Speeding Ticket! Need some advice

[Alittleboost]

Going down the 5 fwy from San Diego to irvine (5 North).

Here's the situation: driving in the slow lane to pass other drivers to cut out into the fast lane. I was doing about 90 when I came around the bend, Then I see this Rav 4 hit his brakes hard..so I do the same guessing there's a CHP on the side of the road. As soon as I complete the turn I see him, he goes after me right away....But I don't know if he Radar me while parked or moving. Told me he got me at 82 MPH in a 65MPH but I was on the brakes.

So I have to pay the fine or go to court, I have a traffic school person so I don't have to show up to that.

So any advise? I want to fight the ticket but don't know what questions to ask, btw its my first speeding ticket.

 

[sawbona]

Well I spent 9 yrs issuing those bad boys so heres my .02

First was it Radar or Laser.............Laser can pick you out of the pack , radar will take the vehicle closest to you (the officer)

2. Do you have after market tires and rims? Speedo could be off. Sometimes if this was the case judges reduced penalties according to documentation proving speedo was out of wack

3. 65 is the California max. So if your going to argue you were only going 70 its still a guilty and take the traffic school.

4. Officers get busy and sometimes if a defendant shows up he may be allowed to ask for traffic school if the officer shows up too. No officer and the case gets dismissed

5. Best defense if you were in a pack of cars and you can remember some of the others lic. plates. Acknowledge that you hit the brake as well when you saw the others. Not because there was a cop but you were unsure if there was a road hazard.

Anything else write back

 

[Alittleboost]

I was in a Pack of cars. The car in front of me hit his brakes hard becuase he saw the CHP. The CHP was around the bend of the freeway blocked off by some trees, and was stationary.

I only could remember the make, model, color of the car. Also my car is Stock! with a KMA-637 License plate that my buddy in the LAPD gave me...but I'm sure CHP doesn't give a rats ass. Also this is my first ticket.

I'm not sure if he used his radar while moving or while he was stationary, but are those radar's always accurate?!?!...I was in a pack of cars and I was about to signal out of the lane because the car in front of me was braking harder than me but I couldn't because the car next to me was keeping paste. I positive that I was doing under 80, but like you said the limit is 65...I'm 100% sure that I wouln't of got this ticket if I was in the fast lane..but I manuvered into the slow lane to pass up people, to get into the fast lane where they were doing 80+mph.

Right when I saw him chasing me down, I looked at my speed and read 78mph, and was on the brakes. So I don't think he got the right person...but I need some advise in proving this.

Thanks, Mark

 

[ss_md]

Going down the 5 fwy from San Diego to irvine (5 North).

Here's the situation: driving in the slow lane to pass other drivers to cut out into the fast lane. I was doing about 90 when I came around the bend, Then I see this Rav 4 hit his brakes hard..so I do the same guessing there's a CHP on the side of the road. As soon as I complete the turn I see him, he goes after me right away....But I don't know if he Radar me while parked or moving. Told me he got me at 82 MPH in a 65MPH but I was on the brakes.

So I have to pay the fine or go to court, I have a traffic school person so I don't have to show up to that.

So any advise? I want to fight the ticket but don't know what questions to ask, btw its my first speeding ticket.

You could contest by going to court then request a court date and appear in court on that date or you can contest by Trial by Written Declaration. The first gives you one (1), chance to win, the second option actually gives you two actual opportunities to win. Remember if you fight you might lose your opportunity to go to traffic school. Either way your chances of winning are dependant on the amount of support you have for your defense. Was the posted speed limit 65 or was it posted Maximum Speed 65? if the later you might want to just go to traffic school. There is a difference between Prima Facia and Maximum speed limits. Prima Facia law states the speed limit is what is safe and prudent for raod and weather conditions amd traffic. If you can prove it was not safe to be going slower than the posted speed limit you might win. Moving with the flow of traffic is not a valid reason to speed. As Sawbona asked were you ticketed with radar or laser. If Laser was the laser unit inside or out side of the car? Laser loses efficieny when mounted or used from inside the vehicle. If a MC officer you will probably lose unless there are permanant or fixed obstructions like trees and whatever. If radar you might contest that the officer may have cited the wrong vehicle. If you fight, in either case radar or laser, subpeona a tracking record and calibration dates of the unit used by the citing officer. Look at the ticket; make sure all the details are
present on the ticket, i.e.: date of citiation, correct make & model, etc.

Traffic citations are a revenue generation system used by the courts, so guess who the judge or the commissioner is going to side with. Especially since the officer is a trained professional. You need to build a very credible case in you favor and even if you do, you still might lose. There is too much stuff to cover on Traffic citations here. There are tons of resources on the Internet - do a search. Good luck.

