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Old 01-09-2002, 11:24 PM   #1
project_cdubb
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Default Need some advice....

Hello,
Okay, heres the situation(BTW I drive a WR blue WRX). I got pulled over and was given a speeding ticket. The problem is..... I wasn't speeding. On Santa Teresa Rd. near Bernal, the speed limit is 45 mph, and I knew that because I travel this road frequently. I was going about 42 mph until I got to the Avenida Espania intersection where a cop walked out to the middle of the road and waved me to pull over...... so I pull over. He comes up to my car and asks for the usual(license & registration) and I ask him what, if anything, I did wrong. He says I was speeding and says he clocked me going 64 mph in a 45 zone. I told him I never passed 45 mph, and he says, "Yes you did, go get your speedometer fixed" and proceeds to write up the ticket.

Well the advice I need is to anyone that has fought a ticket in court. I'm afraid the judge will not believe me, even though, I swear to God, I'm telling the truth. I do have a witness because my friend was with me when this happend. I never left 2nd gear when I was approaching Avenida Espania, and I looked in the WRX manual and it says top speed in 2nd gear is 61 mph(and thats at redline, which I wasn't even close to). I just wanted some advice is to how I should approach this, because I am definitely going to fight it. I cannot afford to have another point on my record, and I completed traffic school awhile back, so thats out of the question. This is my first time going to non-juvi court. Please help.... I feel like ish right now.......
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Old 01-09-2002, 11:55 PM   #2
joltdudeuc
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Did you ask to see the radar gun?

umm, damn dude, this one is tough...

**** I HATE BAD COPS!



I dunno man... I dunno....

-Gagan
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Old 01-10-2002, 12:08 AM   #3
KillerTHC
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i dunno what to say but... take it like a man
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Old 01-10-2002, 12:51 AM   #4
bomberbboy
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I looked up a lot of information on how to fight tickets when I got my fix-it tickets back in October. I sure learned a lot from fighting the ticket. A speeding ticket obviously is different, but the same procedures apply.

You can contest the citation in writing, without having to go to the court in person by "trial by declaration". All you have to do is fill out the required information on the "trial by written declaration" form, and write a detailed summary on what happened. Be as detailed as possible! After the summary, explain to the court why you're not guilty. Along with the summary, you can attach any evidence that will support your case. (In your case, a copy of the WRX manual with 2nd gear top speed highlighted should definatly be included. Were they any cars around you when you were clocked? that can throw off the radar gun reading. etc. etc.) Be sure to list them out and explain why they help your case at the end of the summary. You should also include the "notice to appear" citation (or a copy) and the notice you'll recieve in the mail with the "trial by declaration" form. You'll have to pay the fine listed on the ticket as a deposit in order for your case to be considered. It'll be refunded to you if you win the case.

After the court recieves the form, they will notify the officer. He'll be given a certain amount of time to give his side of the story through a written report. The judge will rule on the case after he receives the cop's report. You'll obviously win the case if the cop never bothers to send in his paperwork The court will notify you of their decision by mail.

If you're dissatisfied with the ruling, you can ask for a new trial in person (Trial de novo) within 20 days after the date of the court's ruling. Of course, that'll be dragged on for another month or so at least and chances are, the cop won't remember you very well by then

Sorry about the long post, but I hope this helps! Go to California Court's website and read form TR-200, TR-205, and TR-215. They have more detailed instructions on what to do.
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Old 01-10-2002, 01:07 AM   #5
KillerTHC
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or... don't go fast!
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Old 01-10-2002, 01:21 AM   #6
bomberbboy
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or... don't leave your hood open for the cops to see whats under the hood!!
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Old 01-10-2002, 01:25 AM   #7
KillerTHC
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or... you can go to livermore next time you see a cop
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Old 01-10-2002, 01:41 AM   #8
invisibleman
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killerthc hey man what's your beef with project_cdubb why do you have to be such an @$$hole.
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Old 01-10-2002, 01:54 AM   #9
KillerTHC
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hahah... me and bomber are OT in our reminiscing of our oh-so fun encounter with SJ's finest... so pay no attention to me
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Old 01-10-2002, 01:56 AM   #10
project_cdubb
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Thanks bomberboy, I appreciate all the info. I just went down to Barnes & Noble and picked up "How to fight a ticket...and win!!.... in California" and that thing is very, very, very detailed. Hopefully I can do enough research to win the judge over. KillerTHC... I wasn't speeding!!....... oy I'll save it for the judge.

Also bomberboy, how has your success been with dealing with this stuff?

