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Old 08-21-2003, 09:43 AM   #1
danhtao
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Question Got a ticket question (no i'm not whining)

I got a ticket last week for going 52 in a 35 zone....and I really was.
I'm kinda proud of the fact that it took the cop 4 tries w/ the radar gun to pin me down, but i really am going to buy a v1 within the next few months.
I was wondering how much it'll cost. anybody could give me any figures?
being a poor college sophmore, i just spent a good 300 or so on books, but if i could pay the ticket i will...
but if its too much.....hey, i'm a poor college sophmore, i'll sign up for the community service and just put in some hours

just curious
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Old 08-21-2003, 01:09 PM   #2
Soya
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I'm betting this ticket is beatable. What statute did he write you up under? If it was 22350 you're (at least) half way home.
Check out helpigotaticket.com
My general approach is the following, 1) take traffic school if you're eligible 2) fight like hell if you aren't.
I've had people give me ish for fighting tickets, but if you actually read the laws passed by the legislature and as interpreted by CA courts it's not as simple as getting radared over the speed limit = you're guilty.
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Old 08-21-2003, 01:15 PM   #3
danhtao
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well...actually, yeah, its 22350....
i'll go ahead and do some more research...
thanks for the link,
i took traffic school for a californian stop on the day after new year's so i can't do that.....if not, i'd just sign up for an internet traffic school
anybody else got any help?
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Old 08-21-2003, 01:46 PM   #4
sonicsuby
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If you can go to court and plead guilty they'll probably knock down the fine. I got stopped a few years ago for 50 in a 35 and it was like $80 - $120 - but I had to show up to court (<18) and the judge dropped the fine to the min
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Old 08-21-2003, 01:55 PM   #5
Jimbo
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Quote:
i took traffic school for a californian stop on the day after new year's so i can't do that.....if not, i'd just sign up for an internet traffic school
The date you actually attended school is meaningless. Look at the date of the actual violation - that is what matters.

I had attended traffic school within the last year, but the previous violation was just over two years prior, so I got to attend again. FYI - I am a total slacker and filed for every extension possible before attending school

Jimbo
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Old 08-21-2003, 02:27 PM   #6
danhtao
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the date i got the ticket is 1-2-03
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Old 08-22-2003, 08:01 PM   #7
mikkyo
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Either contest by mail, or go in intending to plead Not Guilty and request a court date.
The judge doesn't want to waste money and people's time, and so when the judge asks for your plea and you say "I'm thinking of pleading Not Guilty and requesting a court date since I'm not eligible for traffic school, your honor."
He might say, "How about No Contest, and I drop the fine to $50 and allow traffic school?". Then you say, "Ok".
Or he may say, though he shouldn't ask you any details about the case since you are there to enter a plea, "Why would you plead not guilty if you were speeding?", to which you say, "I don't believe I was speeding and the officer acknowledged he was having trouble with his radar. He said something about it taking 4 tries to get a reading at all."
Then the judge might say, "If were to enter a plea of No Contest, I'll drop the fine and let you take traffic school."
To which you say, "Ok".
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Old 08-23-2003, 05:20 AM   #8
spike
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Default Can I whine then?

First off, I will admit my fault in not calling sooner, just to get that straight. I got a ticket on the way into Napa on a Sunday morning at 8:15am for going 72 in a 60. The officer's cutoff was 65. There was no one around me, and I was a bit tired, so I was vegging. He gave me the three options, so I assumed the notice I would eventually receive would tell me what to do. This was my first ticket. I paid the fine, because that is what the notice said to do, and did nothing further, because that too is what the notice said. No where did it mention anything about my options besides paying the fine. So I called today and the lady I was speaking with told me that I was not elligible for traffic school because I paid the fine. Something about forfeiting my bail, and that my case was now closed. I know I should have called sooner, but this really blows. So now I have a point on my record for 18 months, and my insurance is going to go up? She told me they won't open closed files. Am I just screwed, or is there anything else I can do?
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Old 08-23-2003, 09:09 AM   #9
danhtao
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if you paid....then that's that,

for the city of stockton, we have a few listed options on the back of the ticket,