3. 65 is the California max. So if your going to argue you were only going 70 its still a guilty and take the traffic school.

I thought the Federal Maximum is 65 and the State Maximum is 70 (on rural freeways)?

 

[Alittleboost]

Everything on the ticket seems to be correct. The only part not clear is the speed limit...he put down 65 but did not circle P.F (prima Facia) or max speed..under violation the section number is 22349 Ca/VC so I have to look this one up.

Also he used radar for sure, because I asked him...just to see if I have a case. The only thing I'm not sure about is if he was stationary or moving whiel gunning me.


also how do i subpoena the calibration for the radar? also do you know any useful web-sites off the top of your head?


I greatly appricate you guys replying, and taking your time to give me advise to fight this ticket.

Thanks, Mark

More advise is very much welcomed.

 

[Hrant]

good advice.

Re: First was it Radar or Laser.............Laser can pick you out of the pack , radar will take the vehicle closest to you (the officer)


How about this scenario. Say you are on a two lane road, and CHP faces a car coming straight at him as this car is passing slower car. You would be in front of this situation. Would the officer's radar/laser pick you up or the car coming head on to him before merging back to the lane?

----------> passing car <----- CHP
----> slow car -------> you

TIA

 

[sawbona]

If he turned on the radar as this car was passing it will pick up the passing car first, doesn't stop him from keeping it on to try and get a reading on you though. Hopefully you would have seen him (CHP) and hit the brakes by then.

Also remember that radar is used for support of his visual estimation,

 

[Hrant]

Thanks. But if the radar was on say all the time, which one would he pick first? The car that is in direct line in front of him or my car that is about to pass him? As for the visual, it was pitch dark ... ;-)

Edit: Let me get a little more technical with info since I don't know how exactly radar guns read which signals first. If the speed of the passing car is different from the speed of my car, will the radar gun pick the faster speed always even if the distance is longer or the closest car irrespective of speed due to the field of the radar?

 

[ANYTIME]

also do you know any useful web-sites off the top of your head?

Thanks, Mark

More advise is very much welcomed.

Ticketassassin

 

[newby]

I've had my share of tickets in my life, but the one thing I always did was fess up and pay the fine. I played so I paid...that's the way it goes. Dude, you were doing 90 in a 65 and you want out of the ticket!! I'd be happy he only got you at 82mph.

If you would like to get a break, go to court and admit to the judge that you were speeding. Tell him why and that this is obviously out of character for you because it's your first ticket. Plead for a deal. Offer to pay the fine if you can keep the ticket off your record.

I get every excuse in the book and everytime someone takes me to court for citing them....they have more excuses. Our judges see right through it and always convicts. I give breaks to people who admit to their mistakes. I think most judges think the same way.

Our court systems are so backed up because of people trying to get away with something. Next time you see someone run a red light and almost smoke you....and you think "Where's a cop when you need him". he's probably in court because someones trying to get out of a ticket they deserved. :smile:

You sound like a good guy who's not trying to beat the system you would just like the ticket decreased or some kind of deal. Tell the judge that..... not only will he respect you as a person, but you may get what your looking for.

 

[91 X]

Going down the 5 fwy from San Diego to irvine (5 North).

Here's the situation: driving in the slow lane to pass other drivers to cut out into the fast lane. I was doing about 90 .......

So I have to pay the fine or go to court,>>> "I have a traffic school person so I don't have to show up to that."<<<

So any advise? I want to fight the ticket but don't know what questions to ask, btw its my first speeding ticket.

You have a traffic school person??? Where can I get one of those??? :biggrin:

Might as well just take traffic school, cuz even if you were NOT guilty, if the cop shows up..you ARE!!! 99.99 times out of 100 the judge takes the officers word and laughs at yours :frown: Besides, you "have a traffic school person" :tongue:

 

[Alittleboost]

I've had my share of tickets in my life, but the one thing I always did was fess up and pay the fine. I played so I paid...that's the way it goes. Dude, you were doing 90 in a 65 and you want out of the ticket!! I'd be happy he only got you at 82mph.

If you would like to get a break, go to court and admit to the judge that you were speeding. Tell him why and that this is obviously out of character for you because it's your first ticket. Plead for a deal. Offer to pay the fine if you can keep the ticket off your record.

I get every excuse in the book and everytime someone takes me to court for citing them....they have more excuses. Our judges see right through it and always convicts. I give breaks to people who admit to their mistakes. I think most judges think the same way.

Our court systems are so backed up because of people trying to get away with something. Next time you see someone run a red light and almost smoke you....and you think "Where's a cop when you need him". he's probably in court because someones trying to get out of a ticket they deserved. :smile:

You sound like a good guy who's not trying to beat the system you would just like the ticket decreased or some kind of deal. Tell the judge that..... not only will he respect you as a person, but you may get what your looking for.

