Over 100 in 70 zone in San Bernardino

[CdwJava]

If he has had specific convictions within the past 5 years, a one year suspension is possible by the court. Otherwise, it's likely the judge or commissioner is bluffing on a one year suspension.

 

[justalayman]

If he has had specific convictions within the past 5 years, a one year suspension is possible by the court. Otherwise, it's likely the judge or commissioner is bluffing on a one year suspension.

I still don’t see that as judges discretion. Cal code calls for the DMV to suspend the license for 6 months if this is a second conviction within 3 years and (again, the dmv) 1 year suspension for a second conviction within 5 years.

And I don’t see it as discretionary for the DMV either. Too many shalls runnng around those code sections.

So either the judge knows of a conviction more than 3 and less than 5 years ago of the same violation and he is speaking for the dmv or he’s full of bull.

 

[CdwJava]

It's a long shot, but possible under the right circumstances and priors. VC 13200-13210 for the court (which has some discretionary time frames), and VC 13350-13392 for the DMV.

As I said, if no prior offense exists that might qualify, then the judge or commissioner is likely bluffing (or, mistaken).

 

[justalayman]

I gave up trying to read through all of those, especially since I don’t have any particular isssue to apply that may allow for a longer suspension. Op is going to have to do a litttle self review and figure out if he has done anything in the past that may affect his suspension.

 

[cbg]

CBG: WHERE in my post does it say I don't believe speed laws apply? I was merely describing the entire situation and asking a question as to whether a judge can go outside the statute and impose greater penalties than specified under the law.

It was nearly midnight and no cars on the road.

Implication - Because of the hour and the fact that no cars were on the road, I had the discretion to go as fast as I felt it necessary and shouldn't have been stopped.

 

[FeelDumb]

Given the reason was ibs, unless op crapped himself as he sat there with the cop, it is obvious it was simply a ruse to avoid the ticket.

Actually, I DID...and probably why he left so quick given the stink... But that's neither here nor there at this point. Ruined pants are ruined.

 

[FeelDumb]

Thanks everyone for the responses which were thoughtful. As for the past: I was stopped once for a Hollywood stop at a stop sign on my way to the gym when I was 18. I was given a warning... No ticket that time. I just had my 45th birthday. So unless he's threatening me with knowledge of the time I just got a warning, there's nothing in the past.

Anyway, thanks for the input (judgmental posts, aside). I'll do more research.

 

[justalayman]

Well, given the cops statement and your speed you wouldn’t have made it anyway.


Especially given this statement ;

... I probably would have seen the cop if I hadn't been doubled over the steering wheel looking for a toilet.

Unless you had a portable toilet that you were looking for on the floor, well, actually even if you did and was looking for it on the floor, that was simply unsafe. Especially at speeds like that not looking and even worse, not being able to pay attention to where you’re going is just stupid.


Now here’s a word to the wise, as well as you.

Now that you acknowledge having a disabling medical issue, should you experience an attack while driving and it result in damages to another party, you will be held liable for all damages caused but even worse, that gross negligence can mean the possibility of criminal penalties in some situations that would have otherwise been civil matters.

You are now expected to act with the knowledge your medical issue can cause hazardous situations while driving and are expected to take special precautions to avoid causing injury to another party.

 

[Just Blue]

Well, given the cops statement and your speed you wouldn’t have made it anyway.


Especially given this statement ;



Unless you had a portable toilet that you were looking for on the floor, well, actually even if you did and was looking for it on the floor, that was simply unsafe. Especially at speeds like that not looking and even worse, not being able to pay attention to where you’re going is just stupid.


Now here’s a word to the wise, as well as you.

Now that you acknowledge having a disabling medical issue, should you experience an attack while driving and it result in damages to another party, you will be held liable for all damages caused but even worse, that gross negligence can mean the possibility of criminal penalties in some situations that would have otherwise been civil matters.

You are now expected to act with the knowledge your medical issue can cause hazardous situations while driving and are expected to take special precautions to avoid causing injury to another party.

OP may want to invest in some Depends for long car trips.

 

[Taxing Matters]

What is the name of your state? California

On the way to Arizona, while battling an episode of IBS and in frantic need of a toilet, I was pulled over by CHP who claimed I was going 106. It was nearly midnight and no cars on the road. Told him the IBS/diarrhea problem and that I was looking for a rest stop. He said, "there's no rest stop within 100 miles of here" wrote me a ticket for 106 citing "radar" and "mvars" and left.

I am very familiar with IBD, which refers to inflammatory bowel diseases (Crohn's disease and ulcerative colitis). IBS does not have any inflammation associated with it (for which you should be thankful, IBD tends to have more serious complications) but both share the common symptom of an urgent need to use a toilet at times. At least with IBD that urgent need is unpredictable; you have to always know where the nearest restroom is and plan as much as possible to always be near one. I suspect IBS may be similar in that regard. But that urgent need will not excuse speeding. It is not anything like a life threatening emergency that requires getting to a hospital quick, for example.

So when traveling you need to think about how best to deal with this kind of situation when it arises. When driving out between cities when there may be no bathroom around for many miles, I suggest having in your car some kind of portable john, chamber pot, etc (whatever might work for the particular trip) that would allow you to go just about anywhere the need arises. Even adult “diapers” can help out. (If that's good enough for astronauts to use for space walks, etc., it should be good enough for a car trip, too. )

As for your ticket, likely 30 days is the suspension you'd get given what you said here. I don't see a one year suspension in the cards for a first offense traffic violation. Go to court and see what the judge says when he renders the judgment in the case.

 

[FlyingRon]

As, TM alludes, your "excuse" far from exculpates you it indicates that perhaps you are not taking due care when operating a vehicle with a medical deficiency.