Speeding Ticket
06-16-08, 08:46 PM
#1
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Speeding Ticket
I did not receive the ticket, but my sister's bf got a speeding ticket going a 100mph. Is it just like any other speeding ticket or no? The cop also wrote the wrong year of the car if that makes a difference. Any suggestions? (People also told him that 100mph is a felony?)
06-16-08, 09:12 PM
#2
Was he arrested when he was stopped?
If it was his first offense, he will most likely get a fine. Nothing to worry about, I hope! Just make SURE he shows up at his court hearing!
If the ticket is for reckless driving he could get jail time. More likely his license will be revoked or suspended for a year.
What was the 'real' speed he did ??
If it was his first offense, he will most likely get a fine. Nothing to worry about, I hope! Just make SURE he shows up at his court hearing!
If the ticket is for reckless driving he could get jail time. More likely his license will be revoked or suspended for a year.
What was the 'real' speed he did ??
06-16-08, 09:39 PM
#4
said speeding but didn't say too fast? consider that luck.....
on the ticket it should say "court date". if so, make sure call the court to schedule appearing if haven't received official ticket by then. appear at court and plead guilty, don't mention 100mph unless it's brought up. try to get himself to pay the fine and attend traffic school
on the ticket it should say "court date". if so, make sure call the court to schedule appearing if haven't received official ticket by then. appear at court and plead guilty, don't mention 100mph unless it's brought up. try to get himself to pay the fine and attend traffic school
06-16-08, 11:57 PM
#7
Lexus Test Driver
I say fight it written trial, if failed then take it to court and pray for the popo to not appear.
If he does then "admit guilt, and see if the judge can lower the fine and allow traffic school."
If he does then "admit guilt, and see if the judge can lower the fine and allow traffic school."
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06-17-08, 12:25 AM
#8
tough luck on that situation... just go to court and pay the fine...luckily he wasnt arrested... couple years ago, my friend got a ticket for more than 100mph off the 170 freeway. CHP told him that "he couldn't even catch up on him" but they did anyway. He pretended that he was upset with his gf and she was in the car with him. CHP asked her if he ever hits her or something, she said no...my friend almost got arrested, but it was already late at night so they just wrote him a ticket excessive speeding ticket... went to court and paid, almost 2k i think....i could be wrong about the price... plus schooling of course..
06-17-08, 03:31 AM
#10
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In terms of legality, the case MIGHT have grounds for dismissal based on the wrong vehicle information being entered. Mainly because if the cop couldn't even get the vehicle description correct, his judgment may be called into question regarding his perception of the observed speed. I used the information from www.helpigotaticket.com to successfully fight off a $1059 ticket for mainly paper violations and a moving violation. However, I know a friend of mine who had to serve a day or two in county jail because of his 100mph+ violation. I forget exactly what codes they charged him with, but I don't think it's a felony unless you try to evade the police. My friend unwittingly did this, hence the jail time. What was the code he was written up for? If it is 22348b of the California Vehicle code, that one reads out like this:
"22348. (a) Notwithstanding subdivision (b) of Section 22351, a
person shall not drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
(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.
(2) Upon a conviction under this subdivision of an offense that
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed seven hundred fifty dollars ($750). The person's privilege to
operate a motor vehicle shall be suspended by the Department of
Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense that
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed one thousand dollars ($1,000). The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.
(c) A vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if a lane has not been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the driver
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, a vehicle may also be
driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route."
This says it's an infraction, but a quick scan of the DMV website says it's 2-POINT infraction. Googling came up with this audiworld forum post: http://forums.audiworld.com/s4/msgs/983825.phtml from a guy who says he beat his 100mph+ violation.
If your sister's boyfriend was written up for 22350 (basic speed law) or 22349 (maximum speed law) he might have a better chance of fighting it. Either way, I'd try my chances with a trial by declaration (write in), because if you are dissatisfied with the court decision, you are automatically granted (within 20 days) of a Trial De Novo (all new trial) and anything held in the TBD cannot be held against you. You can even ask the judge to lessen the fine or traffic school, etc, at the new trial. There is a lot of good info on that website I posted a link to. I would always suggest fighting a ticket. More laws today are about the money, not the safety. But that's just what I think. Best of luck.
"22348. (a) Notwithstanding subdivision (b) of Section 22351, a
person shall not drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
(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.
(2) Upon a conviction under this subdivision of an offense that
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed seven hundred fifty dollars ($750). The person's privilege to
operate a motor vehicle shall be suspended by the Department of
Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense that
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed one thousand dollars ($1,000). The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.
(c) A vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if a lane has not been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the driver
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, a vehicle may also be
driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route."
This says it's an infraction, but a quick scan of the DMV website says it's 2-POINT infraction. Googling came up with this audiworld forum post: http://forums.audiworld.com/s4/msgs/983825.phtml from a guy who says he beat his 100mph+ violation.
If your sister's boyfriend was written up for 22350 (basic speed law) or 22349 (maximum speed law) he might have a better chance of fighting it. Either way, I'd try my chances with a trial by declaration (write in), because if you are dissatisfied with the court decision, you are automatically granted (within 20 days) of a Trial De Novo (all new trial) and anything held in the TBD cannot be held against you. You can even ask the judge to lessen the fine or traffic school, etc, at the new trial. There is a lot of good info on that website I posted a link to. I would always suggest fighting a ticket. More laws today are about the money, not the safety. But that's just what I think. Best of luck.
