Criminal Defense Blog
Recently, a Wallin & Klarich criminal defense lawyer saved his client from receiving a driver’s license suspension after convincing the traffic court judge that his client was not driving in excess of 100 MPH as prohibited by VC 22348(b). Skilled criminal defense lawyer, Christopher Lee, persuaded the judge to find his client not guilty of violating CVC 22348(b) after citing the radar unit’s potential rate of error. If convicted, the client would have faced a 30-day driver’s license suspension, one point on his DMV driving record, and up to $500 in fines.
"A good attorney always reviews all available technical evidence to determine the accuracy of machinery used by law enforcement." - Christopher Lee
“All machines are susceptible to some error,” explained Mr. Lee. “A good attorney always reviews all available technical evidence to determine the accuracy of machinery used by law enforcement. By doing so, you can poke holes in the prosecution’s case and achieve good results for your clients.”
According to court documents, the client was heading west on the 91 Freeway where a CHP officer was located with his radar unit. The CHP officer was citing drivers who were speeding off of the 91 Freeway onto the 55 South interchange. The CHP officer cited the client for allegedly driving 101 MPH.
At trial, Mr. Lee cross-examined the CHP officer in regards to the radar unit’s potential rate of error. After extensive questioning, Mr. Lee was able to get the CHP officer to admit that the radar unit has an error rate of 1-2 MPH. In light of this finding, Mr. Lee argued that his client may not have violated CVC 22348(b) since he could have been driving 99 or 100 MPH. As a result, the judge found the client not guilty of driving in excess of 100 MPH.
Due to Mr. Lee’s comprehensive review of all the evidence, the client emerged from the situation without losing his driver’s license for 30 days, damaging his DMV driving record or paying any fines.
Driving in excess of 100 MPH as prohibited by VC 22348(b) is charged as an infraction under California state law. If you are accused of driving in excess of 100 MPH, you need to contact the Law Offices of Wallin & Klarich today. Our experienced criminal defense lawyers have successfully handled traffic cases for over 40 years and have the skill needed to help you win your case. Often times, we can help you negotiate your CVC 22348(b) charge to a minor charge of speeding or get your case dismissed.
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