MJ50

just got speed tix for the first time in a decade....
60 @ 35...
V1 detected laser but it was too late...
i know the fine will be outrageous...
any suggestions on how to fight this or reduce fine??? will they allow traffic school?

LitiGATOR

I usually fight my own tickets. In Florida, if you have a pretty good driving record, and it looks like you do, you can go to the pre-trial conference and request a "withhold adjudication" and the magistrate/judge will usually let you go with no points, and perhaps court costs.

myntk12

Trial by declaration. Worked the last two times for me.

Full Throttle

Most local governments have ramped up ticketing to boost revenue. Just go to court it will 100% get thrown out and the offer wont show. I got 3 89's in a 55 this year. like you the first in 10 years. I have always owned very fast cars the cops are just out in force right now.

BenzoBoi

Sorry to hear buddy! You can go to traffic school if you haven't gone to one in the past 18 months.

MJ50

how???

MJ50

i remember my buddy was eligible for traffic school but cuz he was like 25mph over the limit, he wasn't allowed to...

and i'm more concerned about ridiculous fine...

Full Throttle

Trust me i have done this 3 times since last January.

bobgodd

Wrong. It's almost double the speed limit. Guarantee the officer will show.

emoving

Just checked with my brother who is CHP, he said plea non guilty and see if the officer shows up. That's the first step, and if he does not you automatically get it thrown out. Step two, if he does show up, plead with the prosc. to get it reduced to a non-moving violation. Most courts especially in Cali. will do this because they just need the money and a guy like you with a clean record, they are not worried so much about assessing points.

Full Throttle

Exactly

emoving

There are alot of reasons he may not show up: other court cases, vaccation, working OT, got held over at a scene, forgets to show, training, ect. The speed does not really dictate if he shows or not.

MJ50

thx for the input guys...
i heard they recently changed policy and even if the cop doesn't show up, u no longer get dismissed... is that true??

Full Throttle

I cant imagine how that can be true but in California anything is possible

MJ50

california es pobre...

emoving

Ok, so lets say they wont drop it, say you want a trial you are here and ready to proceed,,,,,,,opps,,,let the stae call its first witness. Oh forgot, they don't have one. LOL But seriously, he said as long as you were polite and it wasnt agregous and your record is good, they will usually help out a professional as opposed to some dirtbag or punk kid!

JonMBZ

I cant see how that would be legal to charge you if there is no witness (no show)... I got let off on a ticket last night I was going 60 in a 35 as well. The cop said I had an awesome car lol dude was cool as hell didn't even go back to his car after I gave him my paperwork. Local cops always seem to let me off, but CHP's are ruthless. They will definitely reduce it if you go to court and probably take the point off as well. Good luck

Luke_M

I'm sure it depends on what state your in but when I got a ticket no cops showed up at all, just a big *** sweaty room full of people, one judge and a clerk. A few people were more then double the speed limit. They just knocked us all down to show that we were only 5mph over and we paid a fine around $100-$150.

If you didn't have any citations in the last 5 years you could get it off your record if you had no infractions in the next 6 months. CA might have a similar deal.

Point is, there is no set rule. It depends on your state, county and maybe even how they decide to handle it that particular day. I've always heard you got reckless if you were double the speed limit, everyone was SO sure of that fact, and my one visit to court showed that wasn't necessarily true at all.

Ask people from your area. Hopefully you'll be able to get off seeing as how you haven't caused any problems in the last 10 years.

baldmike73

i thouhgt if you get popped with Laser and try and fight it you really don't have a chance if the cop shows up. You can always try ticket assassin too.

novae500

well here in VA, most of the LEOs have days off for court duty. Not sure how CA is.Best thing is try and take a defensive driving class before your court date. Then let the judge when you show up. Should be some leniency and dropped down to a lesser charge. I've even seen Fairfax County judge try people even when the cop was a no show....

