23109c advice

[rt rider]

1. section you were cited for - 23109c
2. city where you were cited - Rancho Cordova by Sac County Sheriff
3. your vehicle info (not required, but helps alot) 1973 VW Thing
4. what the OFFICER TOLD YOU - Indicated that the tires screeched going around the corner.
5. what you TOLD THE OFFICER
6. a brief description of the location (ie...lights, what type of intersection, what type of street, etc.....) Making a right at a 4 way intersection, light was green at the time. I believe the speed limit is 45 on both streets.

Ticket at the top says Traffic, in the body "M" for misdemeanor is circled. Speed approx 50 safe 15.

Two ford explores pull me over. They just happened to be in the area together. The highest ranking office talks to me and then leaves the other two officers to write me the ticket. The first officer tells his partner, go ahead and write it up and he will explain the ticket to me. He comes over and mentioned something about a misdemeanor and if it was CHP that pulled me over my car would have been towed. Then he says don't worry you can do traffic school and not get any points. The second officer then writes the ticket and has me sign.

Looking on line it appears 23109c is a wobbler and can be a misdemeanor or an infraction. Based on what the 1st officer told me I am guessing he is assuming it will be an infraction. Ultimately I would think this is up to the DA and my only option is to wait and see how they wish to proceed. As you can imagine I am nervous to find out. Do I just wait the 30 days and check the citation online or will I get something in the mail if I am charged with a misdemeanor?

If they do count it as an infraction, will I be able to take traffic school so the points do not show up on my driving record? I have not done traffic school in the last 18 months.

If charged with a misdemeanor I will have an attorney represent me. Any recommendations in the Sac County area?

 

[bojangle]

Normally, misdemeanor charges are filed as such by law enforcement.

1) Is there a case number written in the upper right "case number" box on the citation? Don't post the number. Just looking for a yes or no answer, since a misdemeanor charge like this should normally require a report as case number.

2) Were there other people around? Such as friends/associates standing around, or hanging out in the area that you were showing off for? Were there any random people/traffic in the area?

3) Were you burning rubber around the corner? Like, intentionally smoking the tires? Is this something the sheriff deputies might have captured on camera? Or were you just going a little too fast causing friction on the tires to make them chirp a little? Some tires take corners a lot better than other tires. I've certainly had low performance tires do that, while higher performance wider tires will handle just fine.

If you're charged with a misdemeanor, yes, get an attorney.

 

[Tim-That CX Guy]

I hope that was a typo (speed 50, safe 15).

Trail by Declaration, send judge a picture of your "car," he may feel sorry for you and throw it out.

In all seriousness, 23109(c) usually has the connotation that it was an intentional act.
Your job is to discredit the officer's observation that you did it on purpose.

This isn't easy to do in court, you might have better luck T.B.D.
I got a pandemoniac vehicle ticket decades ago for the power wheel chirping after it hit a puddle, and I was entering the street from a driveway. On a dry day, the tire wouldn't have even squeaked. I got an intermittent chirp every time the tire hit the wet spot.
Went to court.
Officer made it sound like I had stomped on the gas and practically had my car going sideways (you know, a young punk in a Chevy Impala).

Brought in the actual bald tire as evidence, brought in pictures of the water in the gutter, and pictures of the location that showed no rubber remnants on the road surface, and was still found guilty.

Good luck.

 

[rt rider]

Normally, misdemeanor charges are filed as such by law enforcement.

1) Is there a case number written in the upper right "case number" box on the citation? Don't post the number. Just looking for a yes or no answer, since a misdemeanor charge like this should normally require a report as case number.

There is a "Report Number" in the upper right hand corner. I am assuming report number and case number are the same thing in this instance.

2) Were there other people around? Such as friends/associates standing around, or hanging out in the area that you were showing off for? Were there any random people/traffic in the area?

I was traveling alone in the car. There was not anyone standing around the area. It was 2:30 in the afternoon and I was on my way home from work. All the other cars around me were random people also just traveling down the road.

3) Were you burning rubber around the corner? Like, intentionally smoking the tires? Is this something the sheriff deputies might have captured on camera? Or were you just going a little too fast causing friction on the tires to make them chirp a little? Some tires take corners a lot better than other tires. I've certainly had low performance tires do that, while higher performance wider tires will handle just fine.

There was smoke coming off the tire. However that was not my intent so it only lasted a second or two. The officer did ask why I was driving that way and I indicated the car in front of me had cut me off. They didn't pull the other car over or seem concerned with him so I don't think that was a consideration in writing the 23109c but I could be wrong. It is possible the higher ranking officer had body cameras going as he was talking to me. I am not sure if he relayed my statement to the other officers. He was there very briefly. As far as video of the actual offense, they didn't mention a video but I don't know exactly where they were located when I went around the corner. Is there away to get the details of the report without going through the sometimes lengthy discovery process?

