Something every CA driver should read..

[Syringer]

Not sure if this has been posted..but this is best site in the world.

You sort of have to register for the site to get some of the meat of the info, so I'll just post some brief snippets..which themselves are snippets.

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

http://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm

"The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11."

Meaning..you don't have to show up to court, wait 4 hours, to do whatever..you can do it ALL by mail.

" If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."

Translation: if you get nailed, you can appeal.

A WHOLE lot of other info there..check it out.

 

[boyRacer]

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

LOL... i'd probably get slapped another ticket if i told the cop that.

 

[Zugzwang152]

heh, looks like they're trying to save money and take the load off the traffic judges

 

[HappyPuppy]

Go for it. Report back here after you passed up a cop doing 75mph on the hwy.

 

[Yossarian]

Originally posted by: Syringer

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

Wrong, keep reading. That's the general rule. It doesn't let you violate posted speed limits. In fact you can be cited for speeding at less than the posted speed limit if the driving conditions are dangerous (snow, ice, etc.).

 

[Zugzwang152]

Originally posted by: PipBoy

Originally posted by: Syringer

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

Wrong, keep reading. That's the general rule. It doesn't let you violate posted speed limits. In fact you be cited for speeding at less than the posted speed limit if the driving conditions are dangerous (snow, ice, etc.).

sh!t, good point...oh well for cali peeps

 

[Ns1]

Originally posted by: PipBoy

Originally posted by: Syringer

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

Wrong, keep reading. That's the general rule. It doesn't let you violate posted speed limits. In fact you be cited for speeding at less than the posted speed limit if the driving conditions are dangerous (snow, ice, etc.).

correct

 

[Syringer]

Originally posted by: PipBoy

Originally posted by: Syringer

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

Wrong, keep reading. That's the general rule. It doesn't let you violate posted speed limits. In fact you be cited for speeding at less than the posted speed limit if the driving conditions are dangerous (snow, ice, etc.).

Well, what happened was I got a ticket for CVC 22350, which is what I posted above. However I did not break CVC 22350. Therefore the ticket is invalid.

 

[DanFungus]

I heard from my friend that he was listening to some speaker person from police department, and teh guy basically said that you can argue your speeding ticket, because the "safe" speed of the road may be higher than the posted speed, so you can get the ticket dropped or lessened...

 

[notfred]

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Sections 22348-22413 have a LOT of extra speed rules. There is practically nowhere that 22350 actually applies as a maximum speed limit. The purpose of the law is to allow an officer to cite you for speeding when you're doing 50 in a 65 in the hail with a flooded road and kids playing in the street.

I have challenged a ticket that was issued as a violation of section 22350. I was going 69 in a 50mphzone, but cited for violating section 22350. I argued that the speed I was going was safe, based on good road, wether and traffic conditions, etc. The judge cut my fine in half, but was by no means dismissed.


I hope you don't actually challenge any tickets by mail. You have no guarantee that anyone even read it.

 

[Syringer]

Originally posted by: notfred

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Sections 22348-22413 have a LOT of extra speed rules. There is practically nowhere that 22350 actually applies as a maximum speed limit. The purpose of the law is to allow an officer to cite you for speeding when you're doing 50 in a 65 in the hail with a flooded road and kids playing in the street.

I have challenged a ticket that was issued as a violation of section 22350. I was going 69 in a 50mphzone, but cited for violating section 22350. I argued that the speed I was going was safe, based on good road, wether and traffic conditions, etc. The judge cut my fine in half, but was by no means dismissed.


I hope you don't actually challenge any tickets by mail. You have no guarantee that anyone even read it.

The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

 

[911paramedic]

If you dont already know that you should drive the speed that is appropriate for the conditions you deserve a ticket. You need to know that stopping distances are greatly increased during wet conditions. If not, you may have some of these guys come looking for you.

Be aware of your conditions and try to stay within them. I was a part of Al Gores '97 motorcade (yes, the secret service checked us out and gave us one of their phones. The SS also searched our ambulance and ran the dogs through it) through SF and Berkley. It was a great honor, being the medic for the second most powerful man in the world, something I will never forget.

(funny thing is my partner, Phil, started to spin out sideways,
while we all left the private tamrac, it was painted and wet so it was quite slick. We were the fourth from the end and we did quite a nice zig-zag on the paint. We handled it well (after a few slips and slides) but stayed in pace with the motorcade.

