TRAFFIC SCHOOL? IN A 22350VC CASE?
In California, as a licensed driver you may attend a traffic school once every eighteen months, instead of going to trial. If you attend traffic school, you pay the regular court fine plus a traffic school fee.
Traffic school is an eight-hour course. Some courts will accept a traffic school offered on the Internet.
Some judges will let you attend a second offender traffic school (a 12 hour course). The DMV will not access a point against your license. However, insurance companies will know you attended the second offender traffic school and that you must have attended an eight-hour traffic school.
If you complete the first offender traffic school, your insurance company will not find out about your ticket and the DMV will not access a point against your license.
Some courts will not let you attend traffic school if your speed was 20 mph over the posted speed limit. Sometimes an attorney can get traffic school when you cannot. Strange, but true.
If you are charged with a two-point violation, you will not be eligible for traffic school. Reckless Driving (23103 VC), Exhibition of Speed (23109 VC), driving at 100 mph (22348 VC) are examples of two point violations.
A charge of Reckless Driving and Exhibition of Speed may be charged as a misdemeanor instead of an infraction. Misdemeanors carry more serious consequences.
Insurance companies may choose not to increase your premiums if you only have one point against you within the prior12-month period. Be sure to check with your insurance company.
If you have no points against your license and you are charged with driving at less than the state maximum speed of 65miles per hour, a violation of the Basic Speed Law (22350 VC) and radar or laser was involved, you should fight the ticket.
Every posted speed limit is legal. If a local city or county wants to post a speed limit that is LESS than the maximum state speed of 65 miles per hour, they have to justify the reduced speed by preparing an Engineering and Traffic Study (Survey) that fully complies with the law.
The cities often cheat plus the survey is no good!
The first step in my trial prep of a 22350 VC case (under 65mph), I get copies of the Survey that MUST comply with the law. In my experience, the survey DOES NOT COMPLY WITH THE LAW, and that my friends ,is a Speed Trap in California!
The reason for considering going to trial is because California has passed very powerful speed trap laws. The officer who testifies must present to the court the original or a certified copy of the survey for the street or highway involved but it's usualy no good!.
The police officer can legally hide and use his radar or laser device. However, because of the speed trap laws, if you know what the law is, the judge will have to dismiss the case against you. The police officer will not be prepared for your defense he or she is only a witness!
Please remember this, if the posted speed limit is less than 65 mph and radar or laser is involved, if you know the laws, the chances are awesome that you will get the case dismissed.
The police officer won’t have a chance, unless the judge ignores the law in order to help convict you. There are judges who will do that. There are remedies for judges who will not obey their legal duties to follow the law and render justice under law.
Ours is a system of laws…and not of men. It comedown to this: IF WE MUST OBEY THE LAW, SO MUST THE COURT, IT’S OFFICERS AND THESURVEYS MUST COMPLY WITH ALL THE LEGAL REQUIREMENTS.
My job, or yours if you choose to take it on, is to show the court what the laws are…and win the case because the police officer will not know the law of speed traps BECAUSE WE STUDIED THE LAWS!
The police officer is not a prosecutor, only a witness for the prosecution. Most courts will not have a prosecutor against you. The police officer is not a lawyer and will not be prepared, and cannot argue against the tough and excellent laws that favor a fair trial, in other words, you!
Most police officers only have to contend with people representing themselves who don’t know the laws. Most of the time, for the cops, it’s like” shooting fish in a barrel”. Go to court sometime and see how often a defendant representing him or herself is found guilty. It’s very, very sad.
I’ve worked had and devoted my studies to learn all I can possibly learn about defending traffic cases. I have been astonished at how great the defenses are (and so have many, many courts!) I’ve had court reporters silently clapping at my presentation of the defense. It is so rare and fine to see so many clients found not guilty BECAUSE THEY WERE NOT!
If we must obey the law, then so must the government when they bring us to court with shoddy incomplete surveys that are unlawful because they do not meet the requirements of law.
The next time you see a posted speed limit of say 40miles per hour, practice asking yourself, “I wonder if the survey for that sign justifies the reduction?” If my experience is any indicator, it does not!
Think about it. Traffic School or Fight?
By use of the law in court, my client’s 22350 cases are rarely lost.
I believe that if you are faced with a 22350VC case and the radar/laser ticket says your speed was 65 mph or less (not a school zone, business district or “local road”) you should retain a competent, experienced traffic lawyer and go to trial.
There is wisdom in going to trial and saving your traffic school option for the tough case that is hard to win. I’m afraid that it is all too common for judges to side with the police officer when a law defense isn’t used but the case turns on the courts weighing the credibility of your testimony versus the police officers usually inadmissable evidence.
In the law we have an “Instruction” that is given to jurors who retire to consider the evidence in a case. That instruction basically states that a police officer’s testimony is not entitled to more credibility than yours just because he’s a police officer.
The best way to win a law case is ON THELAW. Many people go to court because they thought the ticket was not fair. When you know the law, you know what that fairness requires. Otherwise you will lose.
The judge will have a hard time ignoring a law defense that compels him to find you not guilty. I know those laws and use every law and fact that applies in your case.
Send me an email or call me if you want further information or just to encourage me to keep fighting the good fight for justice under the law.
Our privilege to drive is so very important. Insurance companies will raise premiums when we get points against our license. I suggest you treat a moving violation very seriously. Some insurance companies will not insure you if you have two points within a 12 month or longer period.
Most of my clients are motorists who have a problem with DMV points or getting insurance.
If you have no DMV points against your license in the past 12 months be sure you make an informed and intelligent decision before you choose to attend traffic school.
You took your best shot and still lost! However, you didn’t roll over and plead guilty, you and your lawyer used the law and facts and fought the good fight and didn’t make it easy for them!
I’m a True Believer in the power of the laws that favor the defense and make it very tough for a police officer and judge to convict you in a 22350 VC case.
Why plead guilty! You will be assessed one DMV point and the fine. What happens when you pick up another moving violation and it’s not a 22350 VC case? I win a lot of those cases because I can find the all the laws and dig out all the facts and present your case very persuasively in court.
Let me offer a very possible future scenario for you to consider. You are driving on a freeway and the flow of traffic is traveling faster than the 65 mph state maximum speed.
You are thinking about your world with its concerns, considerations and joys. A California Highway Patrolman sees your car the cluster of cars that are in the flow of traffic. Being in the flow of traffic is no defense.
Any car in the flow can be given a 22349 VC citation. The Speed laws don’t apply!
When the speed is 65 mph or LESS (22350 VC), the courts MUST apply the Speed Trap laws and that’s one major reason a 22350 VC can so successfully be defended.
The next time you are cruising along on a freeway, in the flow of traffic and EXCEEDING 65 mph, you are fair game for a 22349 VC ticket.
Let me make it clear, there are plenty of other powerful laws I use for the defense, but we often lose the powerful speed trap laws when the speed is over 65 mph.
The “bottom line” is, if you are charged with a22350 VC case involving radar or laser, make sure the cops are not relying on a posted speed limit that’s a speed trap!! Speed trap cases can and will won.