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Exhibition of speed ticket.. HELP

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Old Feb 18, 2013 | 06:40 PM
  #1  
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Exhibition of speed ticket.. HELP

Hey MBworld,
I received an exhibition of speed ticket from a CHP officer here in California a few days ago. I wanted to see if anyone here on the forum has had any experience with a similar ticket like this and has tried fighting it? I plan on fighting the ticket because it is outrageous that I am receiving a 2 point ticket and possibly getting my license suspended for "accelerating too fast"
I was not speeding or racing anyone.

I was driving on a 2 way road with no one around at 10am. I got to a stop sign and accelerated up to 45 which was the posted speed limit and then stayed at 45 for a seconds and then got pulled over.

When I stopped at the stop sign I did a full stop then did gas harder then normal, but again nothing crazy to make my tires spin out, just enough for my exhaust to make some noise, little did I know there was a CHP hiding a few feet after the stop sign

Once he pulled me over he lectured and yelled at me for a bit and threatened to impound my car.

He wrote me an exhibition of speed ticket VC 23109(c)
He told me that I may get my license suspended because of this ticket and then let me go

I understand that what I did was wrong, acceleration fast, but it was not like I was directly racing anyone, I feel like its a bit rash for what I did.

He even said he was hiding there because they get complaints of people always speeding on the road I was on and running stop signs (this was my first time driving on this road by the way) So I feel like he was just out there looking to set an example

I want to fight the ticket and wanted to see if anyone has any recommendations because I have never tried fighting a ticket before.

Thanks in advanced!

Last edited by Peydidy; Feb 18, 2013 at 08:13 PM.
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Old Feb 18, 2013 | 07:46 PM
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I can't help you with the ticket, but agree it sucks. I often 'take off' and get up to speed limit quick, whether anyone else is around or not. I'd fight the hell out of a ticket that said I wasn't speeding, but just "got there too fast". Bull! No tire squeals, no rubber, just fast. What a crock o'shtt. Good luck. "Exhibition of speed"... you have got to be kidding! How was it determined? Accellerometer? G-force? Zoom-0-meter? Unfrikkenbelievable!

Last edited by user 823908234; Feb 18, 2013 at 07:48 PM.
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Old Feb 18, 2013 | 09:09 PM
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Wow, I never heard of that. I always get up to the speed limit at the speed of light - what other fun is a fast car in a big city?

You can fight it if you are inclined. First, what does the state law or local ordinance you violated actually say? It has to be a subjective standard, especially if you did not burn your tires. He did not measure your acceleration curve. Tell them you want a trial if they want points. They will probably cut you a deal. The cop is the only witness, and he's probably too busy to show up. If he does show up, I'd pay my own money to do that cross exam. Did I speed? No. Can you tell me how fast I was going at any point? No. Did you measure how long it took me to get up to the speed limit? No. Exactly how much faster was I acclerating than I could have w/o you giving me a ticket? I don't know. How long since you last ate a donut? Too long. You get the point.

Last edited by Yidney; Feb 18, 2013 at 09:13 PM.
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Old Feb 18, 2013 | 09:19 PM
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V C Section 23109 Speed Contests

Speed Contests

23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

My ticket was under section (c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

I think if it wasn't for my exhaust I wouldn't have gotten the ticket, I think the main reason was my car screams pretty loudly when I push the gas a little harder then normal and it does attract attention.
I think it just looked to him like I may have been going crazy, but still the ticket was a bit to far of a ticket.

Also the officer seemed unsure of what to site me for. He took a while to write my ticket and when I kept watching him in my rear view mirror he was looking threw a book for a while, I am guessing he may have been looking up what the correct citation would be.

I am going to try going to the original place were I got pulled over and try taking pictures of the ground to show there are no tire marks or anything.
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Old Feb 18, 2013 | 09:43 PM
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OMG, that's even better. If I lived where you do I'd volunteer to be your lawyer for free.

What definition do you have of exhbition? Of Speed? What does "speed" mean? Is it below the speed limit? What says that? What speed is speed? Could another officer have not given me a ticket for the same behavior?

And was it a "highway"?

I'm having fun, and I'm not even there.

Last edited by Yidney; Feb 18, 2013 at 09:55 PM.
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Old Feb 18, 2013 | 10:32 PM
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I get pulled over about every other month for things like this. So far (knock wood) I've not been written a ticket. Other than doing the typical 80-85mph to keep up with freeway traffic, I do not speed - I obey or even go under residential speed limits and I keep at posted limits on secondary highways. However, "driving a Mercedes-Benz" seems to be a citable offense where I live. An honestly, I am not a good person to pull over because I do not put up with BS very well.

