FlatlineEF9

trial by declaration FTW. FIGHT IT

LB63

Here is the CVC pertaining to speed traps, if a speed trap was present then the radar/laser evidence is inadmissible

http://www.dmv.ca.gov/pubs/vctop/vc/tocd17c3a1.htm

MB_Forever

Sorry to hear that MJ....

I agree with others about fighting the ticket. You have a clean record and the judge should take that into consideration.

Karlson

exactly, that is why I have two reckless driving tix on my license..

nlpamg

fight it.

trial by written declaration first, then if that doesn't work, show up to court. you get two bites of the apple that way.

usually local pd won't respond to a trial by written declaration (chp will). different law enforcement agencies have different ways of compensating officers with regard to this. for example, most small local pd's don't pay their officers to respond to the written declaration but CHP is paid to respond. however, if LAPD is anything like BHPD, they get paid to show up to court.

hope that you get your ticket information (the one you get in the mail with your fine) before the holidays (it probably won't) and try to submit the trial by written declaration right before the holidays when the officer will be very busy so that it'll decrease his chances of responding.

jdeastbay

Just got picked off for 48 in 35, idiot me had V1 turned down and wife turned up. Only positive is the city I live in now gives "courtesy" tickets, meaning the speeding ticket is treated as a parking ticket. No points / insurance etc. Just after the money.

Mikesamg

Sorry to hear the bad news MJ, it's tough what advice to give since I wasn't there and know of a few tricks to get out of tickets. First off did you pay attention to when he was writing the ticket if he was writing on the back? If he is he's taking notes to remind himself and plans on fighting you in court if you go just fyi. CHP loves to be aholes I know my cousin is one and thinks it's fun, plus a lot try to argue it and they just get tired of it. I'm not one to pull people over and ticket I'm more for the flagrant disregard for others safety type.

For the radar issue I wouldn't suggest arguing in court with CHP. They can be radar and estimate certified and the more years they have been certified like that you will lose. Yes it's true radars go out in a cone and the further away he is the more likely he's capable of detecting another vehicle in it as well and it can be argued that you witnessed another vehicle speeding past you from on coming lanes. People have won that way and with laser detectors you lose that argument. With CHP if he's estimate certified he can visually detect your speed and the judge will back him up in court.

I'd recommend showing your driving record as being clean for x amount of years and ask for the fine to be reduced to financial hardship (wife lost her job or whatever it's a recession he knows this) and ask for the point to be removed. It sucks because the judge could be tired that day and in the mood to be a *****, good luck though and keep researching and see what is the best way to argue your situation.

Good luck and sorry for the essay haha

harjothundal

I hate to burst your bubble, but you were almost double the speed limit, it's gonna be harder to fight off...

for what it is worth, i went to court earlier this month for a window tint ticket i had received earlier this year... it was the typical scenario, a good group of people all in the courtroom at the same time for various citations... they made us all immediately sign a waiver stating we would contest the ticket in front of all people in the court etc etc... a few people that went before me had speeding tickets in which they pleaded not guilty to... the judge looked at their tickets and stated how fast they were going over the limit and to explain their justification for the excessive speed... nobody just got away with it, but many had reduced fines and those whom were eligible for traffic school were signed up... this was in solano county at the courthouse in fairfield... not sure how they handle stuff like this down south but that was my experience earlier this month...

Phin

...really....gee could you please elaborate on what constitutes a dirtbag and punk kid...



Op,tickets are no fun,but I've never gotten a ticket I didn't deserve....you play you pay...if it's about points on your driving record...go to traffic school like others have mentioned.

jimmysanjuan

I know it was mentioned earlier, but here's the link to Ticket Assassin: http://www.ticketassassin.com/index.html

My son got an airplane ticket on I5 from CHP and fought it with continuances for over 10 months. He finally did lose on a trial by declaration, but the fine for his ticket (98 in a 65 zone) was reduced to around $122. Not a win, but better than expected.

You said this was a laser ticket, I don't think the CHP is using laser yet in CA?

emoving

Well if you need me to explain......well I will just keep my mouth shut.

emoving

You said this was a laser ticket, I don't think the CHP is using laser yet in CA?[/quote]


Your not serious right! CHP one of the most elite law enforcement divisions and you don't think they use a laser! They did not just invent the laser for speed detection this year!

JAY55

I'm in the same boat with you MJ, got clocked 89 on a 65. Extended the court date until end of this month. Pleading not guilty when I go to see the judge and set a trial date, my driving record is polished too. sucks that I have to pay the amount in full but refund is granted if I win : )

VCA_AMG

My last ticket (1st one in years) I paid the fine, requested traffic school, completed the traffic school on-line, and the ticket was erased from my record. No big deal, and no wasted time at the courthouse. But I wasn't going double the speed limit either...DOH.

It's tough to find a cop that WON'T show up in So Cal. They seem to always show up.

myntk12

CHP has been using laser for a little while now.

