delay it and then do a written declaration. most likely he will not write back and then you automatically win. If he does write and they still find you guilty you can still go to court and fight it again in person. By the time this happens the cop will probably forget about it or forget to bring important papers or radar calibration logs. It definately increases your chances of winning.

 

So if I call the court near the court date and ask for a 30 day extension because I'm a full time student and full time employee and I can't get off I can put some time between the cop and I. What would go into this declaration and where would I have to send it? The court date isn't for like a month or so probably.

Kevin

 

you will need to send in a request for a written declaration. the address and instructions should be on the paper they send you in the mail notifying you of your fine. i reccomend doing it just a few days before the court date. They ask you to send the bail amount along with the request and a self addressed envelope with 79 cent postage (iirc). I sent it without the bail $ to delay it even more and then about 3 weeks later i received a letter saying that i needed to send the bail $. A few weeks after i sent the bail money i received the papers and filled them out and gave my side of the story along with pictures, diagrams, etc. a month later i received a letter saying that the cop didnt reply so i win. I'm still waiting on my refund (the part about not sending the bail in the first letter could backfire on you since they could raise your bail amount so i wouldnt reccomend it, i did it by accident )

 

So by allowing a declaration you never really had to set foot into the court? I'm really busy with full time school all day and full time work till midnight and I don't have time to be doing this. I plan on drawing out the scenario, I have a witness and I can clearly remember the cars around me. I don't think I should send bail money if I'm going to fight it.

I just saw that the ***** of a cop also put a slash through the box no for correctable violation. Which really pisses me off when he's a f*** up and I have no prior moving violations (I've actually never been stopped by a cop for anything.)

I know this car is expensive as hell to keep up, and that's why I look down on those people who do race these cars illegally and cause our insurance rates to go up.

And it doesn't help being a 19 year old male.

=(

Kevin

 

Hey guys, so I've been doing some research and theres a number of things I can do.

First, I'll be pleading not guilty with a written declaration.

The traffic was heavy and moving at an average speed of 80 mph. I could argue that originally I tried to obey the posted maximum of 65 mph, even though the other vehicles were going 10-15mph faster. But since there was the heavy, fast moving traffic, I was constantly being tailgated and was nearly rear-ended by the Honda Accord in back of me. I could then go on to say that my attempt to obey the law by maintaining a speed of 65mph was causing a hazardous situation for myself and others.

CVC 22400, "The Minimum Speed Law," requires that "No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...." By driving at 65 mph, I was certainly impeding the normal flow of traffic: 80mph at the time of my stop. In this situation, it was safer to obey the Minimum Speed Law, by matching my speed to the traffic flow, then to follow the Maximum Speed Law and cause a hazard by driving at 65mph or slower.

The Basic Speed Law, CVC 22350, states: "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." If traffic is moving at 80 mph, it is not safe to drive 15-20 mph slower than this speed. To match the speed of traffic in this situation does violate the Maximum Speed Law. However, my situation required me to travel above 65mph to obey the Basic Speed Law and to avoid being rear-ended by faster moving traffic.

Anyways, It's still developing. I'll update when more information I can put down a concrete. Any help is greatly appreciated at keeping another suby owners insurance lower (if you can consider most of ours LOW)

Kevin

 

you still have to. they wont even look at it until you pay the bail amount. they will refund you if you win. they told me i should receive it within 6 weeks.

 

I'm hoping I can win this, I just need to figure out how I'm going to fight fire with fire. I could try smoething like state how the only time I accelerated slightly was to change lanes to get to my exit safely or something like that.

Kevin