Last edited by project_cdubb; 01-10-2002 at 02:03 AM.
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Old 01-10-2002, 12:15 PM   #11
HongKongBeef
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i think from now on you should speed on that road.. cause they gonna give you a ticket no matter what.. even IF you are going the speed limit! Might as well get the most out of your ticket fee!
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Old 01-10-2002, 01:51 PM   #12
KillerTHC
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Quote:
Originally posted by project_cdubb
Also bomberboy, how has your success been with dealing with this stuff?
i don't think he's ever gotten a speeding ticket. his family sedan takes a bit of time to get over the speed limit. so slooooooooooooooooow
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Old 01-10-2002, 03:10 PM   #13
ryball
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Here's my advice. Show up and contest. DO NOT do a written declaration. Cops take classes on how to do written declarations. I got busted in Sacramento and when I showed up, most of the city cops didn't show and the violators were excused, no fine. ALL of the CHP guys showed up.

If you show up, the fine will be cut in half at least.

my $.02
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Old 01-10-2002, 06:23 PM   #14
bomberbboy
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Quote:
Also bomberboy, how has your success been with dealing with this stuff?
The court clerk called me and said it was a sign-off ticket, and I didn't have to do all that work I had two violations on a ticket, and I thought only the plate was a sign-off. I wasted all that time writing about why my K&N filter is legal. Oh well. I went down to their office, paid my $10 and got my $145 check back
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Old 01-10-2002, 09:11 PM   #15
project_cdubb
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Quote:
Originally posted by ryball
Here's my advice. Show up and contest. DO NOT do a written declaration. Cops take classes on how to do written declarations. I got busted in Sacramento and when I showed up, most of the city cops didn't show and the violators were excused, no fine. ALL of the CHP guys showed up.

If you show up, the fine will be cut in half at least.

my $.02
So I shouldn't do a written declaration? I'm so confused right now. I don't feel I should be punished for not doing anything wrong. I need to prove my innocence!!! I think I can write a very good declaration with diagrams, photos, witness, etc. If I get another point on my record.... I'm screwed I tell ya..... screwed!!!
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Old 01-10-2002, 09:27 PM   #16
iBlueVirus
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since you got the book, I am sure it tells you these too! Get a copy of the ticket. I know you have one, but they write more in the back of the ticket. Write up a Informal Discovery Request, to request for the calibration log of the radar gun (ID should be on your ticket), engineering report of that road. There might be something else I don't remember.

If the radar gun has not been calibrated for more than 2 weeks, case dismissed! if the road has not been evaluated for more than 10 (15?) years, case dismissed. Good luck!
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Old 01-10-2002, 09:34 PM   #17
KillerTHC
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Quote:
Originally posted by iBlueVirus
If the radar gun has not been calibrated for more than 2 weeks, case dismissed! if the road has not been evaluated for more than 10 (15?) years, case dismissed. Good luck!
these are good points and and i would think doing a written would be better because you can do a real trial if you don't like that ruling. good luck man!
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Old 01-10-2002, 09:51 PM   #18
aussiebrydon
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Quote:
Originally posted by iBlueVirus
since you got the book, I am sure it tells you these too! Get a copy of the ticket. I know you have one, but they write more in the back of the ticket. Write up a Informal Discovery Request, to request for the calibration log of the radar gun (ID should be on your ticket), engineering report of that road. There might be something else I don't remember.

If the radar gun has not been calibrated for more than 2 weeks, case dismissed! if the road has not been evaluated for more than 10 (15?) years, case dismissed. Good luck!
An ex-cop at my "Advance Drive Training for Serious Offenders" (got two speeding tickets 17mo's apart) told me that speed surveys are valid for 3 years only. Also, I would see if you can get your speedo calibrated somewhere cheap. if you show up with your owners manual, a speedo calibration, that shows you are determined to prove your innocence and that you are a serious, level-headed guy. Both of the judges that I have gone before are just trying to uphold the law in a fair and reasonable manner, they're NOT looking to nit-pick and get every penny they can from you - that's what the cops do. The last judge I went before actually dismissed some "rolling-through-a-stop-sign" citations because they were at 3am, the people presented themselves well, said they really did stop, and the ticketing officer was one with a record of petty citations. Here's the deal though dude, there are subtle differences in the way that different county's do things - a book can only help you so much. Call the court, and ask for a quick explenation of how the arraingment process works. Can you plead no-contest and then go to traffic school w/ a reduced fine? That's what I did, cost me $115 including court costs and traffic school, and I dont' get a point on my license. The judge could have made me pay everything - would have been ove $220, but I made my case and he was cool w/ that
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