HE could not be serious. Dw man a lot of cops are just looking to ruin someone's day
"Careless" Driving Ticket... WTF?
Super Member
Joined: Dec 2008
Posts: 526
Likes: 1
From: MD
2007 C230 and 1985 Monte SS
I got a copy of my driving record about a month ago... and it dawned on me...
3 tickets in the last 5 years... all of them in September.
End of the fiscal year anyone?
I just got one in my Monte Carlo... I was on a 2 lane road (2 each way) where the speed limit is 30. The officer got me with a laser, and said I was going 60. I know that car inside and out, I transplanted the entire drivetrain, and I know there is no way I was going 60. 40-45... maybe, along with everyone else on that road. The only speed limit sign between my house and where I got caught on that road is LITERALLY 12 inches behind a telephone pole, and you can't see the first number, only the "0".
I'm hoping that the speed limit sign will help, plus the fact that the officers (3 or 4 of them in an assembly line fashion) were standing and freehanding the laser guns rather than steadying them on something. Shooting a car at 200 yards out while holding the gun steady with cars driving by 6 feet from you cannot be accurate.
3 tickets in the last 5 years... all of them in September.
End of the fiscal year anyone?
I just got one in my Monte Carlo... I was on a 2 lane road (2 each way) where the speed limit is 30. The officer got me with a laser, and said I was going 60. I know that car inside and out, I transplanted the entire drivetrain, and I know there is no way I was going 60. 40-45... maybe, along with everyone else on that road. The only speed limit sign between my house and where I got caught on that road is LITERALLY 12 inches behind a telephone pole, and you can't see the first number, only the "0".
I'm hoping that the speed limit sign will help, plus the fact that the officers (3 or 4 of them in an assembly line fashion) were standing and freehanding the laser guns rather than steadying them on something. Shooting a car at 200 yards out while holding the gun steady with cars driving by 6 feet from you cannot be accurate.
Super Member
Joined: Aug 2009
Posts: 661
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2007 c230
I don't nkow about you guys but here on long island they are pretty leaniet with speeding. The speed limit on highways is 55 and most people usually do between 70-75. And most cop cars(except HW) here are not radar equipped. unless they sign out the gun which has to be calibrated by a HWP each time. The speed limit near my house is 35 and most ppl do 50. .... i got pulled over in VT for doing 6 over the speed limit. I got pulled over in VA for doin 60 in a 50. I just find it weird how leaneant we are
Thread Starter
MBWorld Fanatic!
Joined: Mar 2009
Posts: 1,545
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From: Saint Augustine, FL
1999 CLK320 (sold), 2007 C230 SS (gone), 2000 Grand Marquis, 2011 CR-Z, stay tuned...
Around here it is 5 over for most roads, but for the interstate (70mph limit) most do between 80 and 90. It's just the laws and penalties around here are so bad.
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Joined: Jul 2008
Posts: 8,384
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2019 G70 6MT & 2022 Ford Maverick XL
I'll keep this in mind next trip to Florida I take. I've been this year in both C230 (twice) and 135i (once) and I was running 95mph cruise on the interstate in FL. Better not do that.
Thread Starter
MBWorld Fanatic!
Joined: Mar 2009
Posts: 1,545
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From: Saint Augustine, FL
1999 CLK320 (sold), 2007 C230 SS (gone), 2000 Grand Marquis, 2011 CR-Z, stay tuned...
I pretty much keep it at 80 just cruising, but I follow the traffic, so if I can jump behind someone going faster, I do.
MBWorld Fanatic!
Joined: Jun 2002
Posts: 7,263
Likes: 169
From: So. Oregon Coast
C230 Sport Coup + 2006 W164 ML350 + 99 Ford Escort RIP
I found this great site with a defense for practically any ticket, via trial by declaration.
http://www.r6-forum.com/forums/showthread.php?t=54247
I got a tik for "following too close".
I did the TBD and am awaiting the response.
Since my ticket didn't include anything about speed, distance, road conditions,
and was basically a replacement tik (we really got pulled over 'cause my X GF's ML didn't have any damn plates the stupid @#$%^.)
Anyway, I followed his format, I think I'll have a good chance.
Seperately I also got a speeding ticket recently (I've been driving VERY carefully after
getting 2 tix close together this summer, using cruise control)
went to court, plead not guilty, did NOT waive time, and the cop didn't show,
CASE DISMISSED>
So, now just waiting on the TBD.
I don't imagine I can lose, since the following too close ticket failed to make any kind of case.
Here's what I wrote:
I respectfully submit this written declaration to the Oakland Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21703.
The facts of my case are as follows: While driving on the 580 Freeway just beyond the 880 interchange on 07-03-2009 I was stopped by CHP Officer XX(I.D.#1234) and was charged with violating CVC 21703, Following Too Closely.
But in fact I was initially pulled over due the fact the vehicle did not have license plates.
A 2006 ML350 belonging to R White who was the passenger.
