Topic: Has anybody fought a 22348(b) violation with TBD and won?  (Read 6928 times)

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Offline MotoInked

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Just curious...
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oldman

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Huh??? If you go to court with a lawyer and the cop lies, you will lose. They don't want to lose, so they will lie.

Offline keithtq

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Have not tried Trial by Written Declaration, but it may be worth your while as sending a lawyer (in my case) was a complete waste of money.

I wasted 200 with "The Ticket Clinic" to show up.  If the cop shows up as well, you lose.  PERIOD.  Because mine was 25mph over limit, it was automatic point on license, no drivers' course allowed, another 200 something for the fine.

We are a revenue stream for the county and pretty much guilty by sportsbike.

Good luck!

Offline NixTheWiz

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 With TBD the officer doesn't get paid to respond. Show up in court the officer gets paid double per hour they spend. Guess which one an officer is more likely to do?
« Last Edit: 10/28/12 01:44PM by NixTheWiz »
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Offline Don

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I think that would be a very hard ticket to fight. About the only way I could see winning is if you had video or GPS evidence showing that you were in fact not exceeding 100mph.  But then you would likely be providing proof you were exceeding the state's maximum legal speed limit of 65mph.  Even trying to find fault with the method of speed determination would be slim as you are fighting a difference of 35mph OVER the legal limit, not just a couple mph.

V C Section 22348: Excessive Speed and Designated Lane Use

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.

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Offline MotoInked

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Hmmm...sounds desolate. Thanks guys.
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Offline FlyingScotsman

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Maybe you can be the first, might be worth the try.  :26:   :42: :42: :42:

Offline NixTheWiz

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Hmmm...sounds desolate. Thanks guys.
Remember if you do TBD and the officer doesn't respond, you win. Even if you just write "I'm not guilty" on the paper that you send in. Again the officer does not get paid to respond to TBD. TBD is extra paperwork that they have to do and you have a good chance of winning because they don't always like doing the extra paperwork. If TBD fails you can always do a Trial de Novo and show up in court. If the officer fails to show up, you win by default.

You lose nothing but a bit of time to fight your ticket. Or if your time is worth that much just pay the fine and take the violation point on your record.
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Offline LBCR1

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i can give the number of the lawyer i used who got my reckless driving ticket case reopened and then he got it removed from my record

Offline Throttle Chopper

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Consulting a lawyer may be a good option, but even an engineering and traffic survey isn't going to justify driving 100+ mph anywhere...  :36: 
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Offline FlyingScotsman

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Maybe it was only 99 and the calibration of the CHP speedometer wasn't up to date  :17:

Offline sgt_0331

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I won by trial by declaration

Offline ThrillQuest

Isn't 22348b a mandatory court appearance? 
The speedometer only serves as a distraction.
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Offline kingchickenstrip

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My wife had one for going 100.  She was able to get out of it because the radar had a 2-4 mph error margin. There was a possibility she could of been going under 100 mph so it was dismissed. If it was lidar she would be paying for a very expensive ticket. 
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Offline !Mid Cities!

With TBD the officer doesn't get paid to respond. Show up in court the officer gets paid double per hour they spend. Guess which one an officer is more likely to do?

It's more like time and ahalf, not doubled.

Offline SakiBomb

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Because mine was 25mph over limit, it was automatic point on license, no drivers' course allowed, another 200 something for the fine.

We are...pretty much guilty by sportsbike.

I fail to see how you're guilty JUST because you have a sportsbike. :26:

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Offline Shenanigans

Because mine was 25mph over limit, it was automatic point on license, no drivers' course allowed, another 200 something for the fine.

We are...pretty much guilty by sportsbike.

I fail to see how you're guilty JUST because you have a sportsbike. :26:

Maybe he lives in HB? :)

Offline SakiBomb

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Because mine was 25mph over limit, it was automatic point on license, no drivers' course allowed, another 200 something for the fine.

We are...pretty much guilty by sportsbike.

I fail to see how you're guilty JUST because you have a sportsbike. :26:

Maybe he lives in HB? :)

Funny :32: but irrelevant. 25 over will get you in trouble anywhere, on ANY vehicle.

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mbstr

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Whatch it now, You can not believe how many KNUCKLEHEADS ride thru this city every day. Been riding in this city for 30 years and had one ticket for loud pipes in 86, Its all how you conduct yourself!!!
« Last Edit: 10/29/12 09:45PM by mbstr »

Offline fotoman

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Whatch it now, You can not believe how many KNUCKLEHEADS ride thru this city every day. Been riding in this city for 30 years and had one ticket for loud pipes in 86, Its all how you conduct yourself!!!

Yep, just got back from Palm Springs and as soon as I came into Orange County I got BUZZED by a SQUID.

 

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