vc 22345 Not listed in VC, so now what?

Not that it isn't a very naughty thing to exceed CA's basic speed limit of
65 MPH, but if the citation is written for a code violation that does not
exist, instead of the expected

"Maximum Speed Limit
22349. (a) Except as provided in Section 22356, no person may drive a
vehicle upon a highway at a speed greater than 65 miles per hour"

In fact 22345 (a) does not seem to be part of the VC at all so
what are the implications of such an error?
Dismissal? Of what, if the code is not correctly entered on a citation what
do they do about that?
Now it was written in the description box " exceeded 65 " but if the code
is not correctly noted, then what?
I mean how can they even set bail and fine amounts without a specific code.
Just curious, mind you. You all know I would never do anything to violate a
state code. So I am a bit perplexed.
Oh and what about all those cars going 45-50 in the "passing lane" while
yakking on the phone? Isn't there a "Medal for Meritorious Lane Splitting at
High Speed" for dispatching those dolts. ......Ok, I guess not.

--
Jim Stinnett
VTR1000
R1100RS
YZF R1
http://moto-rama.com

 

It's definitely a technical mistake. Whether you can beat it remains
to be seen. I beat a similar ticket, but each situation ...and
judge... is different. I'll relate my experience and you can decide.

I was stopped for speeding by a pair of cops lying in wait in their
squad car (no radar) and written up for doing 45 in a 25 zone. I was
actually doing 55, but that's beside the point. I figured I could
beat the ticket because I thought the speed zone was really 45 (it
previously had been). Well, unbeknownst to me, the speed zone had
been reduced to 35. But, the ticket was still in error because the
cops that ticketed me incorrectly wrote on the citation that it was a
25mph zone. Based on this single errror, I decided to fight it.

I figured I had a 50-50 chance the cop would not show up to testify.
This is common as officers quite often have more important things to
do than show up in court to testify for a single measly speeding
ticket. If they fail to show, the ticket is automatically dismissed.
But, the issuing cop showed. The judge asked his side of the story,
to which he testified. The judge then asked why I was contesting the
ticket. I said because of the speed limit error on the citation. I
also discovered during the officer's testimony that he had put on the
police report that the color of my bike was black. This was another
error. My bike is med blue and silver, not even remotely black. I
tactfully pointed out to the judge this was yet another error on the
officer's part.

When it came time for the judge to decide, he looked me dead in the
eye and said, "I know you did *SOMETHING* wrong". Gee, whatta pal.
This after the 5 min speech at the beginning of court where he gave
this noble sounding speech about how the freedoms of the individual
must be maintained yada yada and everyone is innocent till proven
guilty yada, yada..... Anyway, he said he would have to check on the
validity of my claim about the actual speed limit and would render a
decision at a later time and get back to me by mail. Two weeks later
I got a notice from Alameda County Court that the case was dismissed.
Yay!

As an FYI, the mail notice gave no clue as to how the decision was
reached. Was that single technical error enough? Did the second
error (bike color) have any bearing on the decision? Or, was the sole
decision up to the discretion of the judge? I cannot say.

Bottom line, go ahead and fight it. Even if you lose, it'll be a
great lesson on how our court system works. You should go down and
sit in on a traffic court session (free admission!) before you decide,
just to get a lay of the land. Or, you might consult an attorney.
They could tell you for sure if that single error is enough. Whatever
you decide, go for it, and good luck.

nb

 

I have successfully defended myself against a ticket before , but I used the
"attrition by continuance-requests-for-information-by-registered-mail"
defense strategy, and when the officer failed to produce the required report
that is required for each stop, the judge summarily dismissed the case.
http://www.moto-rama.com/dis_missed.jpg

--
Jim Stinnett
VTR1000
R1100RS
YZF R1
http://moto-rama.com

 

LOL!...

I'll hafta check into that one. Hey, it's their game, but no one said
we can't play.

nb

 

Hey Jim,

Can you elaborate??

 

Hey Jim,

Can you elaborate??[/QUOTE]

I think he did http://www.ticketassassin.com/ thing.
--
Mike

SV650
UKRMMA#22
Skype: muddycat

 

Certainly
My method for defending a speeding ticket:

1. Prior to your first scheduled court appearance, and after you receive
your courtesy notice write a letter ( registered mail) to the court
requesting the standard allowable continuance to a later date. If your
ticket indicates what day off the officer has, request a day corresponding
to his/her day off.

2. About two weeks prior to the newly assigned court date, request another
continuance, claiming some pressing family emergency overseas or some such
thing. Clerks will almost always take the easy way and grant another
contiuance. At this point, you may have exhausted your continuances, so be
prepared to take the next steps. But if you can get another continuance,
then ask for one.

3. Request by registered mail a copy of the "Traffic safety and engineering
report" that pertains to the stretch of road you were ticketed on. This
study should be on file and be less than 10 years ( it changed from 7 )
years old. It establishes the basis for setting the speed limit where you
were ticketed. Caltrans commissions these studies, so write to them.

4. Request by registered mail some proof that the radar unit ( if used) was
calibrated within the prescribed time limit prior to the citation. This
would come from the CHP office in the area where the ticket was issued.

5. Request by registered mail a copy of the recommendation or study showing
the accuracy and integrity of this particular brand of radar unit. ( This is
almost never a neutral party, so you establish bias on the part of the CHP
for arbitrarily using this brand)

6. Request by registered mail proof that the ticketing officer has been
trained and is proficient in the use of this exact type of unit, and is
competent with it.
7. Request by registered mail a copy of the officers notes regarding the
stop. This should be a normal thing for the officer to have done, so as to
be able to recall what happened. You are entitled to those notes.

7. If you do not receive the above mentioned documents you can ask for a
dismissal based on the fact that you have been denied access to official
public documents that will aid in your defense. You have been denied the
ability to defend yourself! But keep this in your back pocket until you need
it.

8. When you appear in court your first gambit is to hope that the officer
does not show up. After all it is now months after the citation nad he may
be out of uniform ( quit ) , transferred to another area, or unwilling to
attend due to it being his only day off that week.( remember the day off
thing?). If he does not show, request a dismissal.

8. If the officer shows up he must provide the written report and whatever
the normal paperwork is regarding the case. No report to the court will
result in a dismissal.
9. If the judge does not grant you a dismissal based on a no show, then
request a dismissal because you have been denied access to the information
you need to mount a defense. ( see items number 3 through 7).
10. When in court, wear nice slacks, a white shirt, and a pullover crew neck
sweater ( the Catholic school boy look). Get pair of geeky 10 dollar reading
glasses to emphasize how meek and mild you are.
Be polite and humble when addressing the court, speak slowly and don't
appear to be "too smart".

11. If you lose, you can always beg for the mercy of the court and request
traffic school, even if you have a non traffic school type speedig ticket.
It is up to the judge's discretion and of you remind the judge politely that
he/she is the boss, you may be able to swing a good deal even if you lose.

12. Before Christmas is a good time to appear in court, judges are in a
generous frame of mind a lot of the time during the holidays.
And don't forget to keep your fingers crossed!

Jim Stinnett
VTR1000
R1100RS
YZF R1
http://moto-rama.com