CHP got me at 104mph on a 70mph road!

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shiningstarsf

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Hey all,

I am 24yo, have a clean driving record (so far), but 2 days ago CHP got me at doing 104mph according to the trooper. Regular stuff, pulled me over asked me why I was doing so fast and I acceptably told him that I was not aware that I was going that fast and 104mph is a lot and I am terribly sorry. He then asked for the usual things, I had a CA DL but my car was still registered to Nevada as I tried to register it to CA but they said if I come back when my Nevada registration expires they will charge me around $200, while if I get it renewed on that day (before it expires in Nevada), they will charge me $1,250. Quite a difference, huh? So I figured I will just get it renewed in Nevada and then drive back to CA and register it again (trap 22, either way I end up paying a lot of money), but paying $500 for registration is still better than paying $1,250. So 2 days ago I was driving back to get my car registered to CA when that cop pulled me over. He started arguing about my car not registered to CA and I told him that he is 100% right BUT I added that story about the registration hassle. According to some people I can claim myself lucky for not being arrested for reckless driving, so eventually he gave me a citation and on the paper it says the court date, it says it is an infraction and the charge is "speeding over 100mph", and the paper shows that I was doing 104mph. I thanked the officer and merged back to the traffic. Even though it feels weird to thank something like that, but I am not going to be a jerk, one reason is because I never act like one, the other is because it could have been worse. But my problem is a bit more complex than that. I am thinking about getting an attorney assigned for my case like (Ticketbusters or ticketfixers or ticketwackers...etc) but I have heard some "rip-off" stories about them. My friend told me that I MIGHT get away with it if I reschedule the court date and the PO does not show up. Who knows? BTW, at what point can I ask for taking the driving school? Or is that something they offer me at court?
My goal is not to get an insurance raise AND if I ever plead guilty then the fine should not be more than $500. The reason why is because I am a lawful permanent resident and I have to send the USCIS extra paperwork if I get a ticket that results a fine that exceeds that amount.

What do you suggest?

Thanks for reading!
 
Last edited:
shiningstarsf said:
Hey all,

I am 24yo, have a clean driving record (so far), but 2 days ago CHP got me at doing 104mph according to the trooper. Regular stuff, pulled me over asked me why I was doing so fast and I acceptably told him that I was not aware that I was going that fast and 104mph is a lot and I am terribly sorry. He then asked for the usual things, I had a CA DL but my car was still registered to Nevada as I tried to register it to CA but they said if I come back when my Nevada registration expires they will charge me around $200, while if I get it renewed on that day (before it expires in Nevada), they will charge me $1,250. Quite a difference, huh? So I figured I will just get it renewed in Nevada and then drive back to CA and register it again (trap 22, either way I end up paying a lot of money), but paying $500 for registration is still better than paying $1,250. So 2 days ago I was driving back to get my car registered to CA when that cop pulled me over. He started arguing about my car not registered to CA and I told him that he is 100% right BUT I added that story about the registration hassle. According to some people I can claim myself lucky for not being arrested for reckless driving, so eventually he gave me a citation and on the paper it says the court date, it says it is an infraction and the charge is "speeding over 100mph", and the paper shows that I was doing 104mph. I thanked the officer and merged back to the traffic. Even though it feels weird to thank something like that, but I am not going to be a jerk, one reason is because I never act like one, the other is because it could have been worse. But my problem is a bit more complex than that. I am thinking about getting an attorney assigned for my case like (Ticketbusters or ticketfixers or ticketwackers...etc) but I have heard some "rip-off" stories about them. My friend told me that I MIGHT get away with it if I reschedule the court date and the PO does not show up. Who knows? BTW, at what point can I ask for taking the driving school? Or is that something they offer me at court?
My goal is not to get an insurance raise AND if I ever plead guilty then the fine should not be more than $500. The reason why is because I am a lawful permanent resident and I have to send the USCIS extra paperwork if I get a ticket that results a fine that exceeds that amount.

What do you suggest?

Thanks for reading!
Click to expand...

You should hire a lawyer for that particular ticket.

The fine is going to be in excess of $500 PLUS costs & fees!

You could even get up to a 30 day suspension.

A lawyer might cost you anywhere between $500-1,000 (maybe a bit more).

If you get convicted, you'll pay the fine plus costs, and your insurance rates will go WAY up.

You might also have problems with USCIS!

You should ask your friends, relatives, co-workers to recommend a lawyer or two for you.

Or, call the Bar Referral service in your county.

The court clerk can give you the number or you can Google it.

I am almost sure that ticket of this type won't automatically allow you to take traffic school.

Don't try the cute rescheduling tricks.

They won't work.

Cops don't miss court, and if they have to miss it for a good reason; it'll be continued.

Just hire you a lawyer.

Otherwise, you'll have some very big issues to address!





CALIFORNIA VEHICLE CODE: SECTION 22348-22366

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.