I was pulled over last week on my way to get pizza. I at a light waiting to turn left onto the highway. I clearly saw the cop hiding in the parking lot in the shopping center across the street, waiting for someone to run the light. When my signal changed to green, I turned onto the highway, and even had to go slow because the road was rough and the median pass-through was lower than the street surface. Once I completed my turn, I had about two blocks to get to the pizza restaurant. The speed limit was 50mph, and I might have made it to 45mph before slowing to turn into the parking lot. When I got out of the car, the office whipped in behind me, jumped out of his car grabbed (but did not pull) his gun an yelled at me to get back in the car. Anyhow, we had a very heated exchange, which I recorded on my cell phone (and I told him I was doing so, and I am well within my legal rights to do as he was doing the same). He at first claimed I "blew through" the light. I told him that he was incorrect, that I turned left from the side street on green, and that he knew that because he was sitting there looking at me for over a minute while I waited on the light. He than stuttered and claimed I was speeding. I asked to see his radar reading, then he claimed he paced me. I then ask for how long, because it was not more than maybe a 1/4 mile from the light to the pizza restaurant. Next, he said I "peeled out". I told him that he was welcome to take my car and drive it over the same road surface, and if he could peel out without totally destroying the suspension and bumpers over the uneven roads, then I would agree with him. He then gave me a lecture about having a powerful car and that I could lose control, etc. I then requested his badge number and name and told him that if he ever stopped me again without hard evidence, that I would file suit for harassment.

Yes, I can be a real *** when pulled over for senseless reasons like this. If I am in the wrong, I take my lump, but the local bedroom community cops around here are bad. To see what it's like here in Alabama, you should watch the movie "My Cousin Vinny". That doesn't even come close to reality - the cops and judge in that movie are actually more professional that what we deal with. Oh, and don't worry - I am close friends with several judges (my wife and I were married by our friend who is now a state supreme court justice) and about half the lawyers in town are my clients.

Oh, Peydiddy - I strongly recommend fighting the ticket. Talk to friends who may have done this to see what it's like. Even go to traffic court ahead of time to understand how it will work. If possible, request several continuances/postponements. If you get lucky, the officer won't show and you'll get off. I;ve done that with several tickets. I haven't had a ding on my license in almost 15 years now.

Last edited by Rudeney; Feb 18, 2013 at 10:35 PM.
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Old Feb 18, 2013 | 10:54 PM
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Accelerating too fast? What a joke...
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Old Feb 19, 2013 | 03:52 AM
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This sounds ludicrous. Get an attorney!

You might look for a lawyer in the city/county where you got the ticket, because as I recall, CHP tickets are adjudicated in the county seat where they are issued. (At least I think so, that was the case when a buddy got a 100+ mph ticket, and it was a cow county somewhere along I-5 and they threw the book at him).

Also, change your hearing date as many times as you possibly can within the rules. Cops will tell you that they are happy to appear in court, but that is total BS in my experience. If the cop doesn't appear, it is likely that the ticket wil be dismissed.

Good luck and keep us posted.
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Old Feb 19, 2013 | 06:06 AM
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Wow. I feel your anger.
Do let us know what happens if you fight this.
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Old Feb 19, 2013 | 07:16 AM
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What a bunch of bs. The cop wasn't even sure what to give you. Just go plead not guilty and they will move it down to a lower violation
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Old Feb 19, 2013 | 12:49 PM
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Surely an "exhibition" requires an audience?

I would read part c) as referring to a guy flooring it to demonstrate his car's prowess for a bunch of on-lookers. And I don't think a hidden cop counts.


Now this guy is guilty as hell of that charge

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Old Feb 19, 2013 | 01:42 PM
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Exclamation ticketslayer.com......$139

osewell here's a story.....i got a ticket going 112mph....went to court pleaded not guilty!...another guy in front of me in court pleaded guilty for going over 100mph.....he has to pay $910...traffic shcool $435....and got his license taken away right then and there in the court room.moral of sorry always plead NOT GUILTY!!!!.......so go to ticketslayer.com and get the forms to fight the ticket....i did and i will let you know if it works on march 05.2013 ....so far turning in the forms and getting stamp by the district attorney's office and the court clerk has worked so far ...wish me luck with the rest of it.....
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Old Feb 19, 2013 | 08:53 PM
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Damn! Stupid pigs.