If you're charged with a misdemeanor, yes, get an attorney.

It is my understanding that the officer has to write it as a misdemeanor here is Sacramento and the DA will decide if they want to proceed as such. The officer certainly made it seem like it would get dropped to an infraction. He mentioned that I could take traffic school and there would be no points. I am thinking he may have miss informed as they indicated they were not traffic officers. I am really hoping he might know something I don't know yet and it will get dropped to an infraction.

I think the report will be a big determination on how things go. I spoke to an attorney today and they are willing to take it on for a flat fee. I am just going to wait until the citation is in the system and see what the best course of action is.

Thanks for the reply!

 

[bojangle]

It is my understanding that the officer has to write it as a misdemeanor here is Sacramento and the DA will decide if they want to proceed as such. The officer certainly made it seem like it would get dropped to an infraction. He mentioned that I could take traffic school and there would be no points. I am thinking he may have miss informed as they indicated they were not traffic officers. I am really hoping he might know something I don't know yet and it will get dropped to an infraction.

I think the report will be a big determination on how things go. I spoke to an attorney today and they are willing to take it on for a flat fee. I am just going to wait until the citation is in the system and see what the best course of action is.

Thanks for the reply!

Yeah, report number/case number are the same thing.

You, or your attorney, can get any evidence they have against you through discovery. I'm really not sure about 23109 (c) CVC being charged/convicted as an infraction, or if that would be eligible for traffic school.

You might want to see if the D.A. will plea bargain this down to a basic speed law infraction 22350 CVC, and also request traffic school, if that's something you want to avoid a point. You, or your attorney, might just be able to work something like this out, possibly easier and with a better outcome than fighting the charge in court.

 

[TheRiddler]

Many, many misdemeanor traffic violations in California are reduced to infractions only, unless the officer thinks you earned a misdemeanor and wants to write a report on top of the ticket. The reason is case load; misdemeanors have to go to criminal court, which takes a while and requires a prosecutor, while infractions go to traffic court and only need the judge (and officer). This varies by county, but I bet Sacramento charges it as an infraction.

Personally, I would wait for the notice from the court to see if it's a misdemeanor or infraction. That notice will also tell you if you're eligible for traffic school, and what your options are.

 

[RRR70]

We’re there a painted white lines on the road, such as pedestrian crossing or stop lines? Tires on my Jeep almost always do that during the turns.

 

[rt rider]

Yes there were painted lines for the crosswalk. I crossed two sets making the right turn.

I have read instances of trucks with lockers in the differentials getting this citation when their tires screeched. Due to the nature of a locking differential your tires are probably going to make some noise unles you slow to a crawl while make big a turn.

Still no notice or updates on the website.

 

[Adler / Gawernator]

What nonsense

 

[Outta Control]

Am I reading this right? Burning out tire from a stock VW Thing? Is that even possible?

 

[rt rider]

Am I reading this right? Burning out tire from a stock VW Thing? Is that even possible?

I hope your available to be a jurior if I have to take this thing to court

Still no update on the county website. I called the traffic court and the person I spoke to said it will likely require a petition to the DA to reduce to an infraction and would take a couple of months.

 

[Outta Control]

I hope your available to be a jurior if I have to take this thing to court

Still no update on the county website. I called the traffic court and the person I spoke to said it will likely require a petition to the DA to reduce to an infraction and would take a couple of months.

Sorry wrong county.

 

[Adler / Gawernator]

I hope your available to be a jurior if I have to take this thing to court

Still no update on the county website. I called the traffic court and the person I spoke to said it will likely require a petition to the DA to reduce to an infraction and would take a couple of months.

I’d be surprised if the DA charges it, considering their case load. But who knows. They didn’t charge the guy who attacked me in Public in front of a sheriff deputy. But I guess they want more money from your ticket probably

 

[rt rider]

I received notification that I had a mandatory appearance so I went to my arrainment today. The judge offered to reduce the misdemeanor to an infraction as well as a small reduction in the fine amount if I plead guilty. If I requested to go to trial they would more than likely be seeking maximun fines and penalties.

I asked for the charges to be changed to a different CVC and he said no. I asked if I could take traffic school and he said no. Ulitmately I plead no contest to the 23109c infraction.

I feel like agreeing to the infraction was probably the best option. Going to trial could have offered a better outcome but the attorney fees would have been pretty high and who knows what the outcome would have been.

I have to say, this being my first (and hopefully last) misdemeanor charge, it was pretty stressful. Having only received infractions in the past and always eligible for traffic school I guess I didn't appreciate the potential serious impacts and costs. Looks like it is going to be little old man style driving from here on out.

 

[CAmudgeon]

Sounds like you took the best option - would have done the same.