Yeah, I'm trying to get a deal...but I think I didn't deserve the ticket, the people all around me were going the same speed if not faster, I think he just wanted to give me a ticket for having a red NSX. He walked up to my window chewing peanuts that he was eating on the side of the highway!.

I was sped up to pass slower cars to try to get into the fast lane where people were doing 80-90 mph avg....keep in mind this is a long strech of highway in the middle of nowhere, and for sure the fast lane drivers had no chance to see the cop and slow down in time. Its just I get pop and pulled over and I look at the guy next to me and he's dead even with me speed wise!

But I'll see my options first and see what angle I'm going to approach this with.

 

[newby]

Yeah, I'm trying to get a deal...but I think I didn't deserve the ticket, the people all around me were going the same speed if not faster, I think he just wanted to give me a ticket for having a red NSX. He walked up to my window chewing peanuts that he was eating on the side of the highway!.

I was sped up to pass slower cars to try to get into the fast lane where people were doing 80-90 mph avg....keep in mind this is a long strech of highway in the middle of nowhere, and for sure the fast lane drivers had no chance to see the cop and slow down in time. Its just I get pop and pulled over and I look at the guy next to me and he's dead even with me speed wise!

But I'll see my options first and see what angle I'm going to approach this with.

I don't want to get into "I wasn't the only one breaking the law". Yeah, you were not alone, but you are guilty. It would be great if we could give everyone a ticket for speeding, however unless we want to see a tax increase to pay for more officers on the road....it's not going to happen. You were probably picked out of the crowd because of your flashy car. I try not to do that, however I own a flashy car so I know what it's like being on the other side. Nonetheless, we own a car like this that we know draws attention.....some good some bad.

Did you say anything to the officer about you not being the only one speeding, or how come he picked you out of the crowd?

What does that mean when you say you have a "traffic school guy"?

 

[DocL]

If it's your first ticket I would ask for a plea down to something like not wearing a seatbelt. You'll have to pay a fine and court fees, but at least you may not get points on your license. I haven't gotten a ticket in almost five years and that's becaue I don't speed as much, and my V-1 has saved my ass since getting it five years ago.

The best defense is not to get caught breaking the law. :biggrin:

 

[ss_md]

Try the "this is my first ticket" method and ask the judge/commissioner keep the citation off of your record by donating the total fine to a worthy charity/NPO like MADD. You still pay the fine and you benefit by keeping the citation of of your record - worth a shot. Other than that jo the traffic school route. The citation still says off your recod you just have to do your time. Just remember in the future; "don't do the crime, if you can't do the time"

 

[Alittleboost]

I don't want to get into "I wasn't the only one breaking the law". Yeah, you were not alone, but you are guilty. It would be great if we could give everyone a ticket for speeding, however unless we want to see a tax increase to pay for more officers on the road....it's not going to happen. You were probably picked out of the crowd because of your flashy car. I try not to do that, however I own a flashy car so I know what it's like being on the other side. Nonetheless, we own a car like this that we know draws attention.....some good some bad.

Did you say anything to the officer about you not being the only one speeding, or how come he picked you out of the crowd?

What does that mean when you say you have a "traffic school guy"?

I didn't ask, because the expression on his face came off like a stuck up ass when he ask for my license and registration. But before he left I asked him if I disturbed his snack...since he was clearing his teeth while approaching my car, and also what how did he record my speed, which he said radar.

When I said I have a traffic school guy, I mean that, I know somebody that I just give 50 bucks to and they say I've attended traffic school.

But for advice, I should just go to court and plea guilty and ask for a lesser fine?

Lets say I go to court to plea guilty will the officer be there?....if not that means I win the case correct?. My plan was to plea guilty if he shows up.

Sorry for all the question this is my first speeding ticket.

 

[NsXMas]

Take the traffic class, unless you like pain.

I hope your traffic buddy won't get busted. I think you should at least take the class. I've learned some very valuable things in traffic class.

 

[newby]

But for advice, I should just go to court and plea guilty and ask for a lesser fine?

Lets say I go to court to plea guilty will the officer be there?....if not that means I win the case correct?. My plan was to plea guilty if he shows up.

Sorry for all the question this is my first speeding ticket.

If you go to court and the officer shows up, you can attempt to make a deal. If you show up and for some reason the officer doesn't.....then ideally you could plead not guilty and tell the judge you had some issues to bring up and the officer is not hear to answer your questions. Then the case will more than likely be dismissed. Just be sure he's not going to show up the last second (after you enter your plea).....at which time the Prosector will say, "Your Honor, my witness has now arrived".
Just be sure to have a back up plan. I still say plead guilty either way. Even if the officer isn't there...tell the judge that you are aware the case could be dismissed being the officer didn't show, however you accept fault for what you did and you are just hoping the court will take your integrity and driving record into consideration . That would probably floor the judge!!

good luck.....