MJ50

i feel i'm not alone now...
thx jon...

bbearden

MJ,
My wife got a ticket 3 months ago for 18 mph over the limit and she got it dismissed because the officer could not recall the incident (he showed up in court). One trick that has worked for us in numerous ocassions is to reschedule with the court clerk for a later court date. Defer the date 2 months or more and you stand a better chance of the officer not showing or the him/her not recollecting the citation. You usually find out in court if you can take traffic school. Best of luck bro!

LB63

Check the speed trap laws, I believe it said something like a speed survey must be done in the last year or so in order for the cop to use radar/laser on a particular street. Moreover, if a speed survey was done the speed limit should be set to something like the 70th percentile of the average speed on that street unless there are attenuating circumstances that require it to be lower.

So let's say the speed limit is 35 mph but the speed survey says the 70th percentile speed is 45 mph then they should reduce your speed over the limit by 10 mph.

Also, with radar the cop must be certified and retrained within a certain amount of time and the cop must show the radar is properly calibrated with a tuning fork (or some other device) so records of that must be provided to prove the radar was functioning correctly.

I'm just doing this from memory, it's been years since I've fought a radar ticket but I'm sure the laws are just about the same as I remember.

06E55

Do they allow prayer for judgment continued (PJCs) in CA? If so, just go to court and when your trial starts ask for a PJC and inform the judge/magistrate that you have had a clean driving record for over 10 years. You can also ask for a reduction in the violation (e.g. 9mph over the limit or even better a non-moving violation...). Traffic courts aren't that intimidating if you know what you are doing...

I used a PJC a little over two years ago and then this past April I got dinged for 83 in a 55 when I was passing someone (the funny thing is I had my cruise control set for 62 and had been going 62mph for 22 of my 26 mile journey, but I just had to pass this guy :-)... First thing I did was had the case continued on my original court date. Then on the next court date I presented that I hadn't had a traffic violation in over two years (which was now true, but not true on my original court date) and that the violation that I did have was for only 5mph over (even though the original citation was for 83 in a 65 I got a PJC and a reduction in the citation... And what is it about me that likes to drive 83??) and that I am a professional who lives in the community, went to school in the community, and volunteers in the community, etc. and asked for a reduction in the sentence and got a 64 in 55 with no points...

I am not sure about CA but in NC, if the officer doesn't show, the case IS dismissed. Whatever, you do, don't believe those websites that tell you that you can beat the ticket by asking for the proof of the calibration of the lasar/radar device... At least in NC, when the officer starts his shift, the vehicle the lasar/radar device is calibrated and the computer prints out a calibration report (at least this is what I was told)... This will just aggravate the judge and usually the judge will continue the case for a later date and allow the officer to obtain the documentation. Just remain calm and don't offer any bogus excuses. They have heard them all!! Remember, traffic tickets are more or less a revenue scheme for the community. They charge more for the court fees and other fees (EMS, data entry, 911, etc.) than the fine themselves and this is the money they want to collect... The real money for you in the long-term is insurance fees...

Also, if you feel like you need to, hire a traffic lawyer... In general, don't hire one that sends you advertisements the day after you get the ticket. Do some research in your area and fine a lawyer with a proven record... They aren't that expensive and they know the DAs in your community and get it reduced without you even having to appear in court...

dgreen1069

That's a new one on me. In VA, there is no such requirement. For that matter, Lidar and Radar results are prima facia evidence of speed as long as the accuracy of the unit was tested properly before and after the officer's tour of duty. As far as getting off because the officer doesn't show.....I guess that is a crap shoot. Most jurisdictions in VA don't automatically throw out tickets if the officer can't make it. If the officer is sick and calls in ahead of time, citizens generally have the option to plead guilty or return on the officer's next court date. If the officer is just a no-show, the tickets are generally dismissed. In Northern VA, no-show officers aren't that common. Officers get in trouble for not showing up for court.....in the worst case scenario, a judge could issue a show cause order against an officer for not showing.