: HELP !!! CVC 22348 Exceeding 100mph !!!!!
boolee803 11-09-2004, 12:31 PM Hey everyone, I know I know but comeon tell me somebody that's never speed past 100mph on a sportbike before. But anyways I hope some of you will help me out instead giving negative feedbacks.
Well I was caught by CHP (California Highway Patrol) late at night about 12:30 A.M. supposedly he stated that I was traveling at a speed of more then 100 mph, but when I asked him for proof, he justly simply stated that from he observed me from a distance behind, he didnt have proof either on laser, radar, or even paced. When he asked how fast I was going offcourse I told him I was traveling alot slower like around 75-80, yet I still got poped for cvc 22348 (b) Exceeding 100 mph.
Does anyone fought this type of citation before, regardless what state you are from, please please all information would help. If anyone have any suggestions of how to fight the citation please let me know, past experience from fighting this specific citation would be great, or similar if u are not from CAli. Any help will be greatly appreciated.
dviii 11-10-2004, 03:25 AM see your other post.... get a lawyer.
makav3li 11-17-2004, 06:35 AM if your in the san diego area go get mr. ticket, hes good
bimotasb6r 12-08-2004, 05:16 AM All the Chippy needs to say is that he paced you at that speed and your sunk. They are also trainedextensively on judging sppeds without using radar. Suck it up and beg for traffic court which will save you on the insurance. (though due to the speed you may not get the school)
INFERNL 12-09-2004, 10:51 AM You're screwed.. CHP is trained to guess speeds (and it holds up in court). They must be within a certain amount of error (very low percentage) to qualify for patrol...
Get a lawyer bro...
Dumper 12-09-2004, 03:33 PM Or you get two tickets like me. Both over 140mph... Then you leave the coutry for the past 6 years (military living in japan). Then when you finally call they tell you taht the statute of limitations in california for non-alcohol related citations is 5 years and that they have been completely cleared from your record as if they never happened.
Thats my sugestion, other than that. Get alawyer...
brixxer1100 12-11-2004, 11:12 AM its mandatory appearance correct? even if it is go in B4 your court date and ask to see the judge. plead not guilty and you want TRIAL BY COURT. that way the cop has to show up. make up an excuse why u cant be back until AFTER your original date or u can do it b4 the original date. then show up on that day and usually the cop wont be there. and it gets dismissed.. by doing that it throws the cop off on his appearance dates. or somethin else u can do is go in and keep asking for a continuance until the judge says no more. by that time the cop has forgotten about it. worked for a buddy of mine 4 tickets in a month on his bike and beat everyone of them.,
Not2BRekinwiT 12-11-2004, 11:09 PM brixxer1100 said:
its mandatory appearance correct? even if it is go in B4 your court date and ask to see the judge. plead not guilty and you want TRIAL BY COURT. that way the cop has to show up. make up an excuse why u cant be back until AFTER your original date or u can do it b4 the original date. then show up on that day and usually the cop wont be there. and it gets dismissed.. by doing that it throws the cop off on his appearance dates. or somethin else u can do is go in and keep asking for a continuance until the judge says no more. by that time the cop has forgotten about it. worked for a buddy of mine 4 tickets in a month on his bike and beat everyone of them.,
NOT TRUE! They will not dissmiss it if the cop doesnt show up. NOT ONCE but 3 times the cop must not show up and they will throw it out. If its a petty fine like 3 miles over the limit maybe but defintaly not 100.
brixxer1100 12-12-2004, 02:31 AM Well over 100 is considered reckless endangerment so that may be true.. but if it isnt a mandatory appearance this trick does work. I figured it was though, but thought i would post it for others that may get tickets for like 20 over and other bs stuff. I do know when i did it also probably 90% or more were thrown out because the cop never showed.. granted i dont know what everyone else was there for.
elmuerto 12-16-2004, 05:25 AM you did not get arrested? chp arrested my boy for doing 105 in a 65.
ikemey 12-17-2004, 05:38 AM Hey CHP pulled me at 90mph. I showed up to court and cop didn't show so they dismissed it. The dismiss it from the first time unless the cop writes to the court saying he is on leave or vacation and then they will schedule another court date. CHP miss about 30% of their court dates. LAPD officers show up almost always because for them it is mandatory and they get reprimanded for it. COuple years ago there was a big controversy where a superior officer asked a cop who ticketed a friend of his to miss court. The cop did and when his superior asked why he missed it he told him the story and the superior officer was charged with witness intimidation and was fired and now LAPD officers have to show up for court unless they have a really really good excuse. CHP don't have such rules and I believe they don't get paid extra to go to court so CHP prefers their officers to issue more tickets rather than wasting time in court. This all comes from a friend of mine who's brother in law is an LAPD Motor cop. Good Luck, definitely go to court. If you see the officer who gave you the ticket in court you still get the chance to plead guilty in front of the judge and ask for traffic school. Also the ticket will likely be somewhere around $750 and two points since it is reckless endangerment. In your case since the cop only paced you I'd spend the $750 (STANDARD FEE) on a lawyer and not have this on your record.
spongebob 12-19-2004, 02:54 AM i see a chp car outside the court house all the time....but i live in a one horse town that has
more leo's per capita than anywhere..this is no shit, you can see one every 5 miles on highway 395 up here..at the top of our crime list is pot smokers......and drunk indians.
chicogixr 03-17-2005, 10:33 AM if he judged your speed, you can request when he was last certified at doing so if he shows up to court. if the ticket says he got you on radar (not laser), ask for the radar log book that shows when he last tested the radar with the tuning fork. im an MP and we have to test it 3 times a shift if we use it.
