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Old 12-11-2018, 09:24 PM   #1
Dadsquatch
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Join Date: Nov 2016
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Location: Shingletown Ca
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Default 90 in a 55 CHP speeding ticket.. today..

Man... I was pulling away from a Kia SUV.
My radar detector was on the floor under the passenger seat. He got me at 90. He said that he could do all kinds of things to me but he didn't. I told him my situation and was honest..

I got away with a non-correctable infraction 60+ in a 55. 22349 (b) vc
All the way at the bottom of the infraction list he wrote "locked at 90"
He said that as long as I didn't fight it, the infraction would be far less. But if I fight it the judge would up it to reckless driving and probably turn to a misdemeanor. And that's just not where I want to be. So I'm thinking it's going to be $490 and 1 point? No tickets in 5+ years. Class b, but was in the fozzy. Can anyone verify this? Some wired online sites say that Cali has a tier system. There's not much this online. It's almost a seceret.
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Old 12-11-2018, 10:16 PM   #2
whitrzac
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Dum de dum dum dum!


KY is in the pharmacy section if you didn't know.
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Old 12-11-2018, 10:45 PM   #3
fullah
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Sounds like either way you're screwed because it still shows locked at 90. Realistically I don't see a good outcome unless you hire a lawyer and they try to reduce the charge to some thing less severe.

If you're sure it's one point I would just pay it and not risk it. I know someone who once got a 96 in a 65. Lasered by a state trooper in Nj. Luckily the local courts wanted the money and were willing to reduce it to a 76 in a 65 in exchange for a guilty plea before he went before the judge and a $240 fine with two points in nj.
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Old 12-11-2018, 10:51 PM   #4
jk988
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Quote:
Originally Posted by Dadsquatch View Post
Man... I was pulling away from a Kia SUV.
My radar detector was on the floor under the passenger seat. He got me at 90. He said that he could do all kinds of things to me but he didn't. I told him my situation and was honest..

I got away with a non-correctable infraction 60+ in a 55. 22349 (b) vc
All the way at the bottom of the infraction list he wrote "locked at 90"
He said that as long as I didn't fight it, the infraction would be far less. But if I fight it the judge would up it to reckless driving and probably turn to a misdemeanor. And that's just not where I want to be. So I'm thinking it's going to be $490 and 1 point? No tickets in 5+ years. Class b, but was in the fozzy. Can anyone verify this? Some wired online sites say that Cali has a tier system. There's not much this online. It's almost a seceret.
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Old 12-12-2018, 11:40 AM   #5
SirBrass
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Quote:
Originally Posted by fullah View Post
Sounds like either way you're screwed because it still shows locked at 90. Realistically I don't see a good outcome unless you hire a lawyer and they try to reduce the charge to some thing less severe.

If you're sure it's one point I would just pay it and not risk it. I know someone who once got a 96 in a 65. Lasered by a state trooper in Nj. Luckily the local courts wanted the money and were willing to reduce it to a 76 in a 65 in exchange for a guilty plea before he went before the judge and a $240 fine with two points in nj.
Which just shows that it's about revenue, not safety.

I got tagged for 75 in a 45 in NY state (it had just switched from a 55, and I was passing someone in the clear with no other traffic), and the offer from the DA was to pay the full fine ($400) and take an online defensive course and they'll drop it entirely. No ticket on record no points, but they still get to pocket the revenue.

And the hell of it is that I had to pay $300 for a lawyer to negotiate that. I doubt I could have done that on my own, especially since I would have had to take valuable unpaid time off of work to negotiate it on my own.

So, effectively I lost $725 ($25 for the online course) just so NYS could pocket a little bit of extra revenue from me.

Last edited by SirBrass; 12-12-2018 at 11:59 AM.
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Old 12-12-2018, 04:05 PM   #6
vapore0n
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$725 is still better than having your insurance go up by a lot for the next few years.

Next time I get a ticket Ill pay a lawyer to take care of it.
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Old 12-12-2018, 05:40 PM   #7
SirBrass
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Quote:
Originally Posted by vapore0n View Post
$725 is still better than having your insurance go up by a lot for the next few years.

Next time I get a ticket Ill pay a lawyer to take care of it.
This is true. Still, max fine would've been $300, though on top of that would've been a $92 court services fee, and b/c the conviction would've been an automatic 6 points, I would've been required to pay the NY DMV (despite me being an out of state driver) $100 per year for the next 3 years a "Driver reassessment fee".

So, I basically paid the same as I would've if convicted but avoid the ticket on my record and points on my license. NYS still got what it wanted out of the deal: my money. Which is all they wanted in the first place seeing how eager they were to drop the whole matter if I just paid up.

Yes, in that kind of situation a traffic lawyer is a good thing.

Thing is, when I got my only other speeding ticket in my life, it was in CA, and I didn't need to hire an attorney at all. I just paid $145 (or something close to that), which was only $20 more than the ticket (clocked doing 88 in a 65 near Bishop. We were heading up to Tahoe and trying to make good time) to take a Driver Improvement course online that would dismiss the ticket entirely. That entire fee was paid to the folks who administered the online course.

So, in this regard, CHP and CA was way more reasonable than NYS.

Incidentally, AZ has a similar system to CA in this regard. My first and only other ticket (total of 3 now, 2 speeding and this first one) was failure to yield during a left turn. Low speed collision that occurred in Fall of 07. But to avoid the ticket on my record I actually had to go to an actual classroom 8 hour course.

Makes sense to me: if you very infrequently get cited for traffic infractions, a driver improvement course instead of the infraction going on the record just makes sense.

Apparently it just doesn't to NYS. Although I've heard VA cops have a bigger stick up their butt than local cops in NY. I grew up in VA, but as someone of driving age, I have put very little time in behind the wheel in VA.
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Old 12-12-2018, 05:47 PM   #8
anarekist
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i'd fight it
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Old 12-12-2018, 11:42 PM   #9
Tu Mama
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In CA itís enough to get your license suspended. Not saying thatís whatís going to happen but itís possible. Sounds like he wrote it up in a way that allows you to avoid suspension and attend traffic school(which will not affect your driving record). Iirc, they just changed it back to be eligible even with a commercial license.

Either way, good luck to you!
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