Officer Harbour questioned myself and the owner, Ms. White as the whereabouts of the plates, which due to a problem with the purchasing dealer had not been provided after they were paid for upon the purchase of the vehicle.
The owner of the dealership had then left for 3 months to Germany and she was unable to get the plates.
The Officer went back to her car to verify the issue with plates and apparently the information checked out as it was only then that Officer XXX then stated, that she was going to write me a ticket for “following too close”!
I was rather shocked as was Ms. White the passenger and owner of the vehicle.
I was several car lengths behind the vehicle in front of me, posed no danger and was driving in safe manner as I have been taught.
In over XX years of driving, I have never been in at fault rear end accident.
I drive highway 17 from Santa Clara to Santa Cruz on almost a daily basis and have also never had an accident or been sited for tailgating.
The officer told me that I was not speeding (in fact traffic was moving quite slow, due to presence of several patrol cars in the vicinity) but alleged that I was following the car in front of me "too closely."
CVC 21703 Following Too Closely states: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable or prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."
But Officer XXX fails to state any relevant information to support her claim as in;
The officer fails to provide ANY relevant information necessary to establish a violation of CVC 21703.
I believe her primary concern was the license plates, and the “tailgating” ticket
was merely a “replacement” ticket, which has no evidence or data to back it up.
I was following the car in front of me safely at the time of my stop, several car-lengths back. I had always been taught that I should stay 2-3 seconds behind the car in front of me. (The California Driver Handbook advises motorist to use this "three-second rule" to determine a safe "Following Distance.") I was following the car in front of me at a safe distance with approximately a 2-3 second "space cushion" as advised by the DMV and from over xx years of driving experience.
I believe that a reasonable interpretation of CVC 21703 proves my innocence in this case and I ask the Court to dismiss my citation in the interest of justice, as we as the fact that no information is provided by the officer as it relates to the citation.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
*(This last sentence is critical, or they'll throw it out.)
I'll let you guys know what happens!
http://www.r6-forum.com/forums/showthread.php?t=54247
I got a tik for "following too close".
I did the TBD and am awaiting the response.
Since my ticket didn't include anything about speed, distance, road conditions,
and was basically a replacement tik (we really got pulled over 'cause my X GF's ML didn't have any damn plates the stupid @#$%^.)
Anyway, I followed his format, I think I'll have a good chance.
Seperately I also got a speeding ticket recently (I've been driving VERY carefully after
getting 2 tix close together this summer, using cruise control)
went to court, plead not guilty, did NOT waive time, and the cop didn't show,
CASE DISMISSED>
So, now just waiting on the TBD.
I don't imagine I can lose, since the following too close ticket failed to make any kind of case.
Here's what I wrote:
I respectfully submit this written declaration to the Oakland Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21703.
The facts of my case are as follows: While driving on the 580 Freeway just beyond the 880 interchange on 07-03-2009 I was stopped by CHP Officer XX(I.D.#1234) and was charged with violating CVC 21703, Following Too Closely.
But in fact I was initially pulled over due the fact the vehicle did not have license plates.
A 2006 ML350 belonging to R White who was the passenger.
Officer Harbour questioned myself and the owner, Ms. White as the whereabouts of the plates, which due to a problem with the purchasing dealer had not been provided after they were paid for upon the purchase of the vehicle.
The owner of the dealership had then left for 3 months to Germany and she was unable to get the plates.
The Officer went back to her car to verify the issue with plates and apparently the information checked out as it was only then that Officer XXX then stated, that she was going to write me a ticket for “following too close”!
I was rather shocked as was Ms. White the passenger and owner of the vehicle.
I was several car lengths behind the vehicle in front of me, posed no danger and was driving in safe manner as I have been taught.
In over XX years of driving, I have never been in at fault rear end accident.
I drive highway 17 from Santa Clara to Santa Cruz on almost a daily basis and have also never had an accident or been sited for tailgating.
The officer told me that I was not speeding (in fact traffic was moving quite slow, due to presence of several patrol cars in the vicinity) but alleged that I was following the car in front of me "too closely."
CVC 21703 Following Too Closely states: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable or prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."
But Officer XXX fails to state any relevant information to support her claim as in;
- The speed of my vehicle
- The speed of the vehicle in front of me
- Road conditions
- Neither did she specify what a safe distance would have been.
- OR specify what "too closely" might be.
The officer fails to provide ANY relevant information necessary to establish a violation of CVC 21703.
I believe her primary concern was the license plates, and the “tailgating” ticket
was merely a “replacement” ticket, which has no evidence or data to back it up.
I was following the car in front of me safely at the time of my stop, several car-lengths back. I had always been taught that I should stay 2-3 seconds behind the car in front of me. (The California Driver Handbook advises motorist to use this "three-second rule" to determine a safe "Following Distance.") I was following the car in front of me at a safe distance with approximately a 2-3 second "space cushion" as advised by the DMV and from over xx years of driving experience.
