I was pulled over on a back road speed trap by a cop who told me that he had been pulling people over all day. The radar speed was 58 mph, but the cop wrote under the code and section
"VC 22348 (B) SPEED"
which is the vehicle code section for speeding over 100 mph, which I obviously was not. I did not receive any notification in the mail and so I called the court, where I was told that I must appear in court before a certain date. I am not certain but I am pretty sure the mandatory appearance is due to the officer quoting the wrong section of the law.
I want to fight the ticket, but I would like to get an idea of what to expect when I go to court and how I should go about getting the ticket corrected (I don't want to be charged with reckless endangerment due to a mistake).
Dear Fremont--you have many concerns. Best way to proceed is to retain local counsel.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
I highly encourage you to retain a traffic attorney in this matter; it is simply too complicated to handle on your own. Good luck!
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Good question. I would hire an experienced traffic ticket attorney who regularly appears in the court at issue. Your attorney may want to proceed on the basis that such a speed is physically impossible on the road at issue or that the road at issue, since this was a speed trap, did not have a current traffic survey. He will want to look at Vehicle Code section 40802 as to the requirements of a valid speed survey being conducted within five years of your citation for speeding. Good luck to you.
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