Mike04600 03-21-2005, 01:13 PM Yea, if in San Diego call Mr Ticket. My buddy called him today actually, 99 bucks/ticket. If your not in the area a lawyer may be able to plea bargin it down where you wouldn't be able to.
Cali05GSXR600 03-25-2005, 12:58 AM Quote:
"its mandatory appearance correct? even if it is go in B4 your court date and ask to see the judge. plead not guilty and you want TRIAL BY COURT. that way the cop has to show up. make up an excuse why u cant be back until AFTER your original date or u can do it b4 the original date. then show up on that day and usually the cop wont be there. and it gets dismissed.. by doing that it throws the cop off on his appearance dates. or somethin else u can do is go in and keep asking for a continuance until the judge says no more. by that time the cop has forgotten about it. worked for a buddy of mine 4 tickets in a month on his bike and beat everyone of them., "
Not true. I am a Police Officer in California and the date on the bottom of the citation is meaningless. That is only the date you must contact the courts by, not the date of actual court. If you wish to contest the violation in court you will need to go down to the court house in the county the violation occured in and have a date set. Then a subpeona will be sent to that Officer for that court date. Being that it is CHP (Those guys would give their own mother a ticket), I can almost guarentee he will not fail to appear in court. One, because that would be a violation of the law because he will recieve a subpeona, and two, if he was working at 1230 am then he is on grave yard shift. That means court will be an easy minimum 3 hours of overtime. Easy money.
Also the post about the Officer having to fail to appear 3 times before a citation gets dismissed is also wrong. If he doesn't show up for some reason, you win. I've even seen criminal cases be dismissed because an Officer did not show up to court and pissed the judge off.
As for advice ..... take it to court. You really have nothing to lose. I don't know the rules in your county but up here in Yuba County you would not be able to go to traffic school on that violation. So your only hope is that the Officer won't show up. If he does you're done and you're going to be found guilty 99 times out of 100. I've never lost in traffic court. If you do go to court and the Officer does show up I'd advise you to fully admit what you did and through yourself on the mercy of the court. Even if you feel you wern't going over 100 you had better say you were. Explain to the judge that you have no excuse for your actions and you deeply regret your lack of judgement. Ask that the violation be reduced to 22350 (Basic speeding). That's your best bet.
P.S. I have NEVER pulled a bike over.
JetSpeedz 05-21-2005, 12:10 PM Hey CHP pulled me at 90mph. I showed up to court and cop didn't show so they dismissed it. The dismiss it from the first time unless the cop writes to the court saying he is on leave or vacation and then they will schedule another court date. CHP miss about 30% of their court dates. LAPD officers show up almost always because for them it is mandatory and they get reprimanded for it. COuple years ago there was a big controversy where a superior officer asked a cop who ticketed a friend of his to miss court. The cop did and when his superior asked why he missed it he told him the story and the superior officer was charged with witness intimidation and was fired and now LAPD officers have to show up for court unless they have a really really good excuse. CHP don't have such rules and I believe they don't get paid extra to go to court so CHP prefers their officers to issue more tickets rather than wasting time in court. This all comes from a friend of mine who's brother in law is an LAPD Motor cop. Good Luck, definitely go to court. If you see the officer who gave you the ticket in court you still get the chance to plead guilty in front of the judge and ask for traffic school. Also the ticket will likely be somewhere around $750 and two points since it is reckless endangerment. In your case since the cop only paced you I'd spend the $750 (STANDARD FEE) on a lawyer and not have this on your record.
not true.. once you show up to court for your trial date you waive the right to pleed guilty and give up your rights to traffic school... the only time you can go to traffic school is on your court date where you pleed guilty, not guilty or no contest... if you pleed not guilty they schedule a trial date which the officer either appears or does not... if he does and you lose your screwed b/c they tack on a nice hefty fine on top of what you already owe so you will end up paying like 3 or 4 times the cost of the original ticket depending on the jurisdiction and the court...
if you havent gone to traffic school use it.. if you have and you wanna take a chance with the cop pleed not guilty but make sure you remember the cops face.. if you show up and you see him you better run your ass to the clerks window and pay the orignal fine rather then staying in the room and waiting for the judge to say guilty and tack that fine on the original fee... there's a shit load of technicalities to this and depending on whether or not your insurance company allows for 1 traffic school and an extended you have to weight your options...
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