As far as having a traffic school guy goes......It's people like that who corrupt the whole system.... Maybe turn him in while your in court and that might help your case :wink:

 

[DocL]

...As far as having a traffic school guy goes......It's people like that who corrupt the whole system.... Maybe turn him in while your in court and that might help your case :wink:

Why would he consider doing such a thing? Traffic school is a waste of time and it's full of degenerates. I went to traffic school about six years ago and during the break two people were caught smoking pot. What did the instructor do? He kicked them out and let them drive away. Real smart!!!

If our friend here has a an escape, then by all means he should take it. I'd enter a guilty plea without adjudication and then pay my guy the 50 bucks and enjoy a night on the couch watching your favorite program. It's nice once in a while to have corruption on our side. We hear so much of in the legal and political system anyway, and who is it going to hurt by not going to traffic school for three hours.

 

[ss_md]

Can you say "FRAUD"?

I don't understand why your "Traffic School" guy would risk losing his/her license, just to help you. Are you willing to risk him/her losing his/her license, just because you are too lazy to attend T-School or think you are innocent?

If you want to contest the ticket so be it, just don't jeopardize another person's livelyhood in the process. How will you feel, if the class you are supposedly enrolled gets audited and your friend loses his/her license? Is this something you are willing to risk? If it is, then you have moral and ethical issues!! Sorry for being so harsh - it just annoy's me to no end that you would sacrifice so much just for personal gain . Traffic school isn't that bad. It's just 8 hours of your life and it won't kill you to attend. You might even learn something.

 

[steveny]

Speeding Ticket! Need some advice............

SLOW DOWN!

 

[91 X]

Speeding Ticket! Need some advice............

SLOW DOWN!

:biggrin: LMAO...Best advice yet!!!

 

[Alittleboost]

Speeding Ticket! Need some advice............

SLOW DOWN!

Are u telling me that you never speed up to pass somebody?....I got caught, for speeding yes, but mostly do to the car I drive, NSX.


As for the traffic person, I think they work for the DMV. And I didn't ask them to do this for me...they offered. So yeah I'm going to take the offer, its nice to have people in high places so to speak. Some people have the luxury of having the whole situation dismissed, You really think another CHP officer will ticket an off duty CHP officer for speeding?.

I'll go to court, and hope the CHP officer doesn't show. If he does, I'll just probably ask for a lesser sentence. I don't understand why so many people are so against me paying off my traffic school. Its only my first ticket and I wasn't street racing or anything...80mph is pretty common on highways in california, especially from san diego to la.

 

[steveny]

Are u telling me that you never speed up to pass somebody?....I got caught, for speeding yes, but mostly do to the car I drive, NSX.


As for the traffic person, I think they work for the DMV. And I didn't ask them to do this for me...they offered. So yeah I'm going to take the offer, its nice to have people in high places so to speak. Some people have the luxury of having the whole situation dismissed, You really think another CHP officer will ticket an off duty CHP officer for speeding?.

I'll go to court, and hope the CHP officer doesn't show. If he does, I'll just probably ask for a lesser sentence. I don't understand why so many people are so against me paying off my traffic school. Its only my first ticket and I wasn't street racing or anything...80mph is pretty common on highways in california, especially from san diego to la.

I was just giving you advice that's all. I could talk to you until I am out of breath and blue in the face like all my elders did to me. The advice did me no good until I ran out of ways to get out of tickets. Then I had to pay the price. After that I took the advice of my elders which is the same advice I offered you...Slow Down, It truly is the only real way to avoid speeding tickets, trust me I know I have had dozens in my life.

Get a radar detector. For what you will pay on this one ticket or driving school or whatever other way the state decides to strip your pockets of cash, you could have a very nice passport or V1 with the same money. A detector won't save you every time but it will pay for itself over time. I have concealed detectors installed on every vehicle I own. They have paid for themselves several times over.

Knowing the right people can always help but if you don't know the right people don't speed. If you don't have a badge don't expect to be treated like a police officer.

I know how you feel. I hate getting tickets. Everyone hates getting tickets. The system isn't fair everyone speeds and you feel like you are the only one that gets nailed. Cop's don't get tickets. The fine ups your insurance. It just all sucks, but who ever said it was fair?

 

[Alittleboost]

I do plan to get a V1 soon, just that I really never had the need for one...I was in the wrong place at the wrong time, in a NSX.

I don't always speed, I know everybody does it though....You have to some times even for safety factors like merging on the highway or whatever.

But I understand you giving me advice....but it was just screaming at me.
What a hassel a stupid ticket could bring!