my impeceble driving record is screwed
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Originally Posted by specb
in the comments he has written things from which i can read:
Overcast\DRY\(cant make out) can i get this info from the court and how long do i have to wait.
Overcast\DRY\(cant make out) can i get this info from the court and how long do i have to wait.
Basically, if the judge doesn't hate you, then as long as you show you were going a reasonable speed for the conditions, then you're off. Since you're not saying you're not speeding, you just believe it was safe for the conditions at hand.
Time of day and weather report can also impact it a lot too, for example, if the sun was in your face, traffic, etc can all be determined by time.
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Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
I think you guys have the logic wrong, basic rule applies in any case where the officer believes that your speed is imprudent for the conditions, in most cases it is charged when you are actually within the legal posted limit or statutory limit, but faster than they believe is appropriate.
When you get basic rule thrown at you when you are clearly in violation of the posted limit, they are trying to make it a more serious charge, not that it really is, but some judges won't grant traffic school for basic rule violations.
Traffic studies are supposed to be conducted periodically in order to determine the appropriate limit to post, the loophole for them is when one hasn't been conducted for a certain period of time, in which case you are technically challenging the validity of that posted limit.
Basic rule applies regardless of the posted limit, and burden of proof is a matter of your word against his.
Good luck.
When you get basic rule thrown at you when you are clearly in violation of the posted limit, they are trying to make it a more serious charge, not that it really is, but some judges won't grant traffic school for basic rule violations.
Traffic studies are supposed to be conducted periodically in order to determine the appropriate limit to post, the loophole for them is when one hasn't been conducted for a certain period of time, in which case you are technically challenging the validity of that posted limit.
Basic rule applies regardless of the posted limit, and burden of proof is a matter of your word against his.
Good luck.
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From: East Bay / Pomona
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Originally Posted by psoper
I think you guys have the logic wrong, basic rule applies in any case where the officer believes that your speed is imprudent for the conditions, in most cases it is charged when you are actually within the legal posted limit or statutory limit, but faster than they believe is appropriate.
When you get basic rule thrown at you when you are clearly in violation of the posted limit, they are trying to make it a more serious charge, not that it really is, but some judges won't grant traffic school for basic rule violations.
Traffic studies are supposed to be conducted periodically in order to determine the appropriate limit to post, the loophole for them is when one hasn't been conducted for a certain period of time, in which case you are technically challenging the validity of that posted limit.
Basic rule applies regardless of the posted limit, and burden of proof is a matter of your word against his.
Good luck.
When you get basic rule thrown at you when you are clearly in violation of the posted limit, they are trying to make it a more serious charge, not that it really is, but some judges won't grant traffic school for basic rule violations.
Traffic studies are supposed to be conducted periodically in order to determine the appropriate limit to post, the loophole for them is when one hasn't been conducted for a certain period of time, in which case you are technically challenging the validity of that posted limit.
Basic rule applies regardless of the posted limit, and burden of proof is a matter of your word against his.
Good luck.
The one I saw, was a very simple chart saying # cars, # pedestrians, and the resulting safe speed, so it's very straight forward. If it hasn't been conducted in the past (I think 3?) years, then he's off the hook as the speed limit can't be shown as legitamite, however, if it was done in the past time limit, then he can still use it to show that the survey says he was going a safe speed giving the circumstances. Also, if the engineering survey says he was going faster than what's considered safe, it would be a safe bet to just plead guilty to guarantee traffic school.
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Welcome to the club. Of course you're elegible for traffic school. Matter of fact you can do it online. That's what I did. Worked like a charm.
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Originally Posted by jtsherri
It's already in the system, now all you can do is go to court.
Take the advice above and go to court - if you're lucky, the officer won't show; otherwise, plead guilty and hopefully you'll get off with minimal damage.
Also, were you written up for the full 49 in a 35, or did you get it for 5 mph or 10 mph over?
Take the advice above and go to court - if you're lucky, the officer won't show; otherwise, plead guilty and hopefully you'll get off with minimal damage.
Also, were you written up for the full 49 in a 35, or did you get it for 5 mph or 10 mph over?
What you should do, when you get your paperwork, do the written contest option. Write your report, send it in. Most likely, the officer will not bother writing the needed paperwork, or will forget and miss the deadline. Even if the officer does write his part, and you loose, you then have the option for a court date. This court date is not necessarily scheduled for the officer's day off, so theres a good chance he wont show up this time, in which case, you win

this info is available from www.ticketassassin.com
Originally Posted by T-Will
So if I've been driving for 10 years with no tickets or violations does that mean I get 2 free passes? 

MBasile - Good call on the ticketassassin - I cannot believe no one mentioned that. I have gotten all of my most recent speeding violations dismissed with the help of ticketassassin.com.
There are some counties that have weird laws on traffic school. My brother got a ticket down near Monterey and was told you cannot do Traffic School for any ticket over 80MPH down there for example.
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Originally Posted by wombatsauce
There are some counties that have weird laws on traffic school. My brother got a ticket down near Monterey and was told you cannot do Traffic School for any ticket over 80MPH down there for example.
thats good to knowoh, and one of my buddies is getting out of a 40 in a 25 ticket on a technicality. The speed limit sign wasnt high enough from the ground
Last edited by VRT MBasile; Feb 8, 2007 at 08:18 AM.
Thread Starter
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Joined: Apr 2006
Posts: 290
From: sunnyvale
Car Info: 2006 Legacy Spec B
Originally Posted by brucelee
Glad I'll be a cop soon... won't have to worry about that. 

BTW today On farm hill blvd (Same place where i got nailed) same cop pulling over 3 cars. again my V1 did not beep. i was way under limit.
Do you think something is wrong with my V1. Can anyone test it for me?
He's probably using a timed distance calculation. F'n speed trap. If your detector isn't working get it sent out and repaired. I wouldn't place my eggs in that basket.
Thread Starter
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Joined: Apr 2006
Posts: 290
From: sunnyvale
Car Info: 2006 Legacy Spec B
Here's a question. on my ticket it says that i can go to the court on or before 03/13/07 @ 8:30 am. now everyday in the morning Officer is on farm hill blvd tagging people. if i go to the court on the same day he is on duty that means my case gets thrown. Right?
Originally Posted by ipozestu
His first appearance in court will be his last on this infraction. He had already admitted he was speeding. WHen he goes to court he will plead "no contest". Then he should ask the judge politely to take into consideration his driving record and ask for a reduction in fine and traffic school. There will be no trial because he will plead "no contest". He will never see the officer again, unless you get caught speeding again. The officer does not show up for arraignment.
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CaliSuby
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