At least you don't get my tickets:
Driving While Asian
Driving in Mercedes-Benz
Driving While Minority in Mercedes-Benz
Driving While Music Not In Compliance with Police Officer's Tastes
Driving While Impersonating The 1%.

And then there's the felony:
Driving While Under Suspicion of Stolen Meecedes-Benz.

Enough to warrant drawing the weapon. (in one instance)

Fight the ridiculous ticket!!

Best of luck!!
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Old Feb 19, 2013 | 09:02 PM
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@iyeho........I JUST GET DRIVING WHILE '"BLACK'" ...thats sums it all up ...lol
racing is my life...
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Old Feb 19, 2013 | 09:47 PM
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Still isn't as bad as my buddy who gets checked against the No Fly List. Blessed wth a first name of Mohammad pretty much gets him checked against Homeland Security database lol
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Old Feb 19, 2013 | 10:05 PM
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true.....true lol
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Old Feb 20, 2013 | 01:39 PM
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Damn that story is beat up Pey, what a crock of ****. I've wondered about the legal guidelines to accelerating too fast.. I rip my tires a bit but don't speed... and my loud as hell exhaust probably makes cops more likely to ticket. Definitely sounds like the type of ticket you can beat just by delaying the system and pleading not guilty in court. Hopefully someone with CA law or speeding experience can give you a first hand recommendation.

Good luck!

edit: Rofl blackhouse
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Old Feb 21, 2013 | 12:16 AM
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Plead not guilty. You'll might to pay the fine in advance because traffic court in Calif is the only place that you are guilty and have to prove your innocence. You will have a hearing in front of an arbitrator...not a judge.

Reschedule the hearing at the last possible minute legally allowed. Then try and reschedule hearing again at the last possible minute. The should put you deep into July by now and there is a fair chance the cop does not show up and you could get dismissed.
If he does show up, get a good reason to explain to the referee. Something like you were having a problem with your car and the transmission was clunking. You might have went under the car and tightened the trans cross member bolt (im not telling you to lie to a judge) and you went out to a lightly travelled road to check the repair. You accelerated rapidly to see if the trans clunked, but you did not "peel out" and show the pics of the ground without skid marks, and remind that you never exceeded the speed limit.

Be respectful and refer to the referee as Sir. Wear a shirt with a collar and pants that fit. A jacket would show you are not a dipstick. Brush your hair. Look the referee in the eyes when speaking. Tell him that "exhibition" is a bit over reaching and unfair in your opinion and ask for some leniency. If you dont ask, you wont get. The referee will not assume.

God help you if you have other speeding tickets or other stupid stuff on your record. Im guessing you do. You wont have much of a chance.
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Old Feb 21, 2013 | 04:32 AM
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Originally Posted by Yidney
OMG, that's even better. If I lived where you do I'd volunteer to be your lawyer for free.

What definition do you have of exhbition? Of Speed? What does "speed" mean? Is it below the speed limit? What says that? What speed is speed? Could another officer have not given me a ticket for the same behavior?

And was it a "highway"?

I'm having fun, and I'm not even there.
haha thanks, I hired an attorney to help me fight the case, hopefully it goes well

Originally Posted by Rudeney
I get pulled over about every other month for things like this. So far (knock wood) I've not been written a ticket. Other than doing the typical 80-85mph to keep up with freeway traffic, I do not speed - I obey or even go under residential speed limits and I keep at posted limits on secondary highways. However, "driving a Mercedes-Benz" seems to be a citable offense where I live. An honestly, I am not a good person to pull over because I do not put up with BS very well.

I was pulled over last week on my way to get pizza. I at a light waiting to turn left onto the highway. I clearly saw the cop hiding in the parking lot in the shopping center across the street, waiting for someone to run the light. When my signal changed to green, I turned onto the highway, and even had to go slow because the road was rough and the median pass-through was lower than the street surface. Once I completed my turn, I had about two blocks to get to the pizza restaurant. The speed limit was 50mph, and I might have made it to 45mph before slowing to turn into the parking lot. When I got out of the car, the office whipped in behind me, jumped out of his car grabbed (but did not pull) his gun an yelled at me to get back in the car. Anyhow, we had a very heated exchange, which I recorded on my cell phone (and I told him I was doing so, and I am well within my legal rights to do as he was doing the same). He at first claimed I "blew through" the light. I told him that he was incorrect, that I turned left from the side street on green, and that he knew that because he was sitting there looking at me for over a minute while I waited on the light. He than stuttered and claimed I was speeding. I asked to see his radar reading, then he claimed he paced me. I then ask for how long, because it was not more than maybe a 1/4 mile from the light to the pizza restaurant. Next, he said I "peeled out". I told him that he was welcome to take my car and drive it over the same road surface, and if he could peel out without totally destroying the suspension and bumpers over the uneven roads, then I would agree with him. He then gave me a lecture about having a powerful car and that I could lose control, etc. I then requested his badge number and name and told him that if he ever stopped me again without hard evidence, that I would file suit for harassment.

