Some of you may recall my post about the 118 mph speeding ticket I got in March. Got a letter from my lawyer. Case finally went to trial last week (I wasn't present, upon lawyer's advice) and judge pro-tem found me guilty. Gave me the minimum fine ($270) and no license suspension, but it is still a 2 point offense. Lawyer says the judge did not follow the law, allowed in the radar testimony despite lack of foundation that it was properly calibrated, etc, and that I can win on appeal, but it would cost my another $1500. I am tempted to fight it just on principle, but it has cost me $800 so far, and I should probably just pay the fine and keep my foot out of it til next March. Dang, do you know how hard it is to keep your foot out of an L?




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I'd rather have a bottle in front of me than a frontal lobotomy.

'84 Alan Record Carbonio, Aerospoke wheels, Campy brakes.
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gmvye@pacbell.net

 

You might wanna ask your insurance company what they will be charging you with a 118MPH ticket on your record and for how long. The lawyer may be cheaper.

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Red '00 Lightning,
Adopted 4/19/00,
Power Surge Performance enhanced,
Sound effects provided by Flowmaster,
13.701@100.81

 

"Damn the martinis and full speed ahead!" Pay the attorney.

 

I would take the fine and behave...but that is just me. I can say it but the question is can I do it. We will see. Took me 2 1/2 years to clear all points from my license. Would rather not have to do it again.

CA

 

Alphadoggy consider yourself fortunate to have those choices $800 or even $1500 aint nothin compared losing your license, insurance + jail time.

Mike

 

Check this out,.... if you were cited or arrested for reckless driving ... this could be your fine ...(California)

(This could qualify for the longest post)

23103. (a) Any person who drives any vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) Any person who drives any vehicle in any offstreet parking
facility, as defined in subdivision (d) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in the county jail for not less than five
days nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both fine and imprisonment, except as provided in
Section 23104.

If it was just speeding over 100 MPH, look at this...


22348. (a) Notwithstanding subdivision (b) of Section 22351, no
person shall 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) Any 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.
(2) Upon a conviction under this subdivision of an offense which
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed five hundred dollars ($500). The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense which
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed five hundred dollars ($500). The person's privilege to operate
a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.
(c) Any vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if no lane has been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the drivers
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, any such vehicle may also
be driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route.

If it was speeding......and a speed contest..


23109.2. (a) Whenever a peace officer determines that a person was
engaged in a motor vehicle speed contest, as described in subdivision
(a) of Section 23109, the peace officer may immediately arrest and
take into custody that person and may cause the removal and seizure
of the motor vehicle used in that contest in accordance with Chapter
10 (commencing with Section 22650). A motor vehicle so seized may be
impounded for not more than 30 days.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of
the storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
(C) If the legal owner or registered owner of the vehicle is a
rental car agency.
(D) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (D) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of subdivision
(a) of Section 23109 nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien
sale processing fees shall be charged to a legal owner who redeems
the vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(e) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person convicted of
engaging in a motor vehicle speed contest was not authorized by the
registered owner of the motor vehicle to operate the motor vehicle at
the time of the commission of the offense, the court shall order the
convicted person to reimburse the registered owner for any towing
and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5 incurred by
the registered owner to obtain possession of the vehicle, unless the
court finds that the person convicted does not have the ability to
pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 that were incurred by the
rental car agency in connection with obtaining possession of the
vehicle.
(4) The owner shall not be liable for any towing and storage
charges related to the impoundment if acquittal or dismissal occurs.

(5) The vehicle shall not be sold prior to the defendant's
conviction.
(6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c) of Section 23109.2.
Notwithstanding this provision, nothing shall prohibit impounding
agencies from making prior payment arrangements to satisfy this
requirement.
(f) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (h) of Section 23109.

 

Subsequent to my first post I received a friendly little letter from the DMV today advising me that I have 3 points now, and if I get another one prior to next March 16 I will be classified as a negligent operator and my license will be suspended. Damn, it sure is hard to keep my foot out of it, but I guess I have to for a while. I could appeal, but I would still be found guilty of speeding and collect one point. Razzafrex

 

alphadoggy, if your lawyer feels confident he can get the violation thrown out becasue of a lack of foundation on the clibration issue take him up on his offer and agree to pay his fee IF he wins. A two point violation is probably reckless driving. They stick to your record for 5-7 years and people think it was a plea bargin down from drunk driving. Even if he can only get the violation down to a one point ticket this is good and will help out on your insurance premium. This is the voice of experience.

 

$270 is not to bad. I knew a guy who was caught on the freeway doing 100+. His car was impounded, plus a $1000 fine. The impound cost another $500.00. Then the fool, on the same day of getting his car out, was caught once again doing over 100 again. I don't think he ever got it out the second time.


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Jim
jim@jimshaw.cc

Black 00, Swanson Chip (Superchip re-burn is on the way)
super whites, Airaid w/10" Big Mouth filter, chrome wheels
AIM 2" drop shackles, Mobile1 w/FilterMag, clear corners
2000 E320, 1993 Cobra R, 1959 Corvette, 1949 Plymouth Coupe

Looking for a better paying job to support my L

 

Negotiate this one with lawyer, $1500 if he wins the case, i.e. no points; or less, say $750 if he doesn't. Either way figure that you'll be out of pocket most or all of the $1500; lawyer gets it or ins. co. gets it by raising rates across some minimum number of years. Better to give it to the lawyer if/when he wins the case... the points can cause even more trouble if you get into another situation.

-tvw

 

I am totally familiar with the VC sections PD cites. It is doubtful that the case would get thrown out on appeal, only reduced to a lesser infraction, which was my only objective in the first place. And because a violation is worth two points doesn't turn it into reckless driving. It isn't worth $1500 bucks to me to get one point off my record. I will just have to take my lumps and cool it for a while.

 

Alphadoggy,

Sorry I missed your earlier posts but could you tell me how you got tagged? Was it radar, laser, or did he pace you? Just curious. Thanks

Skyhawk

 

You will be *far* better off even just getting it reduced, in terms of your insurance costs. No matter what, you do NOT ever want to have a 118 mph speeding ticket on your record, as it stays there for much longer than they say, more like 7-10 years, even though the insurances companies are supposed to look only at the last 40 months of your driving record. Next time you get a ticket, even if it's 5 years after this one, the next judge will still see that on your record, and you do not want that.

Good luck whatever you decide,

------------------
Mike Troyer
Performance Products, Inc.
National Distributor of Superchips
(540) 862-9515
Email: mtroyer@compuserve.com
Performance Products F150Online Superchip ordering system: F150Online Superchip Ordering System
First National F-150 Online Rally Info:https://www.f150online.com/rally2000/index.html

 

Skyhawk, a Chippie in a plain white wrapper claims he painted me with his K-band doing 118. He was behind me on the 101 in Camarillo, and shortly after I briefly put my foot in it to pass a Durango and move to the left lane, where I immediately slowed to 85, he comes storming up behind me and lights me up. I think foundation is really an issue in this case, as I still don't believe I was going anywhere near 118, more like 105. Unless you have really deep pockets its hard to fight City Hall, though, although I admit I am tempted.

 

Alphadoggy, I have 3 points on my record now. Same as you have now. My insurance rate doubled, cost an extra $600.00 per year for the next three years. If I do the math thats $1,800.00 extra dollars. In addition, as you pointed out one additional point and you are presumed to be a negligent operator and they take your divers license. Do you feel lucky?? BTW anytime you travel over 100 mph you are presumed to be operating your vehicle in a reckless manner and are subject to being cited for reckless driving. If the officer decided not to cite you for reckless you were fortunate. Good Luck.