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CalAttorney2
CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I was cited 22356B, going 96 in a 70mph. The officer decided

Customer Question

I was cited 22356B, going 96 in a 70mph. The officer decided to give me a break and cite me for going 80mph. However, under the charges section he wrote 96 as note. 80mph was written in the speed approx box. Am I eligible for traffic school, if I have not attended in the last 18 months?
Submitted: 1 month ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 1 month ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 month ago.

The officer did you a favor in reducing your citation to a 10 mph over the limit - so you will qualify for traffic school (the cutoff for clerk ordered traffic school is 25 mph greater than the speed limit, at which point you need to petition the judge).

You can find information on how to deal with your traffic citation on the Court's self help site - it is incredibly helpful - here: http://www.courts.ca.gov/selfhelp-traffic.htm

Customer: replied 1 month ago.
the clerk cannot apply the 96 note as the mph, since 80mph is marked off. even thought it is written there as a note?
Expert:  CalAttorney2 replied 1 month ago.

The officer included the information in the notes because that was the actual speed that he "clocked" you at - he needs to include this information in the event that there is a dispute over the case (so if you were to take the case to trial and argue over whether or not you were speeding, etc. - he needs to testify as to what the actual speed was that he captured your vehicle traveling at with his radar gun).

Customer: replied 1 month ago.
the officer has the desecration to state the what speed you were going at and not the clerk of the court? So If I have plead guilty, I will only have one point for 22356 B. And with no problem I can go to traffic school?
Expert:  CalAttorney2 replied 1 month ago.

Correct.

  • But just to be clear and complete, the citation that you receive from the officer is not the "final" determination (the citation can be amended - although for a simple speeding ticket this is not common), you do need to wait for the notice from the court. The Court's notice is the final one. Again, I do not think this will change in your case.

The link I provided above gives you information on what to expect for the complete process, as well as how to go about contacting the court if you do not receive a notice from the court shortly.

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