Yes, I can be a real *** when pulled over for senseless reasons like this. If I am in the wrong, I take my lump, but the local bedroom community cops around here are bad. To see what it's like here in Alabama, you should watch the movie "My Cousin Vinny". That doesn't even come close to reality - the cops and judge in that movie are actually more professional that what we deal with. Oh, and don't worry - I am close friends with several judges (my wife and I were married by our friend who is now a state supreme court justice) and about half the lawyers in town are my clients.

Oh, Peydiddy - I strongly recommend fighting the ticket. Talk to friends who may have done this to see what it's like. Even go to traffic court ahead of time to understand how it will work. If possible, request several continuances/postponements. If you get lucky, the officer won't show and you'll get off. I;ve done that with several tickets. I haven't had a ding on my license in almost 15 years now.
I really enjoyed your story Rudeney nice to see a ignorant cop put in his place. Thank you for your advise and story


Originally Posted by billyhead1
This sounds ludicrous. Get an attorney!

You might look for a lawyer in the city/county where you got the ticket, because as I recall, CHP tickets are adjudicated in the county seat where they are issued. (At least I think so, that was the case when a buddy got a 100+ mph ticket, and it was a cow county somewhere along I-5 and they threw the book at him).

Also, change your hearing date as many times as you possibly can within the rules. Cops will tell you that they are happy to appear in court, but that is total BS in my experience. If the cop doesn't appear, it is likely that the ticket wil be dismissed.

Good luck and keep us posted.
I got an attorney, hopefully it will go good, thank you for your advice
I will keep this thread updated on how it goes

Originally Posted by elijah
Wow. I feel your anger.
Do let us know what happens if you fight this.
I have decided to fight it and will keep this thread updated

Originally Posted by Moedy
What a bunch of bs. The cop wasn't even sure what to give you. Just go plead not guilty and they will move it down to a lower violation
Hopefully I can get it moved down, I don't really care about the fine, but the 2 points is going to kill me, if I can get that lowered I am happy

Originally Posted by DangermouseCLK
Surely an "exhibition" requires an audience?

I would read part c) as referring to a guy flooring it to demonstrate his car's prowess for a bunch of on-lookers. And I don't think a hidden cop counts.


Now this guy is guilty as hell of that charge

http://www.youtube.com/watch?feature...&v=v6qVhRHfkGQ
Exactly what i thought when I read threw part (c), I would understand if it was on a busy street were it would have been a lot more unsafe, but on a backroad with no one around it just doesn't make sense to be such a hefty charge.

Originally Posted by blackhouse
osewell here's a story.....i got a ticket going 112mph....went to court pleaded not guilty!...another guy in front of me in court pleaded guilty for going over 100mph.....he has to pay $910...traffic shcool $435....and got his license taken away right then and there in the court room.moral of sorry always plead NOT GUILTY!!!!.......so go to ticketslayer.com and get the forms to fight the ticket....i did and i will let you know if it works on march 05.2013 ....so far turning in the forms and getting stamp by the district attorney's office and the court clerk has worked so far ...wish me luck with the rest of it.....
Let us know how it goes and good luck!

Originally Posted by iyeoh
Damn! Stupid pigs.

At least you don't get my tickets:
Driving While Asian
Driving in Mercedes-Benz
Driving While Minority in Mercedes-Benz
Driving While Music Not In Compliance with Police Officer's Tastes
Driving While Impersonating The 1%.

And then there's the felony:
Driving While Under Suspicion of Stolen Meecedes-Benz.

Enough to warrant drawing the weapon. (in one instance)

Fight the ridiculous ticket!!

Best of luck!!
Haha I feel you on the Driving while minority in Mercedes-Benz, quite the hefty charge
Thank you!

Originally Posted by Frank Rizzo
Plead not guilty. You'll might to pay the fine in advance because traffic court in Calif is the only place that you are guilty and have to prove your innocence. You will have a hearing in front of an arbitrator...not a judge.

