the video as evidence, & explain to Traffic commissioner what happened, and how i had to speed up to gain control of motorcycle and avoid getting crushed under the traffic?

Am I too naive to believe that Commissioner will dismiss 22348 b, if I try to prove that me speeding was to avoid collision, for public safety, under the given conditions beyond my control.

Ques 1b. Can the officer use the video against me and slam me with reckless driving charge or any other violations?

Ques 2. I have a professional medical license, for which i'll have to explain any ticket above $1000 at time of medical license renewal. (a bigger problem)
Should I instead plead guilty, take fine of $900 or lesser at Commissioners mercy (possibly suspended lic for 30 days?),
and avoid a bigger battle with professional licensing agency - which is my bread & butter.

My worry is that while trying to convince the CHP & commissioner to dismiss ticket, I don't want any added fines (based on video), resulting in total>$1000.
Not that I can't pay it off, but its about not getting my professional medical license in trouble?

Ques 3. Also should I post the video at this forum. It does not ID me or the officer, but does ID the freeway and exit from which I started recording?

 

[Just Blue]

What is the name of your state?CA

Received speeding ticket alleging that I was speeding at 105 (cited speed) by CHP motorcycle officer with code 22348 (b).
THIS IS MY FIRST 22348 (b), No tickets within last 18 months.

I was riding a motorcycle, entered the freeway [4 lanes my direction - Lanes: 1(fastest), 2, 3, and 4(slowest)] and gradually got up to 80 mph in rightmost lanes (traffic was going at the same speed). Started switching lanes to left, turning my head and looking left, to avoid accident, quite safely.

While I switching from to lane# 3 from #4, and maintaining 80~85 mph (same speed from cars ahead, on sides and behind me)... I got caught by a strong gust of wind and was pushed into lane#2 (almost to the left border of lane#2). I managed to avoid hitting car adjacent to me in lane#1 (left side) and kept the motorcycle in lane #2, but too close to lane #1 for my comfort, almost damn like splitting the lane.

Since the motorcycle was pushed by force of gust and I had to speed up the motorcycle to gain control of the motorcycle. I quickly revved up the motorcycle, maybe going around 99~100 mph. Now I had a car ahead of me, car on left of me and truck on right of me. and another car following me. Since I was approaching car ahead of me at a faster rate, I made a quick shift into lane#1, overtaking the car to my left.... This all happened within 2~4 seconds.

My whole idea was to make a safe cushion space around me... so I chose to get into lane #1, sped up and get away from the cluster of cars around me.

At this point freeway enters a wide turn, I am probably going above 100 mph and the CHP officer has me into his line of sight/lidar.

All of this happened within 1 minute of me entering the freeway... and I have it all on video of my helmet cam.

The officer catches up to me and signals lights, I pull over to the side of freeway and he hands me the ticket. He is furious and I don't argue about speed, but request him to write me a ticket for a lesser speed, which he refused to do.



So I'll have to go to court to sort this out.

Ques 1a. Should I present the video as evidence, & explain to Traffic commissioner what happened, and how i had to speed up to gain control of motorcycle and avoid getting crushed under the traffic?

Am I too naive to believe that Commissioner will dismiss 22348 b, if I try to prove that me speeding was to avoid collision, for public safety, under the given conditions beyond my control.

Ques 1b. Can the officer use the video against me and slam me with reckless driving charge or any other violations?

Ques 2. I have a professional medical license, for which i'll have to explain any ticket above $1000 at time of medical license renewal. (a bigger problem)
Should I instead plead guilty, take fine of $900 or lesser at Commissioners mercy (possibly suspended lic for 30 days?),
and avoid a bigger battle with professional licensing agency - which is my bread & butter.

My worry is that while trying to convince the CHP & commissioner to dismiss ticket, I don't want any added fines (based on video), resulting in total>$1000.
Not that I can't pay it off, but its about not getting my professional medical license in trouble?

Ques 3. Also should I post the video at this forum. It does not ID me or the officer, but does ID the freeway and exit from which I started recording?

What type of professional medical license is it that you are concerned will be suspended/revoked?

 

[adjusterjack]

I'm calling BS on your story. Gust of wind, my a--. I've seen how you guys on your crotch rockets roar down the highway, weaving from lane to lane to get ahead of traffic. I don't think a judge will believe your gust of wind story any more than I do. Find yourself one of those "lawyers that ride" and pay him a few thousand to try and get you out from under this. The money doesn't seem to concern you.

smh.

