My question involves traffic court in the State of: California
Hello I use to be a member here about 5 years and have not been around since I haven't gotten any moving violations for a while. I am 25 years old driving for 7 years. I have no points on my record and my last moving violation conviction was in September 2013 (before that 2009) for not making a complete stop and a stop sign. I went to traffic school and took care of it. However, I did request for dismissal since I had been 5 years clean and I was attempting to go through the Military MEPS process for the army (did not get in due to ear examination). The Judge was kind enough to dismiss the bail amount and send me to traffic school for a $64 penalty. I was glad to hear it as I was pretty low in money.
I now find myself in the process of being hired at the United States Postal Service and find myself having to address this citation. The citation was given almost a year (11 monthish) after the stop sign one. It has now been 16 monthish since the last one and I have no other pending tickets and have been issued none as well. I'm assuming the same lady judge will be there and want to know what my chances are in requesting an 8 hour traffic school so it does not show up on my MVR. I say this because the post office cares for convictions in the last 5 years that show up. If found guilty this would be my only one, but I'd rather be without the stigmatization of a speeding ticket. I really do not have a speeding problem anymore..use to 5 years ago..but I typically keep it around 5 over and under 10 at most.
Does the judge have the authority to send me to 8 hour traffic school since I'm on the edge of 18 months? Was 12 back when I went. Or will the DMV override such a thing? I'm not quite sure how that would work. And if it is not possible how about asking for a reduction from a moving to a non-moving violation. As my main concerns are to not jeopardize my future prospects with the post office or other such driving jobs. The only other things I had was a seatbelt ticket in 2013 and an accident in a gas station in 2/12, which I was found not at fault..was broad swiped. I realize my chances may be diminished since I sort of called in a favor last time..however..I have just enough money to pay the full $300 for traffic school or the $240 for the ticket if it gets busted down. I will tell the judge of my current situation and plead for mercy. I went to the citing officer a few days later to discuss such action and he said that's something I would have to go to the judge for to ask and since there is no prosecution here. I can get no additional opinions. Only the Judge opinion matters so it seems.
So here are the DETAILS surrounding the situation. I came back from a late night showing (Still got the stub). It was about 1 in the morning and the traffic was marked Light (no cars ahead, aside, or behind for over 100 yards). Weather was Clear. Streets Dry. Dark but with plenty of lighting (I have the Engineering Survey, even though I know it has no bearing since I was paced). And I was in a business area. Two lanes going each way with raised median island. Sidewalks, Fair road conditions, good lateral visibility and a gradual S curve with no vertical curve. Posted Speed 35 Miles Per hour I was cited for 45, but in fact I got me at 50 but gave me a break. Which I recognize and am kind for, but still I find myself at least wanting to change it to a different moving violation..like failed to signal or something. I'm not really a habitual speeder. What else..1.67 accidents per year. 0.31 accidents per million miles..85th is 36.0 mph..10mph pace 28-37. The survey was 11/20/2006. I'd also like to say I was at city limits and actually pulled over in Duarte where the limit comes up to 40..so on paper its 5 miles over. The department is Monrovia PD.
If I were to fight this would my chances be good? I believe they would be so and I reference PEOPLE v. BEHJAT (2000) and PEOPLE v. HUFFMAN (2000). The decision was that the evidence did not prove the elements of 22350 and that 22351 is well its murky..its not really apart of it nor is it a seperate charge? I heard that it is apart and that it shifts the burden of proof to my end..and ask questions like was my vehicle observed to lose control or act eradictly..given that I was going only 45 on road that was empty at 1 AM and that it was soon to become a 40 MPH. Do I got a shot at either winning or convincing the Judge?
If I left anything out ask.
Thanks
Hello I use to be a member here about 5 years and have not been around since I haven't gotten any moving violations for a while. I am 25 years old driving for 7 years. I have no points on my record and my last moving violation conviction was in September 2013 (before that 2009) for not making a complete stop and a stop sign. I went to traffic school and took care of it. However, I did request for dismissal since I had been 5 years clean and I was attempting to go through the Military MEPS process for the army (did not get in due to ear examination). The Judge was kind enough to dismiss the bail amount and send me to traffic school for a $64 penalty. I was glad to hear it as I was pretty low in money.
I now find myself in the process of being hired at the United States Postal Service and find myself having to address this citation. The citation was given almost a year (11 monthish) after the stop sign one. It has now been 16 monthish since the last one and I have no other pending tickets and have been issued none as well. I'm assuming the same lady judge will be there and want to know what my chances are in requesting an 8 hour traffic school so it does not show up on my MVR. I say this because the post office cares for convictions in the last 5 years that show up. If found guilty this would be my only one, but I'd rather be without the stigmatization of a speeding ticket. I really do not have a speeding problem anymore..use to 5 years ago..but I typically keep it around 5 over and under 10 at most.
Does the judge have the authority to send me to 8 hour traffic school since I'm on the edge of 18 months? Was 12 back when I went. Or will the DMV override such a thing? I'm not quite sure how that would work. And if it is not possible how about asking for a reduction from a moving to a non-moving violation. As my main concerns are to not jeopardize my future prospects with the post office or other such driving jobs. The only other things I had was a seatbelt ticket in 2013 and an accident in a gas station in 2/12, which I was found not at fault..was broad swiped. I realize my chances may be diminished since I sort of called in a favor last time..however..I have just enough money to pay the full $300 for traffic school or the $240 for the ticket if it gets busted down. I will tell the judge of my current situation and plead for mercy. I went to the citing officer a few days later to discuss such action and he said that's something I would have to go to the judge for to ask and since there is no prosecution here. I can get no additional opinions. Only the Judge opinion matters so it seems.
So here are the DETAILS surrounding the situation. I came back from a late night showing (Still got the stub). It was about 1 in the morning and the traffic was marked Light (no cars ahead, aside, or behind for over 100 yards). Weather was Clear. Streets Dry. Dark but with plenty of lighting (I have the Engineering Survey, even though I know it has no bearing since I was paced). And I was in a business area. Two lanes going each way with raised median island. Sidewalks, Fair road conditions, good lateral visibility and a gradual S curve with no vertical curve. Posted Speed 35 Miles Per hour I was cited for 45, but in fact I got me at 50 but gave me a break. Which I recognize and am kind for, but still I find myself at least wanting to change it to a different moving violation..like failed to signal or something. I'm not really a habitual speeder. What else..1.67 accidents per year. 0.31 accidents per million miles..85th is 36.0 mph..10mph pace 28-37. The survey was 11/20/2006. I'd also like to say I was at city limits and actually pulled over in Duarte where the limit comes up to 40..so on paper its 5 miles over. The department is Monrovia PD.
If I were to fight this would my chances be good? I believe they would be so and I reference PEOPLE v. BEHJAT (2000) and PEOPLE v. HUFFMAN (2000). The decision was that the evidence did not prove the elements of 22350 and that 22351 is well its murky..its not really apart of it nor is it a seperate charge? I heard that it is apart and that it shifts the burden of proof to my end..and ask questions like was my vehicle observed to lose control or act eradictly..given that I was going only 45 on road that was empty at 1 AM and that it was soon to become a 40 MPH. Do I got a shot at either winning or convincing the Judge?
If I left anything out ask.
Thanks
Traffic School: CVC 22350 (Basic Speed Law) Request Traffic School/Reduction to Non-Moving
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