Ticket Help VC 22350
06-07-2011, 09:18 PM
#17
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go to court and fight it. bring up the abilty of the officer to judge speed simply by eye while also watching traffic conditions so he could turn. also bring up that you would like to have the point taken off your record and if you have a clean record the judge will usually take the point off your record. even if you go to court and do badly the option of going to traffic school is always an option to take the point off your record. my last 2 tickets the judge has significantly lowered the fine as well as taking the point of my record, but im happy as long as i dont have to sit for 8 hours through "comedy" traffic school again
06-07-2011, 11:25 PM
#18
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You're still eligible for traffic school if you fight the ticket, just ask the judge during the trial. The only way they deny you the traffic school option is if you have a prior conviction w/in a year, or you have a truck drivers license.
My experience is that local police are less likely to fight you in court than the CHP. It's been rare for me to beat the CHP, but I have won twice. Once the officer went was injured and never returned to duty and the other time they court clerk didn't seem to know who wrote the ticket and so the officer was never notified of the trial.
My experience is that local police are less likely to fight you in court than the CHP. It's been rare for me to beat the CHP, but I have won twice. Once the officer went was injured and never returned to duty and the other time they court clerk didn't seem to know who wrote the ticket and so the officer was never notified of the trial.
06-08-2011, 02:32 PM
#21
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You're still eligible for traffic school if you fight the ticket, just ask the judge during the trial. The only way they deny you the traffic school option is if you have a prior conviction w/in a year, or you have a truck drivers license.
My experience is that local police are less likely to fight you in court than the CHP. It's been rare for me to beat the CHP, but I have won twice. Once the officer went was injured and never returned to duty and the other time they court clerk didn't seem to know who wrote the ticket and so the officer was never notified of the trial.
My experience is that local police are less likely to fight you in court than the CHP. It's been rare for me to beat the CHP, but I have won twice. Once the officer went was injured and never returned to duty and the other time they court clerk didn't seem to know who wrote the ticket and so the officer was never notified of the trial.
06-08-2011, 04:19 PM
#22
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Thanks for all the advice and help guys... Since I've been told more than once that traffic school is still a viable option even if I should lose in court. I have decided to try and beat it.
Last edited by vik682; 06-08-2011 at 04:22 PM.
06-08-2011, 05:25 PM
#23
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See the wording of the law he was cited for, a specific speed is not needed- it is the judgement call of the officer, I'd guess in your case they tried citing you for a different violation...
Last edited by psoper; 06-08-2011 at 05:29 PM.
06-09-2011, 11:09 AM
#24
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If you choose not to do the written declaration, go to court.
I've had 4/5 tickets dismissed in SF court.
Remember what the cop looks like/name.
Go to the window on the 1st floor and set a date. It will be for almost 3 months out.
Show up, plead not guilty. (They'll offer traffic school, but don't worry they'll offer it again)
Now the officer has to show up at the next court date.
Come to court, all the cops will be sitting down before they let you in.
They'll do a roll call, calling your name & the corresponding officer's name.
9/10 cop won't even show up, ticket will be dismissed.
If they do show up, they'll give you one last opportunity to take traffic school, take it.
Once I exceeded the speed limit by more than 2x so the judge wanted to hear my side and the officer's side before granting traffic school. By this point it was more than 8mos after I got the ticket, and the court lost the cop's paperwork. Cop dropped the speeding charges
Do your best not to plead your case vs the cop. Cop wins 100%. I know because the one ticket that stuck was for something that was physically impossible (brought photo proof) and the judge went with the cop anyways.
I've had 4/5 tickets dismissed in SF court.
Remember what the cop looks like/name.
Go to the window on the 1st floor and set a date. It will be for almost 3 months out.
Show up, plead not guilty. (They'll offer traffic school, but don't worry they'll offer it again)
Now the officer has to show up at the next court date.
Come to court, all the cops will be sitting down before they let you in.
They'll do a roll call, calling your name & the corresponding officer's name.
9/10 cop won't even show up, ticket will be dismissed.
If they do show up, they'll give you one last opportunity to take traffic school, take it.
Once I exceeded the speed limit by more than 2x so the judge wanted to hear my side and the officer's side before granting traffic school. By this point it was more than 8mos after I got the ticket, and the court lost the cop's paperwork. Cop dropped the speeding charges
Do your best not to plead your case vs the cop. Cop wins 100%. I know because the one ticket that stuck was for something that was physically impossible (brought photo proof) and the judge went with the cop anyways.
06-11-2011, 04:04 AM
#25
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CHP or local PD, if you want to try to get out of the ticket try getting a continuance, a lot of times cops can't make traffic court due to scheduling conflicts. Or if you end up going to court ask when the officers patrol car/motorcycle was calibrated. Ask to see the calibration card.
06-11-2011, 06:29 PM
#26
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CHP or local PD, if you want to try to get out of the ticket try getting a continuance, a lot of times cops can't make traffic court due to scheduling conflicts. Or if you end up going to court ask when the officers patrol car/motorcycle was calibrated. Ask to see the calibration card.
06-12-2011, 04:33 PM
#27
i just got a ticket about an hour ago...66 in a 45 out in tassajarra area. the court date the cop gave me is only 2months out, and happens to be the same time im going to be in Europe. is there a way to reschedule? i want to fight it...whats my best bet?
06-12-2011, 04:56 PM
#28
really dont want to make an attempt of no show when they are getting time and half now
06-12-2011, 08:54 PM
#29
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22350 CVC is the section cited when you break any speed law that is an infraction, unless there was an unusual circumstance. Example: Prima Facia, Minimum Speed Law and 55mph for trucks with trailers. There are a few others but bottom line is none of those apply. You have to be able to show some sort of proof of the speed the subject was traveling ie, radar or pacing or some sort of articulation how you knew he was traveling at an un-safe rate of speed.
If the police officer paced behind the subjects vehicle to determine his speed than calibration has everything to do with it. Its not an officers opinion of safe or un-safe its whats reasonable or prudent for the road conditions. The posted speed limit is what has been determined to be safe unless the road conditions changed like weather,visibility, traffic and or surface. It did not appear in his post that any unusual conditions existed only that the police officer thought he was speeding. The officer needs to show how he came to that determination. If the officer simply says, "You looked to be traveling to fast" than that boat won't float in court.
If the police officer paced behind the subjects vehicle to determine his speed than calibration has everything to do with it. Its not an officers opinion of safe or un-safe its whats reasonable or prudent for the road conditions. The posted speed limit is what has been determined to be safe unless the road conditions changed like weather,visibility, traffic and or surface. It did not appear in his post that any unusual conditions existed only that the police officer thought he was speeding. The officer needs to show how he came to that determination. If the officer simply says, "You looked to be traveling to fast" than that boat won't float in court.
