Ticket - Should I dig myself deeper? (LAC)

[Bernard Littau]

I've seen some other comments on this thread, and I will reinforce that
using an attorney is likely to be your best move.

I've been out of CA for 12 years now, so perhaps things have changed, but:

I don't see how a ticket for exhibition of speed will not affect your
insurance.  As far as I know it's a moving violation, and all moving
violations are used by the insurance.  I think the officer was trying to
sell you on the ticket not being for speeding.  You should verify this
issue.

If you have the ticket and it clearly shows 23109(a), and they changed it to
23109(c), then I think you have a good chance of getting the ticket
dismissed.  However, if you try and do this by yourself, I think the judge
will simply allow the change.  You likely don't know the correct legal
maneuver to make what you would like to happen actually happen before a
judge.

You could try pleading not guilty to 23109(a), and claim that you were not
charged with 23109(c) and have no cause to plea on that.  The trouble is the
judge might well get you to admit to 23109(c) during that discussion.
Judges tend to be very clever people, and they have pretty much seen it all.
You would be much better off to avoid a discussion with a judge.

Good luck,

Bernard Littau
Woodinville, WA
'88 5ktq

> So... the last day I had my car before I went to college, I was pulling
> out of a stoplight and (apparently) I peeled out a little and
> accelerated rather rapidly. Now, I'm not denying anything, including my
> own stupidity, but I'm wondering a few things about the ticket I got...
> a) it was for exhibition of speed. Does anybody know the official CA
> definition for this?
> b) I was doing 50 when he pulled me over (according to the ticket)... E
> of S is a $540 min + poss jail + 2 points on license... Should I go
> fight it? Oh, and I have a point on my license, but I can get 4 in 1
> year.
> c) the cop said it wouldn't show up on my insurance, said he was doing
> me a favor by not getting me for speeding instead... But looking at
> other tickets, I think I may have wanted speeding...
>
> The gory details:
> came out of a light too fast, shift-shift-shift (i don't got no speedo,
> so I can't confirm the 50, but I think I was going faster) in a 25
> zone, no beep from the fuzzbuster, but he says he paced me (no, I
> didn't look in the mirror, yes, I am stupid), he wrote the ticket for
> 23109(a) which is a race against another vehicle or a timer... Wrote in
> the wrong addy, too... I just got a thing yesterday saying my court
> date had been moved to the 19th of November and the violation had been
> changed to 23109(c) which states "no person shall engage in exhibition
> of speed on a highway." If anybody on the list lives in the Santa Cruz
> area, it was on upper Bay Street, where it's a 25 mph divided 4 lane.
>
> I'd appreciate any advice, BTDT, etc. on or off list depending on if
> you think others would benefit
>
> TIA, everybody
> -Ben Kaupp
> '87 4kcsq - feelin' neglected, but getting new rear Bilsteins and
> bushings soon
>
>