GT40MkI

Take an option that keeps it off the record...and even if it's a $500 fine, that's like a $50/year tax on driving fast over the past 10 years...not so bad when you break it down.

I blew through a little town last night(triple digit speed), and met a roadblock about 20 minutes later. They detained me for about 30 minutes (felt like hours) but really had nothing on me and let me go. It's a risk we all take. The worst are when (esp in tx) you go through a "town" and the speed drops from 80 to 50, but it's actually 35 and a poorly marked school zone. I was able to take deferred adjudication on that one about 2 years ago- which meant a $180 fine and 180 days of not getting cited - now it never happened.

Good luck!

Full Throttle

I had 3 89's in a 55 this year. Got off on all of them. one was a PBJ the other two cops didn't show i plead not guilty and the judge threw them out.

novae500

Judges do give a break/cut some slack around the holidays. Esp with Thanksgiving/Christmas around the corner. Don't ask me how i know.

Also lso try to be the first wave of people to be in front of the judge. If near the end of the day and he has dealt with suspended drivers/dui, his demeanor will change as the day goes by.

Craigo

You drive a benz, your a professional. If you don't want to be bothered with this. Get yourself a lawyer for this simple incident - that will take care of it the right way the first time around. You probably won't even have to show face in court if you get the right lawyer.

cte430

have to agree with this. When needed I've hired an attorney. I was laughing the other day at some idiot on one of the porsche forums who was *****ing about having to spend a few hundred bucks on a lawyer. You drive a 150K car and you can't spring for a couple of hundred bucks? Plus, not have to spend YOUR time dealilng with this? I don't get it.

anyway, if you want to deal with this on your own - POSTPONE, POSTPONE, POSTPONE. For as long as you possibly can.

The possible benefit to all the revenue generating going on is the cops may be so busy, they may actually show up to court less.

BTW, laser "detectors" are pretty much useless as you've just found out.

Vic55

Damn first ticket in 10 years? You really need to speed more time in that E55 of yours

As mentioned ad naseum: Trial by Dec in Cali- even if you are found guilty, you still get your trial de novo and it cant be the same judge who decisioned your TBD. Just be aware in TBD you have to post the full bail up front and will get it back only if you win via TBD or TDN.

Hit me up on PM, I have two excellent attorneys who can drag out the trial and generally just make the officer tire of all the work that he or she will have to do be fully prepared for trial. They subpoena the crap out the officer's training, equipment, mapbooks, etc. Speed doesn’t matter if they show or not. Speed over posted will affect your bail though big time.

I like to speed, 11 tickets in 3 years and one conviction that has dropped off (3 yrs in cali) so let me know and Ill refer you to them. Have you got your bail amount yet? If not, be ready for the shock, broke as a joke Cali raised all fees on tickets. I have one for 85 in a 65 pending and the fine is 700 for traffic school!!!

California as I mentioned is broke and the judges are getting really tough and are not lenient like they were in the past. On my last ticket, the officer (State) didn’t show up which is an automatic dismissal and the judge was trying to continue the trial to allow the officer to show...WTF!!! My day in court and if the State can’t show up, I win. My attorney had to say some choice words and the judge backed down but the fact that he was even trying to do such a thing was incredible.

Vader13

ME TOO, and a bunch of plate tickets, I finally had to put the plate on. I have Cops looking at me sideways like never before, its like since we r in a recession how can this guy afford this car, he must be a dealer...wtf..

cahiil55k

In the past two months I've gotten a No Front Plate ticket and a No Turn On Red ticket when I clearly turned on yellow. I'm fighting both and will drag out both as long as I can, especially the no front plate ticket since having that one in my wallet allows me to not get another one until it's resolved. Before those two tickets I had not received a citation in 12 years. If I lose either case I have a way to get my money back from these two *****hole cities, but I can not go into details on that part of it.

Mikesamg

Haha I just got a no front plate and tint ticket then driving without lighted lights when I was turning them on as I was moving. He tried to get me for street racing but it wasn't me. Oh and he got me for not having proof of insurance, sad thing is yes he was in his county but he crossed over from San Jose to Morgan Hill to ticket me. I'm going to fight that one and hopefully he's not deputized. I'm curious how are you fighting the front plate if I can ask, pm me! Screw this state they owe me some tax money yet they are still taking mine and wasting it!

cahiil55k

Mike, check your PMs in a minute. Sounds like they got you good in a bad way. Kalifornia bacon will give you that "no front plate" citation all day long in this economy, especially because they know 90% of us MB drivers will not drill holes into our nice front end to mount a plate. Carrying the original citation around prevents you from getting another if you tell the low life loser you already got a ticket recently. I was hassled in SF for no plate but when I showed my existing ticket and said I was contesting it, the pos let me go. This doesn't keep the meter maids from giving you another ticket for the same thing, but hell I just stopped parking in metered places altogether.