Good lord, $5K worth of tickets? What did they cite you for?

 

speeding.. =[....

 

YEH ME TOO why is that... ??

in front of sjsu... i get harass like a newb who jus went into prision...

i made a right turn on a red light prior to stopping ( of course there isnt a no right turn on red light sign ) . as i turned i got pulled over.... cops like.. u know u made that turn on that red light.. ? im like uh yeh and i believe i can make the turn as long as i stop before and proceed with caution... n she got my L's and reg. n then let me go... what kinda BS is that.. ?

also infront of SJSU , i was driving and a cop was behind me on my ***... i was like O FCK right... he switched lanes drove past me about 2 cars.. then slow down 5 mph got behind me again. n pulled me over... im like wtf is this for... he said i had no front plate..... LOL are u serious... after realizing i attented SJSU they jus gave me a warning....

 

thats not as bad as mine, i got pulled over speeding in a new car i just picked up and was brining to my friends shop. tagged me for no registration and no proof of insurance, i was like damn give me the speeding ticket but i just picked up this car do i dont have all those paper work yet

 

wow... where at.. what an ******* =[

 

on 237 santa clara highway patrol. the sucky thing was having to drive down to sj at 8am to go to court

 

hahaha ur telling me.. i lived up in hayward... i had to drive down there leavin at 630 ? or 7... ? tell me why one time i even got a flat tire on the way there.. i hate waitin in line outside in the freaking cold... haha. been there so much the front desk people even recognize me... " you again.. ? wut happen ? " haha

 

Santa Clara Highway Patrol? What's that? None of SR-237 is in Santa Clara. Do you mean Santa Clara County? Or the California Highway Patrol? Anyhoooo, SR-237 is split at Maude. The San Jose CHP area office covers from east of Maude and Redwood City CHP covers west of Maude. Please don't confuse me with those slugs over at Santa Clara PD.

 

The difference is 22350 is a punitive section. 22351 is not. Did you read 22351? It basicaly spells out how to fight a citation for 22350. G35Papa's post came pretty close to how to do it. 22351 is not applicable to maximum speed limits, though.

I think I've posted it before but here it is again. There are many punitive sections for speed in the vehicle code. The main section we use in the CHP is 22349(a), which is exceeding the 65 MPH MAX. All we have to do is prove 66 MPH and, pow, guilty. 22350 is a different creature and is very complicated. Any limit that is not a maximum is prime facia or the basic speed law (read 22350). Lets say you are doing 72 in a 45 zone. I can cite either 22350 or 22349(a). 22349(a) is much eaier to prove in court. With 22350, I would have to testify as to how I established 45 is the safe speed for the roadway given all the conditions on it. That's where 22351 comes in. If you get cited for 22350, 22351 allows you to argue that with the given conditions, 72 was a safe speed. Although you probably wouldn't win in that scenerio, but say it was 50 in a 45, 50 might be a safe speed. Now back up a little bit. Lets say it's pouring rain on 101 and I've determined that the safe speed is 50 due to the wet roadway and low visibility. You come tooling along at 65 and I stop you for your speed. You yell kicking and screaming that you were doing the speed limit. But I've determined that 50 is the safe speed, 22350 applies.

There are many other sections: 22356-exceeding 70MPH (when posted, like I-5), 22348(b)-exceeding 100 MPH, 22349(b)- exceeding 55 MPH MAX on an undivided two lane highway, 22406(a-e) which applies to vehicles limited to 55 MPH MAX, like big rigs, cars pulling trailers, etc...

As fas as the 85th percentile...."google that sh*t" as Dane Cook would say, and see what you come up with. It's too lengthy to type. It's also public record.

 

yeah i guess they would be santa clara county

 

So would 22351 be applicable to me if the posted speed limit on the road I was pulled over on was 35 mph? The posted 35 mph sign is the maximum speed limit for that particular part of the street, no? Also, lets say that the mustang got the ticket for going 51 mph in a 35 mph zone and was cited 22350, would he be able to argue it with 22351 as well? Thanks for your time and help Chippie, I really do appreciate it. You can PM me if you like.

 

Yes, 22351 would apply in your case and the Mustang case. Also, 35 MPH is not a maximum speed limit. The maximum speed limit on ANY highway in California is 65. 360 CVC defines what a highway is. 35 is what the city (or county if unincorporated) has posted as a speed limit. They arrive at that number by doing a traffic survey. If the traffic survey is old (7 years or older I think), the judge will dismiss the citation based on the fact that the traffic survey for that street is no longer valid. This is public record. It is in a binder in the court room of traffic court. The traffic survey also shows what the 85th percentile is as well. If you just allow people to drive down a road with no speed limit sign, 85% of the people will drive at a speed they think is safe and reasonable for that road. Let's say it's posted 35, but the 85% of the people drive it at 43, that number is also in the traffic survey. You can have a citation dismissed based on that fact too. That 85th percentile speed is also public record. If you decide to fight it, just make sure you do all you homework before you go into the court room.

Here's the sections for speed except for 22406, but that doesn't apply to this situation. 22348 for the most part doesn't either. It's pretty boring, but there is lots of usefull info if you want to sift through it.
http://www.leginfo.ca.gov/cgi-bin/di...le=22348-22366

 

^Sounds like you "may" have a dismissed case Mike...no all you can eat pizza traffic school Saturday or points on your record

 

Chippie,
Rob here.. Your awesome thanks for your knowledge and input. One thing struck me. Before you mentioned that if you were driving in bad weather(rain or such) and you determend that the safe speed was say 50 mph. How do we as the driving public know what you have descided? One would hope that you would stop just those who were far above the safe limit. Chippie, have you ever stopped people for driving too slow or not yeilding to faster traffic. I see so many people drive as if they own the lane and "im not moving" if people drove like this is Europe they would be run off the road into a ditch!
Comments?
Thanks again

 

I've had CHP yell at me over their loudspeakers during the rain once. I was doing the limit. Very nice of the fellow.