Reschedule the hearing at the last possible minute legally allowed. Then try and reschedule hearing again at the last possible minute. The should put you deep into July by now and there is a fair chance the cop does not show up and you could get dismissed.
If he does show up, get a good reason to explain to the referee. Something like you were having a problem with your car and the transmission was clunking. You might have went under the car and tightened the trans cross member bolt (im not telling you to lie to a judge) and you went out to a lightly travelled road to check the repair. You accelerated rapidly to see if the trans clunked, but you did not "peel out" and show the pics of the ground without skid marks, and remind that you never exceeded the speed limit.

Be respectful and refer to the referee as Sir. Wear a shirt with a collar and pants that fit. A jacket would show you are not a dipstick. Brush your hair. Look the referee in the eyes when speaking. Tell him that "exhibition" is a bit over reaching and unfair in your opinion and ask for some leniency. If you dont ask, you wont get. The referee will not assume.

God help you if you have other speeding tickets or other stupid stuff on your record. Im guessing you do. You wont have much of a chance.
Thank you for your advice, Yes I do believe you pay the full fine at the time of pleading not guilty and then get a part of it refunded if you win the case.
I do have prior speeding tickets, one speeding that I did traffic school to keep the point away and anther recent one from a couple of months ago that I was not eligible for traffic school. That will very likely hurt my chances

Originally Posted by Pufftrees
Damn that story is beat up Pey, what a crock of ****. I've wondered about the legal guidelines to accelerating too fast.. I rip my tires a bit but don't speed... and my loud as hell exhaust probably makes cops more likely to ticket. Definitely sounds like the type of ticket you can beat just by delaying the system and pleading not guilty in court. Hopefully someone with CA law or speeding experience can give you a first hand recommendation.

Good luck!

edit: Rofl blackhouse
I feel like I have done worst in front of cops without getting a ticket, just one of those wrong places at the wrong time things. Hopefully I will have luck with the system
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Old Jun 16, 2013 | 09:27 PM
  #20  
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Court Date coming up this Friday (june 21st)
Will update this thread after

Quick question to anyone who has gotten there licenses suspended in the past.

I have been worried that my license will get suspended if I don't get this dropped. I have already paid for the ticket as bail threw the mail and requested a trail date and pleaded not-guilty
I got a lawyer for this case and my lawyer said that I do not need to come to court and that he will go and take care of everything.
If they do decided to suspend my license will it be starting immediately or give me a date from when it will start?
Would they have told me in the letter that originally came with the court date or with the amount that I owe saying that I am going to get suspended?

Thanks in advanced!
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Old Jun 16, 2013 | 09:39 PM
  #21  
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I would contact the officer and offer to take a driver safety class. When my wife received a speeding ticket last year it was dismissed as long as she took the driver safety class. It depends a lot on your driving record and the officer. Unfortunately, you usually need to contact the officer immediately after receiving the ticket. In my wife's case we contacted an attorney and the attorney negotiated with the officer. The attorney specialized in traffic citations. It was worth the $300 because it would have affected our insurance.
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Old Jun 16, 2013 | 10:51 PM
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I highly doubt if it will get suspended. I got a ticket like that when I was a young man and they did nothing just a fine.
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Old Jun 17, 2013 | 11:08 AM
  #23  
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appear in court

Originally Posted by Peydidy
Court Date coming up this Friday (june 21st)

I got a lawyer for this case and my lawyer said that I do not need to come to court and that he will go and take care of everything.
If they do decided to suspend my license will it be starting immediately or give me a date from when it will start?

Thanks in advanced!
Anytime you have a court action against you that is important take the time to go to court. Dress up, wear a suit, turn your cell phone off and listen. It will give you a chance to talk in person to your attorney and hear what is said in court first hand. However there is a chance it won't even be heard in court. The Ca court system is overloaded and they really do not need BS items like this in the court. Many judges realize this and so do the cops. CHP has been out of control lately writing tickets for everything imaginable - even getting a little creative. If you only have two points you will not lose your license. Good Luck

Last edited by Paulers; Jun 17, 2013 at 09:50 PM.
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Old Jun 17, 2013 | 09:16 PM
  #24  
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Our traffic courts are busy, but they don't care - the busier the better. The cities and counties use this for revenue with their tax collections down due to the economy. If we dressed up for traffic court here, the "judge" (really a city-employee magistrate) would think you were trying to be a jerk. And bringing an attorney makes it worse. It's a kangaroo court - you go, hoping the officer doesn't appear, otherwise you are found guilty. Then you file an appeal bond and got to "real" court. And those district courts are so overburdened with real crime, they usually throw out the traffic cases after trying once or twice to "settle".
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Old Jun 17, 2013 | 09:58 PM
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So, how did it go?
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