Need a California Lawyers help! Beat a Ticket!
I got an easy win here. I think. D.A. Decided to up my exhibition of speed to a Speed Contest. Now tell me if I am wrong. There was no other car, no watch or timing device. So it is not a speed contest right? Getting it from this...
23109. (a) No person shall engage in any motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an
event in which the time to cover a prescribed route of more than 20
miles is measured, but where the vehicle does not exceed the speed
limits, is not a speed contest.
I have witnesses and plus the police officer can vouch for me. Also, I have been cited by the D.A. 23109 (A). Well in truth, since the code involves capital and lower case letters used in code, the code 23109 (A) is non-existent. Can I use that also? I know I can win the speed contest, unless the word INCLUDES is involving something else not described. But I also know that I do not know the procedures of court so the D.A. will rip me a new one. Some advice and maybe a phone call would help.
Thanks,
23109. (a) No person shall engage in any motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an
event in which the time to cover a prescribed route of more than 20
miles is measured, but where the vehicle does not exceed the speed
limits, is not a speed contest.
I have witnesses and plus the police officer can vouch for me. Also, I have been cited by the D.A. 23109 (A). Well in truth, since the code involves capital and lower case letters used in code, the code 23109 (A) is non-existent. Can I use that also? I know I can win the speed contest, unless the word INCLUDES is involving something else not described. But I also know that I do not know the procedures of court so the D.A. will rip me a new one. Some advice and maybe a phone call would help.
Thanks,
The fact that the "A" is in caps or not in caps is immaterial to the CVC. I'm damned near sure that the judge will dismiss your objection.
If you have witnesses and your citing police officer's already on your side... what have you to worry about then?
But then again... why IS the cop vouching for you??? Didn't he write you the citation in the first place???
If you have witnesses and your citing police officer's already on your side... what have you to worry about then?
But then again... why IS the cop vouching for you??? Didn't he write you the citation in the first place???
The cop is not on my side. But if he tells the truth, it will be on my side. He wrote me up for exhibition of speed. He didn't see me do it, he just heard it. The only way he knew it was me was because when he looked I was the only car moving. So that should throw out speed contest. The whole point is I need some help in presenting this case. Lawyers are a bit expensive, but I may have to get one, unless a lawyer could help me out in the procedure. I don't want to lose on technicalities.
Peace
Peace
is the cop or the D.A. contempting you for that venal code?? if they are plead NOT GUILTY!! you are innocent until proven guilty...tell them you will not tolerate it. just because the cop only saw your car around doesnt mean its you. if the cop did not use any devices or see you do it in the act....there's 99% chances you'll win the case. Good luck
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Try posting that question there http://www.streetracingonline.com/boards/ under the Vehicle Laws and Codes. It has a some local cops that post sometimes maybe they could help
Thanks for the link.. I'll do it right now.
And the fine for speed contest is:
Any person convicted of a violation of subdivision (a) shall be punished by imprisonment in the county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000) or both that fine and imprisonment. The person's privilege
to operate a motor vehicle shall be subject to suspension as provided
in subdivision (a) of Section 13352. The person's privilege to
operate a motor vehicle may be restricted for 90 days to six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment. This subdivision does not interfere with the
court's power to grant probation in a suitable case.
Peace
And the fine for speed contest is:
Any person convicted of a violation of subdivision (a) shall be punished by imprisonment in the county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000) or both that fine and imprisonment. The person's privilege
to operate a motor vehicle shall be subject to suspension as provided
in subdivision (a) of Section 13352. The person's privilege to
operate a motor vehicle may be restricted for 90 days to six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment. This subdivision does not interfere with the
court's power to grant probation in a suitable case.
Peace
Hmm.. that's hefty.. In Canada we get sentenced to shoveling snow from an old French/Canadian Eskimo lady's front path (known as a driveway in the U.S)
hmmmmmmmm......still frustrated?? i think what you should do is pray. ask for courage. that's the best advice i can give you there bro. dont be ashame praying.
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