I believe that a reasonable interpretation of CVC 21703 proves my innocence in this case and I ask the Court to dismiss my citation in the interest of justice, as we as the fact that no information is provided by the officer as it relates to the citation.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
*(This last sentence is critical, or they'll throw it out.)
I'll let you guys know what happens!
Last edited by C230 Sport Coup; Nov 12, 2009 at 06:06 PM.
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Newbie
Joined: Nov 2009
Posts: 1
Likes: 0
audi a4
Man, that is not good at all. I once got a ticket for not completely stopping at a stop sign and running a red light and I didn't do any of those violations. Luckily I had a family friend that is a traffic lawyer and he helped me by getting the ticket reduced and I had to take those online traffic courses but then the entire ticket got dismissed. I was at a stop light and I looked at a cop. We made eye contact and then I rolled up my tinted windows and I guess that made me look suspicious.
MBWorld Fanatic!
Joined: Dec 2008
Posts: 1,458
Likes: 3
From: Royal Oak, Michigan
Moped
forgot to update you guys. last friday nov. 13 i lost to my 70mph case... i know.. sucks... there were 52 trials that day and only 8 cops showed.. i was one of the unlucky 8... dammit... $260 plus traffic school.. dint get any discount at all... phail.org <<< this was chino hills court btw
then tomorrow i have another trial at west covina for 80mph.. crossing my fingers on this one... after this no more...
IF I loose tomorrow can i take traffic school for this too???? IF I LOOSE.
then tomorrow i have another trial at west covina for 80mph.. crossing my fingers on this one... after this no more...
IF I loose tomorrow can i take traffic school for this too???? IF I LOOSE.
MBWorld Fanatic!
Joined: Jun 2002
Posts: 7,263
Likes: 169
From: So. Oregon Coast
C230 Sport Coup + 2006 W164 ML350 + 99 Ford Escort RIP
forgot to update you guys. last friday nov. 13 i lost to my 70mph case... i know.. sucks... there were 52 trials that day and only 8 cops showed.. i was one of the unlucky 8... dammit... $260 plus traffic school.. dint get any discount at all... phail.org <<< this was chino hills court btw
then tomorrow i have another trial at west covina for 80mph.. crossing my fingers on this one... after this no more...
IF I loose tomorrow can i take traffic school for this too???? IF I LOOSE.
then tomorrow i have another trial at west covina for 80mph.. crossing my fingers on this one... after this no more...
IF I loose tomorrow can i take traffic school for this too???? IF I LOOSE.
An 85% chance of winning, just because you show up.
People may think this is a waste of time.
But check it out. Lets say your insurance doubles because of 2-3 tickets on your record. Example, I pay 1200 a year,
then if it went to 2400 for 3 years, + 200 fine per ticket,
thats 1200x3+600=$4200
I know some of you pay even more.
Fight your tickets!!!!!
Don't give up Patrick. And be sure to do the TBD 1st, then request a trial de novo if you lose. I find not waiving time is a good thing too, most of the time.
The judge dismissed one case because it was more than a year since the violation because of some sort of interests of justice thing since the officers recollection might be faded???
Anyone heard of this?
I have at times, just got pissed and didn't pay a ticket, and it took them a long time to get around to having go to a warrant, and then got them dismissed when the officer didn't show, and one time the cop said he lost his notes.
Not really a good strategy, especially not these days, thing don't' slip through the cracks the way they used to. "Back in the day" sometimes the courts were just not up on things.
Lastly, the police are on a major revenue generating kick these days.
Use your cruise control, come to complete stop, wear your seatbelt, don't attract attention!
I'm being very careful these days to avoid the expense and hassle of traffic tix.
And thats the best way!
Last edited by C230 Sport Coup; Nov 19, 2009 at 02:31 PM.
MBWorld Fanatic!
Joined: Dec 2008
Posts: 1,458
Likes: 3
From: Royal Oak, Michigan
Moped
^^^ i heard you! thanks for the great info and tip! i just took off exhaust today too!
my trial tom is more than 1 year old already. so hopefully i get a refund on bail.
what did you mean by TBD?
my trial tom is more than 1 year old already. so hopefully i get a refund on bail.
what did you mean by TBD?
MBWorld Fanatic!
Joined: Jun 2002
Posts: 7,263
Likes: 169
From: So. Oregon Coast
C230 Sport Coup + 2006 W164 ML350 + 99 Ford Escort RIP
Finally got a response from the Oakland Court.
Not Guilty.
TBD= Trial By Declaration.
Now, the basturds have 60 days to return my 200+ dollars...
damn, that woulda come in real handy just now.
Not Guilty.
TBD= Trial By Declaration.
Now, the basturds have 60 days to return my 200+ dollars...
damn, that woulda come in real handy just now.
MBWorld Fanatic!
Joined: Feb 2009
Posts: 5,537
Likes: 8
2006 C350 Sport 6MT
Congrats