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22348-22366

http://www.mit.edu/~jfc/laws.html
Click to expand...
 
What is the specific offense or offenses listed on your citation (code sections please)?

Understand that changing your court date does nothing to the officer as he does not HAVE to be there on the first court date - the arraignment. If you manage to change your trial date (should you opt for trial) the officer will receive a NEW subpoena so it won't really come as a surprise to him and you stand the same odds of his not showing as you did the first time out. If the local agencies have a poor record of attendance, it is unlikely to change by continuing the matter.

If cited for speed only, and it is a first offense, a license suspension is not possible (for the speed).

Traffic school is not likely to be offered by the clerk (in the courtesy notice) but the COURT (the judge) CAN allow you to attend traffic school if you agree to plead guilty. Whether you want to go this direction or not is up to you.
 
Hello guys,

First of all, thank you very much for both responds. I truly appreciate that you are willing to help me with ideas and copying of what the law says!

The specific citation code is this:
Correctable: No. 22348(b) VC-EXC 100 mph I(nfraction)

It really was a stupid thing going this fast I have to admit and whoever reads this, do not speed, it does not worth the time difference (especially not the money you have to spend then), so I learned my lesson now. /Better later than never/...

According to the vehicle code and the fact that this was my first ticket in my life, If I plead guilty I can get a fine NOT to exceed $500 and they can suspend my license up to 30 days but according to CdwJava that is unlikely as this was my first "incident" with cops. But that's the worst case scenario.
Could any of you guys tell me how this works in the reality? (talking about the driving school)... I am mainly interested in the procedure itself... Like who offers it, when is it offered to me, or is that something that I have to ask for (for my own good), who I have to ask it from and/or who I have to offer it to?! I just do not really get this part.... Also: If I opt for trial... How does that work? Why is that "good" for me?

Thank you guys for your input once again!
 
shiningstarsf said:
Hello guys,

First of all, thank you very much for both responds. I truly appreciate that you are willing to help me with ideas and copying of what the law says!

The specific citation code is this:
Correctable: No. 22348(b) VC-EXC 100 mph I(nfraction)

It really was a stupid thing going this fast I have to admit and whoever reads this, do not speed, it does not worth the time difference (especially not the money you have to spend then), so I learned my lesson now. /Better later than never/...

According to the vehicle code and the fact that this was my first ticket in my life, If I plead guilty I can get a fine NOT to exceed $500 and they can suspend my license up to 30 days but according to CdwJava that is unlikely as this was my first "incident" with cops. But that's the worst case scenario.
Could any of you guys tell me how this works in the reality? (talking about the driving school)... I am mainly interested in the procedure itself... Like who offers it, when is it offered to me, or is that something that I have to ask for (for my own good), who I have to ask it from and/or who I have to offer it to?! I just do not really get this part.... Also: If I opt for trial... How does that work? Why is that "good" for me?

Thank you guys for your input once again!
Click to expand...

You are better off hiring a lawyer.
You aren't familiar with our US system of laws and court processes.
That is what the lawyer will help you understand.
The lawyer MIGHT be able to get you a lesser charge, they usually can negotiate with the prosecutor.

If you still want to do it yourself, you appear in court.
You can ask the judge if he/she will allow you to take traffic school.
It isn't like a real school, they just call it that.
You don't have to go and sit in a room.
You can sign up online and take it over the internet in the comfort of your home.

If the judge says yes, you sign up and take the school online.
You'll still pay the fine.
The traffic school is very cheap.
I think they run no more than $25 or so.

Here are some websites, take a look at what the "school" is all about.
As I said, its very, very easy.
Only an idiot would fail.
And, even IF you fail, they let you reatake it until you pass.

http://www.gototrafficschool.com/

http://www.onlinetraffic.com/

http://www.idrivesafely.com/California/

http://www.trafficinteractive.com/
 
I'm pretty sure traffic school is off the table if you were over 100. You can count on this being reported to your insurance. What you should be doing, with an attorney, is getting the charge reduced. You will still have a fine to pay, but will have a lesser offense with a lower fine. IF they reduce the charge, MAYBE then you will be allowed traffic school.

As for your registration issue that doesn't really fly. I won't dispute what you were told at the DMV, but I do believe you are required by law to register your vehicle in California within 30 days of residency. It does not matter if your registration has expired elsewhere... you are using CA roads and need to pay CA fees/taxes and have a CA registration.
 
For 22348(b) the CA recommended bail and fine schedule indicates it should run you about $825 with all fines and fees. The clerk of the court cannot authorize traffic school for this offense (so you cannot plead guilty ahead of time and pay the fine and do traffic school), but the court (the judge or commissioner) can.
 
Thank you!

Army judge, Java and mightymoose... Thank you for your posts. I will certainly take your tips and will let you know how the court date went.

Thank you once again for your support and ideas!

Wish you guys the best!
 
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