excessive speed ticket
#31
Originally Posted by hyperpm,Feb 20 2008, 06:19 PM
2 pts for 100+ http://www.dmv.ca.gov/dl/vioptct.htm#twocvc
Suspension:
Per Vehicle Code section 12810.5a, a Class C negligent operator has
* 4 or more points in 12 months,
* 6 in 24 months, or
* 8 in 36 months.
Suspension:
Per Vehicle Code section 12810.5a, a Class C negligent operator has
* 4 or more points in 12 months,
* 6 in 24 months, or
* 8 in 36 months.
22349, 22349.5 - Maximum speed
22350, 22351, 22352, 22352a, 22352b - Basic/prima facie speed limit
22354, 22355 - Exceeding posted/freeway speed limit
22356, 22356b - Maximum speed 70 mph
22357, 22358.4 - Speed in excess of local limits
22359, 22360, 22361 - Speed in excess of local limits
I guess you'd have to take a closer look at each one of those motor vehicle codes to see what the penalties are. Do an internet search for CA motor vehicle laws or Annotated code of California, or something like that. I did that when I got a strange ticket in MD.
It was an Aggressive Driving ticket. Under MD law, aggressive driving is defined as 3 or more offenses at one time. The officer wrote that I was 'passing on the right', 'passing & overtaking' and 'following too closely'. Well, I don't know if I was following too closely or not, traffic was speeding up and slowing down, so it was kind of like an accordion. However, the other 2 were total BS.
The 'passing on the right' is allowed on a highway where there are 2 or more lanes traveling in the same direction, which is what I was on, the Baltimore Beltway which has 4 lanes in each direction.
With the 'passing & overtaking', with the way the law was written, it seems like that applies to the one being overtaken (must stay in same lane, give way to passing vehicle, etc.), not the vehicle doing the overtaking.
So, armed with this info, I called an attorney and described the ticket and the incident. He gave me a very important piece of info. With an aggressive driving charge, or any ticket with multiple charges on one ticket, you must be found guilty on all charges on the ticket to be found guilty.
He described it like a stool, in this case like a three-legged stool, if one leg is cut off, the whole stool collapes. Same with the ticket.
This is where the search for the Annotated Code of Marylandcame in. Having printed out the MD code on all charges, I pressed the issue regarding the 'passing on the right' and 'passing and overtaking' and the entire charge was dismissed.
My point to my long-winded post is to do a search for the motor vehicle laws in your state and save them if they have a PDF version available. If not, save the website location where you can search for a specific violation code and that, along with consulting an attorney will tell you how to proceed. In other words, do your homework as soon as you are issued the ticket...because I know what it's like to have a lead foot
Warren
#32
Originally Posted by blacks2k06,Feb 21 2008, 02:05 AM
I was actually going around 96 when the cop flashed his lights. I was going a lot faster before and I just decided to slow down. That's when I noticed a pair of headlights pulling on me from behind and I assumed it was a cop and a few seconds later he flashed his lights.
Waiting for the ticket in the car was killer.
s2000raj
thanks for the advice. I'm going to check out the law school after classes.
Waiting for the ticket in the car was killer.
s2000raj
thanks for the advice. I'm going to check out the law school after classes.
I kid, I kid.
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