karamba

You can still show up in court and throw yourself at the mercy of the court. Just tell the Judge you are sorry and will not do it again, and can he please let you attend traffic school? Nine times out of ten this works but 97 in a minivan is kinda iffy for pity. BTW King's county is one big speed trap. The CHP takes particular pride in aggressive ticketing there and the local judge supports them 100%.....

ryball

iTrader: (6)

This. When will people learn to slow down through King's City? That is like the #1 speed trap area.

scottj

Given that local judges are hard nosed about this, I would do the trial by written dec. That basically gives the police two chances to drop the ball.

psoper

King City is in Monterey county BTW.

Kings County is to the east of there, Avenal, Hanford, Kettleman City and Corcoran are about all that's there.

But yeah, 101 between King City and San Ardo is notorious for being a speed trap, more than 5 over the limit and chances are that you will be cited.

joltdudeuc

iTrader: (6)

This.

Call them and ask why you cannot take traffic school for a 1st offense. If they refuse to let you take traffic school, you have ZERO to lose by fighting the ticket. Your fine can't go up because of it.

So first thing you do is call them or hit the website. See if you can get an extension, but don't request it until you have 1 week left on the deadline...

Then, when you have a week left or so, mail in your check and stub thingy saying you are pleading NOT GUILTY and requesting a trial by written declaration (usually a letter). They will mail you materials and a due date for your side of the story. I can find some of the ones I've done if you need examples (i've won twice, traffic schooled 3 times. 2 of those within 6 mos as they are separate countys.)

Then you mail in your thing with a week left on the due date with certified mail, or something that needs a proof of delivery/signature.

Then you wait. Can be weeks, can be 4-6 months. If you are found guilty, you can then request a Trial De Novo (sp?) and get a court date where you have to appear in person.

If you are found innocent or cop doesn't give tesitimony, you get a refund and are scott free.

BUT, issue is, how do you possibly fight a ticket when you are going 97 in a 70? You are pleading no guilty, so you have to think this over.

Was it an airplane? Radar? if radar, did you ask to see the gun? (you can sometimes take the radar aquaracy or calibration)... Were you paced by a cruiser and then pulled over? (your word against his)... Or, was the dude just standing there on the side of the road as you went by and then you got pulled over later (which is wrong, since he can't judge your speed like that, and you can claim you were going 70).

We need more from you. CVC, and details about how it all went down.

DUB

iTrader: (2)

lol @ 97 in a 70 in a loaned mini van.

joltdudeuc

iTrader: (6)

Yes, I'm saying I'm 5-0 against the system.

1st ticket - Went to court and pleaded guilty, asked for a fine reduction. Got Traffic School and $200+ fine reduced to $91.

2nd ticket - 55+ in a school zone. Officer was standing on side of road citing someone else, and I stopped across from him. He walked over and cited me. I argued that his attention was upon the other driver and could not establish my cars speed, esp when I was slowing down near him to pick up people across the street. I won, found not guilty.

3rd ticket - Trial by written, posted signs state 55 then 45 then 35, and I only saw the 55. found clause in CVC that said that when conditions of the road improves, as will the speed limit. in this case as the road got better and more open, the speed limit went down. case was thrown out due to lack of prosecution.

4th ticket - 83 in 65. Went to court, pleaded guilty, asked for traffic school and fine reduction. $200+ fine reduced to $98.

5th Ticket - SAME CHP officer for #4, 87 in 65. Different county, repeated above steps with #4... $200+ fine reduced to $96.

No tickets since Nov of 2005.

joltdudeuc

iTrader: (6)

https://www.i-club.com/forums/showth...t=speed+ticket

Here is my thread about my 2nd ticket.

UP2MTNS

if you fight it, be sure to ask for the officer's training records on the radar gun. he's supposed to have 24hrs or something in the past year (or something like that). You have to send the request to the officer, if he doesn't submit it, then that's grounds for dismissal.


if the speed limit was less than 70/65mph you can usually also ask for an engineering survey of the road to see if the posted speed limit is valid...has to be done every 5 years....again, if they don't submit it, ground for dismissal.

trial by declaration is great...I've gotten out of the majority of my tickets this way. Recently got out of a $200 ticket for an illegal right turn in the marina...went to court, and at the arraignment the cop submitted a report that he 'didn't recall the circumstances of the ticket' and it was thrown out.


but I also agree w/: 97 in a loaded van on unfamiliar roads? glad they caught you. now learn something.

DUB

iTrader: (2)

wow. maybe you should drive slower?

jimmy04wrx

iTrader: (4)

97 in a 70 in a mini van?
and your excuse is "loaner car on unfamiliar roads?" seriously? California deserves your money.

StarrRSX

If you can't get it dropped completely try to get it downgraded to a 1 point infraction i believe since your over 25 it is a 2 point infraction which is why you cant do regular 8 hour(online or in person) traffic school, but you can usually request 12 in person traffic school to take off 2 points

akdmx

iTrader: (6)

Joltdude -- I didn't ask to see the radar since I was cruising for a while, and he had mentioned that he seen me going over, but only shot me at 97. It is possible that I was seen from a plane and they called in the cop. I'm 99% sure I didn't pass one on the side of the road. I don't think I can pull the "calibration" complaint because I was pretty high over. My parents were in the car though, so I might try to claim that although I was over, in some way it wasn't reckless, and merely an aberration on my otherwise-spotless record. Basically I just want the opportunity to do traffic school because I've never had any car-related or criminal incidents in the 3.5 years that I have been driving.

Finger shakers -- thank you for your opinions/advice.

mattsn0w

iTrader: (23)

i'm not saying its right or wrong to contest, but I contested an 87 in a 65 on my way to work with an "I'm not guilty. if the court does not find in my favor I request a reduction in fine and or traffic school.".

The case was dismissed and received the $288 back after about 2.5-3 months.

jimmy04wrx

iTrader: (4)

you keep on bringing up the fact your 3-3.5 years of spotless driving is worth praising. that's great and all but it's not something outstanding. Insurance doesn't get cheap until 8-9 years of driving, according to state farm. You could mention it to the judge, but I doubt he's/she's going to ease on the fact you're 19 or 20 with a 97mph in a 70.

and for the parent in the car argument, bring them to the court room. it's a long shot