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I'm going to cut you a break on the ticket, but if this goes to court. . .

Kikezilla

Give me the fish!
Joined
May 28, 2006
Location
Marin, where it's better.
Moto(s)
CBR1100xx Super Blackbird
Name
emaN
Firstly, to satisfy to demands of format:

1. I believe I was cited for 22349(a), though It's a little hard to read.

2. In Mill Valley.

3. On the Bike, Honda Blackbird.

4. The CHP officer told be that I had passed him as he came onto Highway 101 at the 131 south bound onramp, at an estimated speed of 95mph. He then paced me for approximately half a mile, to a mile, and estimated my speed to 80 or 85. Then he waited to pull me over till there was a safe place to do so, which was why we were having the conversation in the strange oframp to nowhere in the Waldo grade. (I'm trying to be thorough, bear with me here).

We chatted a while, as he had ridden when he was younger, and he told me that he was not going to write me up for 90 in a 55, but rather 80 in a 65, which I was not inclined to complain about.

He also told me about a previous violation on my record, which surprised me.

5. I told him essentially nothing. I didn't admit guilt, or argue, or any of that nonsense. The only thing I said that wasn't pure small talk was in relation to a previous ticket he mentioned, which is still on my record more than two years later, where I mentioned that I had tried a TbWD, and never been notified of the results by the court, despite multiple phone calls to them. More on this in a moment.

6.This was in rush hour traffic this morning, southbound on the 101 through Mill valley, at ~9:00 this morning. Clear weather, good light, and a bunch of cars on the road, though there were some clear spaces, including the area where he says I was doing ninety.

I wasn't doing ninety, or even eighty. I may well have been doing 75 though, and the speed limit in the area is 55. I'm pretty sure I was speeding, though I did not actually check.

I'm probably going to go to court, in part to see whether the officer appears. The last time I went in they didn't and the bailiff was so gleeful on my behalf I feel I owe it to him to try for the same again. I also want to look into this previous violation, since it apparently included a 30 suspension of my license, which I had never been notified of.

Now on to my question:

I have no intention of contesting the fine if the officer is present (though I may try to get it reduced). I have been told, by CHP officers, that if an officer goes to court over a ticket on which they cut somebody a break, they are obliged to testify to the violation they actually observed, rather than the one they wrote the citation for. Now I know this sounds like nonsense, but I want to be careful here, as i was also told that the penalty for 90 in a 55 is significantly harsher.

I'd also like to know what my chances are of getting my record cleaned up for a two plus year old violation, the handling of which involved some irregularities of which I have no documentation. In Marin County court.

Any assistance greatly appreciated, any razzing accepted as my own fault for being on teh interwebz. :twofinger

A-
 
Yes, when the officer goes to court they will testify to the actual speed they think you were going (radar, estimation, pace, whatever). The officer tried to give you a break. This is sadly why I and a lot of other officers don't give breaks; you get a ticket for what you earned.
 
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You aren't giving out legal advice about speeding tickets again are ya'?:rofl

:)

Why would I do that. You must be joking me. I would never give out legal advice. However I have been both a freelance and independent paralegal since 1987. :teeth:teeth:teeth
 
Why would I do that. You must be joking me. I would never give out legal advice. However I have been both a freelance and independent paralegal since 1987. :teeth:teeth:teeth

Just don't tell him he needs a "Brown's Survey"!:rofl (I've never heard of that term used in CA.)



Sorry KZ- bad joke from another thread.:laughing
 
Instead of PMs, could you please post replies instead? I like the peer review process a bunch.


You got a break- which if you haven't done traffic school, accept it as a gift, pay the price and slow down.

You can/may go TBD and see what the judge says.
 
For future reference, CHP love 101S from the hill between Mill valley and Corte Madera, all the way up to waldo. There are over a half dozen good hiding spots through that 5 mile section or so. They love northbound as well, just not as much.

Even though I know all the spots, I still make it a point to mostly not speed through there.
 
........
I have no intention of contesting the fine if the officer is present (though I may try to get it reduced). I have been told, by CHP officers, that if an officer goes to court over a ticket on which they cut somebody a break, they are obliged to testify to the violation they actually observed, rather than the one they wrote the citation for. Now I know this sounds like nonsense, ......-

Ever heard of a little thing called perjury?

The officer will testify to his observations, what led him to pay attention to you, how he estimated then verified your speed, how he stopped you, how he identified you, and how he issued the citation. Yes he will testify to the actual speed he believes you were traveling. He will tell the judge/commissioner that he cut you a break by writing a lower speed on the citation. No telling if the judge/commissioner will feel the same way.
 
Instead of PMs, could you please post replies instead? I like the peer review process a bunch.

Sorry dude- I just don't wanna get into an discussion over the technical differences regarding speed laws w/ another BARFer. :) Big differences between 22349 (which you got a ticket for) and 22350CVC. A ton of it has been covered in other threads.:cool
 
Yes, when the officer goes to court they will testify to the actual speed the think you were going (radar, estimation, pace, whatever). The officer tried to give you a break. This is sadly why I and a lot of other officers don't give breaks; you get a ticket for what you earned.

The whole, you know, under oath thing kinda makes that the only choice when you appear before a judge. You have to site what you actually pulled someone over for rather than what the citation was written for.
 
The officer tried to give you a break. This is sadly why I and a lot of other officers don't give breaks; you get a ticket for what you earned.

This is sadly not a break at all, a real break is when you let the person go.

:thumbdown
 
sadly I can't stop watching that damn avatar
 
My experiance with the Marin County traffic court, having been there numerous times now, is that the commissioner will likely not reduce your fine. I have not seen him do that one time in all of the cases I have seen.

Just keep in mind that the officer did cut you a huge brake. By citing you for 22349(a) CVC in Marin County for 80 in a 65, rather then 22350 CVC for 80 in a 55, or even 90 in a 65 under 22349(a) he has saved you a minimum of $125.00 on your fine.

Based on your admission that you were likely going 75 MPH, and the fact that the fine is the same for 75 or 80 MPH in a 65 in Marin County, I say you take traffic school and call it a day.

Keep in mind the commissioner will be unable to answer any questions for you regarding you past case. See the folks at room C10 on the court floor at the Civic Center in San Rafael.
 
I wasn't doing ninety, or even eighty. I may well have been doing 75 though, and the speed limit in the area is 55. I'm pretty sure I was speeding, though I did not actually check.


Tell the judge the speed you believe you were doing and ask for a fine reduction. Don't dwell on the technicallity with the speed limit being 55 or 65. The speeding law is scam, I mean law is law so 80 in a 55 or 65 is still a potential point on your record that you QUOTE "earned". Not having to pay the compounding cost of increased insurance is the real break you're not getting.

Regarding your priors lost via TBWD, those probably won't be contested together with this case unless one or both were handled by the same court. You'll need to bring your copies of correspondents from the TBWD to the respective courts (clerk), ask if you can get a Trial de Novo and bundle them on the same calendar. The officers on the other dockets will be notified to appear.
 
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