 

[FlyingRon]

I agree. The story defies explanation. Further, there's no provision in the 22348 for such justification (as opposed to basic speed law violations).

You're not getting "slammed" with anything else, just the cite you have. It's a big fine, two points, and 30 days suspension in the usual case. You're lucky California is lenient with such shenanigans. I guarantee out here you'd be looking at jail time.

 

[Zigner]

You are a danger to yourself (not that I care) and everyone else around you (THAT I care about). Take your cock-and-bull story somewhere else and slow the hell down. REALLY!

 

[PayrollHRGuy]

I've got decades of riding experience under my belt.

Speeding up to 100 from 80 when the wind is forcing you into another lane is not only not how you stop the effect of the wind it simply increases the problem.

 

[Mass_Shyster]

Since the motorcycle was pushed by force of gust and I had to speed up the motorcycle to gain control of the motorcycle.

I don't understand why it was necessary to speed up the motorcycle to gain control of the motorcycle. If, in fact, this is a true statement, you'll probably need to retain an expert to explain the reasoning to the judge.

I've been riding for 25 years, but it's all in New England, where I only ride six months out of the year.

 

[adjusterjack]

This story broke the meter.

 

[Taxing Matters]

Let's start with your basic problem: you were going, by your own admission, 80mph in the rightmost lane. So already you are speeding since in California the max speed limit on most highways is 65 mph, though a few places go up to 70 mph. And from there, you are jockeying to the more left lanes to go even faster. All this before that claimed gust of wind, which had to be coming from the side to push you even further left, hit you. So you were clearly speeding at that point without any traffic safety justification. As a result, I do not see an outright acquittal/dismissal for you out of this.

Next, you claim that you sped up for safety reasons. Rare is it that going faster is the safer move. The faster you go, the less margin you have for error, the harder it is maintain control, and the more severe any impact will be. So I am very skeptical of the argument that you had to speed up by another 20 mph to over 100 mph just to maintain control. Typically, you would want to slow down to regain control. And if it's true that that you had to engage in such a dangerous speed to regain control then you were likely driving recklessly to begin with. It is your job to keep the bike under control at all times within the allowed speed limits. Had you been going the likely speed limit of 65 mph I can't help but feel you might not have been in a loss of control situation to begin with. Nevertheless, there is some chance you could make the safety argument and perhaps get the speeding charge reduced from going over 100 mph to the 85 you were going before the wind hit you. Take your video and your explanation to an attorney who does traffic case defense and see what he/she says about your chances to do that. As Mass_Shyster says, you likely would need expert testimony to make that case, and experts are not cheap.

As for your medical license, unless California is somehow more stringent than other states, I cannot see where a traffic offense, even one resulting in a fine of over $1,000, would seriously jeopardize your license since the traffic offense does not in any way bear on your fitness to practice your medical craft. But consult with a lawyer familiar with defending medical professionals in license disciplinary actions to get at take on how California would treat that.

I would urge you in the future to slow down on the bike. Going 85+ mph on bike, especially with heavy traffic, can get dangerous fast, as your incident suggests. And going with the flow of traffic is never a good defense to a speeding charge.

 

[Zigner]

It's unfortunate that the OP wasn't charged with reckless driving...

 

[zddoodah]

Should I present the video as evidence, & explain to Traffic commissioner what happened, and how i had to speed up to gain control of motorcycle and avoid getting crushed under the traffic?

No one who hasn't seen the video can form an intelligent opinion about whether or not you should offer it in your defense.

Am I too naive to believe that Commissioner will dismiss 22348 b, if I try to prove that me speeding was to avoid collision, for public safety, under the given conditions beyond my control.

You're not likely to convince anyone that driving 105mph was necessary.

Can the officer use the video against me and slam me with reckless driving charge or any other violations?

I don't understand this question, but your description of the events tells me that you were extremely fortunate not to be charged with misdemeanor reckless driving.

I have a professional medical license, for which i'll have to explain any ticket above $1000 at time of medical license renewal. (a bigger problem)
Should I instead plead guilty, take fine of $900 or lesser at Commissioners mercy (possibly suspended lic for 30 days?),
and avoid a bigger battle with professional licensing agency - which is my bread & butter.

I'm not sure why the agency in question is concerned about speeding tickets, but this tells me you would be unwise not to consult with an attorney who handles traffic matters.

This story broke the meter.

Agree.