It was really incredible, there were no cars on the road from SFO to the base of the Bay Bridge, that included stopped or stalled cars. Gore gave his speach at Berkley and then we went back to SFO. There was nobody else on the road but us, it was amazing. I had never crossed that bridge or gone to SFO without ANY traffic. The SS and the police had cleared the road as we went and did an exceptional job. I have never seen anything like it.

After participating in that, I have no idea how the SS is able to keep track of the president/vice-president on these trips. It is an incredible challenge and I admire them for partaking in it.

D. Lehman, EMT-P

 

[DanFungus]

That's some pretty neat information....good to know

 

[911paramedic]

Originally posted by: DanFungus
That's some pretty neat information....good to know

It really was an honor, and we got to meet Mr. Gore before he left SF.

 

[notfred]

Originally posted by: Syringer

Originally posted by: notfred

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Sections 22348-22413 have a LOT of extra speed rules. There is practically nowhere that 22350 actually applies as a maximum speed limit. The purpose of the law is to allow an officer to cite you for speeding when you're doing 50 in a 65 in the hail with a flooded road and kids playing in the street.

I have challenged a ticket that was issued as a violation of section 22350. I was going 69 in a 50mphzone, but cited for violating section 22350. I argued that the speed I was going was safe, based on good road, wether and traffic conditions, etc. The judge cut my fine in half, but was by no means dismissed.


I hope you don't actually challenge any tickets by mail. You have no guarantee that anyone even read it.

The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

By your logic, nobody has ever driven faster than was reasonable and prudent, just because there's a law against it.

 

[Syringer]

Originally posted by: 911paramedic
If you dont already know that you should drive the speed that is appropriate for the conditions you deserve a ticket. You need to know that stopping distances are greatly increased during wet conditions. If not, you may have some of these guys come looking for you.

Um, yeah. As stated on my ticket, road conditions were dry, and the weather + traffic was clear.

 

[OS]

Originally posted by: Syringer


Well, what happened was I got a ticket for CVC 22350, which is what I posted above. However I did not break CVC 22350. Therefore the ticket is invalid.

If you're going to do a trial by declaration with that as your defense, you're going to lose. I've already tried it.


You might be able to pull off that claim in court, but chances are not in your favor. Most people who do actually have to argue against a cop lose. That's just the way the system works. You're better off just hoping the cop won't show.

 

[Syringer]

Originally posted by: OS

Originally posted by: Syringer


Well, what happened was I got a ticket for CVC 22350, which is what I posted above. However I did not break CVC 22350. Therefore the ticket is invalid.

If you're going to do a trial by declaration with that as your defense, you're going to lose. I've already tried it.


You might be able to pull off that claim in court, but chances are not in your favor. Most people who do actually have to argue against a cop lose. That's just the way the system works. You're better off just hoping the cop won't show.

On the ticketassassin, if you register, there are pages where he gives you documents, word for word about what you should write...you just have to modify a few things.

 

[manly]

Originally posted by: Syringer

CVC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

In other words, you can go over the "speed limit" and not break the law..so long as you do it "safely".

You fool, that's known as the basic speed rule.

It doesn't mean you can violate posted signs or any other traffic regulations. It means that you cannot use a posted speed limit as a defense if the road conditions are too hazardous for normal driving. Your interpretation is strictly bogus.

 

[OS]

Originally posted by: Syringer


On the ticketassassin, if you register, there are pages where he gives you documents, word for word about what you should write...you just have to modify a few things.

Just cause you read ticketassassin doesn't mean you have a working defense.

Go ahead and try it, it is a learning experience after all, but just know it's probably not going to work.

 

[oldirtythao]

sounds like you actually never went to traffic school for a ticket before...
a speed limit has like a 5-10 mile an hour leway dependin on weather and such.. but its at the descretion of the cop not to you, and the maximum speed limit can never be broken, technically you can be ticketed for goin over by 1 mph.. and i've seen it happen...
Unless its a serious charge where you can't go to traffic school, i'd just pay the extra bill or something to go to traffic school and waste a saturday, its better than wastin your time in court and probably getting fined for the ticket, very rarely do you win a speeding ticket case,sure the cop may not show, but that can only happen if he's call to some crime while on duty very unlikely, it happens, but it is unlikely...

and yes i know i don't capitalize or spell right, but eh.. i dont care

 

[theNorseman]

eh ALL - Check Out MC's Site Here: Struggling Agianst Parking Enforcement

it's relatively new soooooooo . . .

PS - Thanxz Syringer





norse