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I was cited for speeding. VC code 22348b, 40508A and 1214.1

 

Customer Question

I was cited for speeding. VC code 22348b, 40508A and 1214.1 PC. I believe this will create two points in my driving record. I live in Nevada and I was driving through california. The ticket indicates that I was driving 110 mph. i dont' think I was driving that fast althought I know I was speeding. I have trial in a couple of days. What can I do to have the charge reduced. I believe I will be ineligible for traffic school bc of the 22348 charge?

 



Already Tried:
During the arraignment I asked the judge to reduce the charge and he refused. So my only option was to request a trial date.

Submitted: 276 days and 20 hours ago.
Category: Traffic Law
Value: $32
Status: CLOSED
Expert:  SmithEsq replied 276 days and 20 hours ago.


SmithEsq :

Hi I am the professional who would like to help you with your question today. I see it expires in 34 minutes however. First, in order for a charge to be reduced either a)you or your attorney would have to make a motion to dismiss the current charge that is granted, leaving behind only a lessor charge or b)the judge finds the prima facie evidence to be inadequate on its face to charge you with the charge but finds it successfully makes out a lessor charge, c)the prosecution decides to reduce in order to induce a plea.

SmithEsq :

The first charge is an infraction. Therefore it is not a criime and cannot be reduced in the traditional sense. The consequenses of it depend of whether or not it is your first, second or third offense for the same thing.

Customer :
SmithEsq :

The second charge is more troubling. It is a misdemeanor, from what I found it is basically misdemeanor bail jumping.

Customer :

hello

SmithEsq :

Hello

SmithEsq :

Just giving you info while you are not here.

SmithEsq :

Just going through the charges. Feel free to read backwards.

SmithEsq :

I'm an attorney and I'm at work on your question today.

Customer :

well the first charge is the important one. I think the officer will show up to court on thursday. So im not sure if I will have hte ticket dismissed.

Customer :

However, if the officer shows up...can hte officer indicate to judge to reduce the charge?? I think the violation will cost me 2 pts on my dirving record.

SmithEsq :

why do you think the traffic charge is most important?

SmithEsq :

The traffic charge is only an infraction. So when you say reduce, you mean only as pertainsn to the penalty?

Customer :

yes. Its the most important bc the penalty is 2 pts on my driving record with no traffic school and the fine. the failure to appear I think will be rediced or dropped.

SmithEsq :

The DA/Judge or Magistrate can give you the minimum I would assume, which would be the penalty that a first offender gets. Fine not greater than $500 and possible not mandatory license suspension for 30 days

SmithEsq :

Do you have a lawyer on these?

SmithEsq :

tell me, for that charge, how many times have you had it?

Customer :

first time. I asked the judge to reduce it last month and he said no. the clerk said that for driving 110mph that it would be 2 pts on driving record and no traffic school. that is why im worried.

SmithEsq :

How many points do you have total on your license?

SmithEsq :

How many month did you get them?

SmithEsq :

and last thing I need to know is how old you are and if you drive a commercial vehicle

Customer :

o

Customer :
Customer :

no commercial

SmithEsq :

are you under 18?

Customer :
Customer :

no

SmithEsq :

Are you worried about Nevada making you do this or California?

SmithEsq :

Because in California, two points isn't enough

SmithEsq :

I'm asking becuase from what I can see, there is no instantaneous problem with having two points in california

SmithEsq :

If you still want the information, I have it. I am happy to work with you. I do often have to get inforrrmation to give it, so I apologize for that.

SmithEsq : Please indicate if you still want the information about California vehicle codes and their point system. If not, I'll opt out.
SmithEsq : In addition we can discuss the pros and cons of going to trial as opposed to taking a straight plea.
Customer :
Customer :

yes please provide this information. I will be having my trial tomorrow so I want to knwo waht I can do. I am hoping the officer does not show up but it looks like he will. I would then want to just to a straight plea and get out of there.

SmithEsq : Okay, I wasn't sure because you exited chat without saying anything and I know you understand about accepting answers. Anyway, the information I found was that in California that 22348 charge is a 2 point charge BUT you are a first offender so you would not be facing the negligent offender status in California because you are over 18 and this s not a ommercial vehicle. In orDer to get a one point reduction, you can, as you already have tried, petition the court fr such a reduction, as you would have your lawyer do, but in my understanding, it s extremely difficult to get a judge to agree to this in this charge except in extraordinary circumstances.
SmithEsq : Furthermore, you are facing, as a first offender, a fine f $500 and a 30 day license suspension. If you think your Veblen was not going that fast, you can fight the technology, the officer's testimony, etc by requesting a trial by declaration.
SmithEsq : Typo*if you think your car was not going that fast
SmithEsq : Just because an officer testifies does not necessarily mean you should take a plea. You should talk to a water when you get there, or, if you cannot afford one, ask the judge to appoint one to you, because you are facing multiple charges and possible consequences beyond your license suspension. Finally, you are correct that the charge as it stands makes you I eligible for the point reducing traffic school. Thus, due to all of the complexities in your case, you should consult an attorney there ASAP. I hope I have answered your question. If so, please Rate me positively. Ask follow up questions if needed. If you ave more questions, please wait to rate me and contine the onversation. Thank you!
SmithEsq : *talk to a lawyer when you get there. Sorry for the iPad typos. I truly apologize.

 
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