Ticket for accelerating too fast!!
#106
SJW, a Carin' kinda guy
Rennlist Member
Rennlist Member
It depends upon the charge, If I were charged with a serious traffic violation which could lead to the suspension of my license or worse yet, jail time, then you better believe that I'm hiring a lawyer. But in this case it's just for accelerating too fast. Not sure what the penalty is for conviction, but I can't believe its draconian.
If it's a criminal case, your admonition about representing yourself is prudent, but this is traffic court. There's no prosecuting attorney who'll be cross examining you. The cop gives his version and then the defendant gives his, and the burden is on the cop to prove his allegation. The Judge may ask a question or two, especially regarding priors. Depending upon the jurisdiction, there will likely be numerous other cases to be heard and the Judge wants to move things along. So unless I were intimidated by a traffic court appearance, I don't see the need for representation in this case.
If it's a criminal case, your admonition about representing yourself is prudent, but this is traffic court. There's no prosecuting attorney who'll be cross examining you. The cop gives his version and then the defendant gives his, and the burden is on the cop to prove his allegation. The Judge may ask a question or two, especially regarding priors. Depending upon the jurisdiction, there will likely be numerous other cases to be heard and the Judge wants to move things along. So unless I were intimidated by a traffic court appearance, I don't see the need for representation in this case.
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stpatsday (03-06-2020)
#107
Racer
Thread Starter
I just got out of court and I WON on the ticket for accelerating too fast!! My lawyer did a great job of making the case that as the law states "An exhibition of speed or acceleration" requires an audience not just a driver by himself. I am so glad I won!!! If not I would be facing a careless driving ticket everytime I drove my car simply at the officers discretion.
The following 11 users liked this post by Berjar:
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#108
Rennlist Member
I just got out of court and I WON on the ticket for accelerating too fast!! My lawyer did a great job of making the case that as the law states "An exhibition of speed or acceleration" requires an audience not just a driver by himself. I am so glad I won!!! If not I would be facing a careless driving ticket everytime I drove my car simply at the officers discretion.
#109
I just got out of court and I WON on the ticket for accelerating too fast!! My lawyer did a great job of making the case that as the law states "An exhibition of speed or acceleration" requires an audience not just a driver by himself. I am so glad I won!!! If not I would be facing a careless driving ticket everytime I drove my car simply at the officers discretion.
#110
#111
I just got out of court and I WON on the ticket for accelerating too fast!! My lawyer did a great job of making the case that as the law states "An exhibition of speed or acceleration" requires an audience not just a driver by himself. I am so glad I won!!! If not I would be facing a careless driving ticket everytime I drove my car simply at the officers discretion.
#115
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Congrats!
That took a long time (10 months).
How much $? Did the State's Attorney fold, or did the judge rule?
Good job.
That took a long time (10 months).
How much $? Did the State's Attorney fold, or did the judge rule?
Good job.
#116
Racer
Thread Starter
It cost me about $1,000 in legal. The judge stopped my attorney halfway through his closing statement and said the city did not meet it's burden. Bummer on the money but I had to fight it.
#117
Instructor
Anyhow they left me off with a warning.
#118
What a joke. How did the interaction go exactly? What was the law broken exactly?
#120
in CA, insurance companies will freak the **** out over an “exhibition of speed” ticket. They’ll assume it means drag racing. Probably broke even on costs fighting the ticket in the first year alone. this and reckless driving are “do not pass go, call lawyer immediately” tickets. This is not a speeding ticket.