1) show up and pay the bail, receive point
2) show up, pay the bail, request traffic school if available
3) correct violation if correctable
4) request a court trail WITH a check for the bail amount
5) trial by written declaration, WITH bail

sidenote: the url on the ticket is out of date and doesn't work -.-

out of everything, even though its a 22350, the only way that i can justify going 20 miles over the posted limit is that the street was deserted on that stretch, and i wanted to sprint through a green light that just turned green.......
i highly doubt that that testimony gonna work though...><
any suggestions?

oh, and it was on Swain Ave. in stockton, the eastern part of it where they opened the road from being a deadend residental to a cross town 1-2 lane main drag now...but still residental
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Old 08-23-2003, 02:30 PM   #10
mikkyo
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Default Re: Can I whine then?

Quote:
Originally posted by spike
So now I have a point on my record for 18 months, and my insurance is going to go up? She told me they won't open closed files. Am I just screwed, or is there anything else I can do?
spike
You don't need to do anything.
Case is closed.
One point on your record is allowed, insurance won't go up.
2 points it will(safe drivers are allowed 1 point a year).

The only reason people say to take traffic school on the first offense any time, is due to only being able to take it once in 18 months.
If you take it on your first offense and get a second ticket in 6 months, you can pay the second one, live with the point and drive like grandma for the next 12 months while you wait to able to take traffic school on a future ticket.
If you get the traffic school out of the way, you have less to worry about if you get another ticket(You can pay and take the point) and as time goes on you are more likely to be able to take it for another ticket(time or judge's kindness).

If you pay first, like you did, you can take traffic school the next time you get a ticket, but you have to wait longer driving like grandma and being careful since it is 18 months to get the point off your record, and 18 for the next traffic school, which could be 2 years of grandma driving.

This all does not take into account that the judge can offer you traffic school even if you have taken it recently.
The other key thing is that you never know when you will get a ticket or another ticket.

So really, the order you do things in doesn't matter.
Never go over a point and you are fine.
Be careful when you have a point and you should be fine.
If you drive like a crazy person, it is probably better to take traffic school the first ticket around since it will be hard for you to restrain your driving habits for longer that 18 months, should you get another ticket.
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Old 08-23-2003, 02:35 PM   #11
danhtao
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there we go...so if i got a single pont now due to my latest violation,
insurance doesn't go up, the point disappears in 3 years,
and i just pay for bail.....
especially since i have a clean record due to traffic school on the last moving violation

i am most definitely gonna get a v1 or a sr7 within the next few months.


does that insurance thingy also generally applies to under 25 male drivers?
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Old 08-23-2003, 03:44 PM   #12
mikkyo
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Quote:
Originally posted by danhtao
out of everything, even though its a 22350, the only way that i can justify going 20 miles over the posted limit
is that the street was deserted on that stretch, and i wanted to sprint through a green light that just turned green.......
i highly doubt that that testimony gonna work though...><
any suggestions?
Yeah, don't say that.

You have to pay either way, you might get it reduced if you go in, but statistics show better odds at winning if trial by mail.

Code:
Basic Speed Law
22350 No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent 
having due regard for weather, visibility, the traffic on, and the surface and width of, the highway,
and in no event at a speed which endangers the safety of persons or property.
Was it day or night time?
You don't mention where the cop was/came from.

If you are going to contest you say or write something like this.

If it was daytime:
You were driving within your abilities, at a speed that was reasonable and prudent given the conditions were, daytime(time of day), clear visibility, 4 lane road, no vehicles in sight for a mile in either direction, and there was no danger to anyone since no one was present.

If night add something like it was clear, full moon, with no fog, ample street lighting, you were wide awake and alert, etc.

Cite all the *real* reasons there were good conditions using the text of the law as an example.

Add a part bringing into question the reliability of the radar unit, as an admission in the officer's own words , note that he didn't show you the speed on the radar gun(even though you should have asked to see it), request the calibration records, etc.

You will also want to request disclosure of the officers notes, if he took any.

Hope that helps some.

edit: The basic Speed law is the easiest to beat and best thing to be written up under. You should probably try and beat it, good practice either way.

I'm don't believe there are any different rules for under 25 drivers, except under 18 and DUI, you can ask your insurance company(you don't have to tell them you got a ticket, just ask to clarify).
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Old 09-02-2003, 11:01 AM   #13
ShaneW
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About that thing about going to traffic school every 18 months. Ummm, it's not really monitored. So, check off the box to take traffic school again. I have had a couple of friends do this...

ShaneW
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Old 09-02-2003, 11:14 AM   #14
danhtao
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Post for an update

well...the citation date to go to court is 9-4,
today's 9-2, and i just clale dthe courthouse, they STILL haven't processed my citation...
at this rate, there won't even be enough time for them to mail me the appearence letter to me,
maybe i'll get lost in the process somehow

for the trial by declaration
how would i go about requesting the officer's notes?
i'm thinking of writing up something based one mikkyo's example

it was during the late afternoon, still full sun, i was driving within my ability, at a speed reasonable to the circumstances, i had a clear 4 lane road for 5 blocks length, nobody present on either side of the street. I had ample time to slow down, and room to move if anything were to appear. i plead not guilty in violiating 22350. the officer who cited me came up from behind and took 4 different shots on the radar gun. <more notes once i get them>
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Old 09-02-2003, 05:26 PM   #15
mikkyo
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Looks like you have to go in then.
You need to show up on your court date if they haven't sent you a notice.
Which means you probably can't contest by mail.
You might be able to request the trial by written declaration at the ticket window, and then not need to see the judge.

So, if you need to, see the judge, tell him you want to plead not guilty, and see if he wants to deal with you.
If he gives you an offer you find worthwhile, traffic school, reduced fine, etc, take it, otherwise plead not guilty and plan to go in again.
Don't say you were speeding at all, since you weren't (under the General speed law).
I am not guilty of violating 22350, the statute I was cited for.

Sometimes they ask too much of you during the prehearing.
Remember the judge can't do a thing to you unless you insult or ignore him, it is up to the courts at a later date so don't be bothered if his is huffy or pissy(sometimes happens).
Say your honor, and thank you, even if he is a jerk.

You can ask him what you need to do to request discovery of the officers notes, the calibration records on the radar gun, etc.
Some courts have it all set up, you can fill out a paper filling right there and hand it in.
You might have to type up your own, you might be able to just tell the judge and he will enter it into the record your request, you should still follow up with paper as a backup.
Generally, the staff are pretty helpful, so you can ask the clerk about things, before or after.
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Old 09-02-2003, 11:14 PM   #16
Chrisnonstop
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Default traffic school

You can take traffic school more than once in 18 months. Just go to the judge and request it. If he's cool he/she will allow it. My buddy just did that.
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Old 09-05-2003, 04:47 PM   #17
mikkyo
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So did you show up at court?
What that status update now?
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Old 09-06-2003, 01:28 AM   #18
danhtao
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i just got the courtesy notice in on wednesday,
the scheduled court appearence is on the 16th, two mondays from now,
to add another insult, i got a parkign citation from my college campus for parking outside of the designated parking space ><
ugh
there goes another 19 bucks....so sue me if i park next to a huge freakin ford 350 that parked sloppy it was the last parking spot there was in that lot -.-

oh well, i really don't think its worth the effort to try to fight the ticket...given teh circumstances, and the fact that i know the traffic judge (now i do, friend of friend connection) and the fact that most of my defense is just bs, i'm just going to pay the 120. as soon as my 3 day late paycheck comes in, i'll deposit and send out the check.

1 point doesn't do anything on the record right?
then i'm cool with driving slower...i gotta anyways, i'm going through my tires faster than i thought
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