CA court question - Traffic School
01-15-2021, 04:34 AM
#31
Rennlist Member
Shakespeare was right when he talked about lawyers. You are facing a situation where you will feel as though you're dealing with Tony Soprano. Think about it. Nearly every Judge started out as an attorney. These guys stick together, so if you show up in court without one when the offense is pretty serious (and in your case it definitely is), the Judge will punish you for not hiring someone from the brotherhood. Observe any legal proceeding. When it comes time for a lunch break, your attorney will slap someone on the back, have a good laugh, and invite them to a lunch. Will that person be you, the guy paying him an arm and a leg? NO.......... it will be the opposing attorney, the guy you hate with a passion but a person who your attorney regards as his best buddy.
YOU are not one of the guys. You're just the sucker struggling to pay for his 911 and now you're trapped in a position to pay for part of your lawyer's 911.
But your attorney, since he's one of the guys, will be able to negotiate a deal with the Judge since they're both "one of the guys". You will not be in a good position to negotiate because you are NOT one of the guys. It's gonna' be expensive, that much is clear.
Sad-to-say, those here who claim you should hire an attorney are probably correct. I'll bet dollars to doughnuts that most of the people on this thread who insist on you hiring an attorney are just that.
I'm reminded of that famous Poncho Villa joke the punch line of which is ........................"What could I do, he had the gun. And you ask me if I know Poncho Villa? We eat lunch together". Google it.
You can usually identify someone who has never hired an attorney..... they call it "The Justice System". Those who have dealt with lawyers and Judges before, call it "The Legal System". See the difference?
YOU are not one of the guys. You're just the sucker struggling to pay for his 911 and now you're trapped in a position to pay for part of your lawyer's 911.
But your attorney, since he's one of the guys, will be able to negotiate a deal with the Judge since they're both "one of the guys". You will not be in a good position to negotiate because you are NOT one of the guys. It's gonna' be expensive, that much is clear.
Sad-to-say, those here who claim you should hire an attorney are probably correct. I'll bet dollars to doughnuts that most of the people on this thread who insist on you hiring an attorney are just that.
I'm reminded of that famous Poncho Villa joke the punch line of which is ........................"What could I do, he had the gun. And you ask me if I know Poncho Villa? We eat lunch together". Google it.
You can usually identify someone who has never hired an attorney..... they call it "The Justice System". Those who have dealt with lawyers and Judges before, call it "The Legal System". See the difference?
.But not all of us are lawyers make the recommendation to get one...just unlucky folks who haver probably been in the OP's shoes before maybe or maybe more than once! LOL
01-15-2021, 05:21 PM
#32
A few things to add, first as others have said, hire an attorney. Second, requesting a court appearance will backfire right now. Due to Covid they do everything remote so the cops can dial in for 10 minutes and get paid for 2 hours of overtime.
From the way the ticket is written the officer was not happy with you. No break on the speed so that you can go to traffic school plus the mandatory court appearance. Hire a traffic attorney for $300 and let them figure it out.
From the way the ticket is written the officer was not happy with you. No break on the speed so that you can go to traffic school plus the mandatory court appearance. Hire a traffic attorney for $300 and let them figure it out.
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AlexCeres (01-15-2021)
01-15-2021, 05:59 PM
#33
In Arizona anything over 20mph automatically converts to a criminal citation vs a civil which can impact livelihoods. Prosecutors here aren't able to give a traffic school plea and only judges are for these situations.
Unsure what CA is like, but sounds roughly similar. Prosecutors can lower it if they feel like it, they feel there was a justifiable "reason", and you weren't putting lives of little school children in danger. Typically they can be reached if you are leaning towards taking it to court to discuss the best outcome they can/will give you. It maybe worth a shot.
If not, would follow the advice of the defense lawyers here. Good luck!
Unsure what CA is like, but sounds roughly similar. Prosecutors can lower it if they feel like it, they feel there was a justifiable "reason", and you weren't putting lives of little school children in danger. Typically they can be reached if you are leaning towards taking it to court to discuss the best outcome they can/will give you. It maybe worth a shot.
If not, would follow the advice of the defense lawyers here. Good luck!
01-15-2021, 06:09 PM
#34
In CA it depends on how the original citation was written. It will be helpful if OP can post their original ticket if they still have it (specifically which parts of the California Vehicle Code they are charged under).
I've heard tickets of >100 mph (CVC 22348b) still being charged as a simple traffic infraction (vs a misdemeanor) and even having the usual mandatory appearance for 2 point ticket waived due to COVID.
I've heard tickets of >100 mph (CVC 22348b) still being charged as a simple traffic infraction (vs a misdemeanor) and even having the usual mandatory appearance for 2 point ticket waived due to COVID.
Last edited by frankchn; 01-15-2021 at 06:13 PM.
01-15-2021, 06:40 PM
#35
In NorCal, CHP tends to be a little less draconian on state highways with high speed v.s. the OP situation with a county sheriff on a local road. But of course, it depends a lot on the cops mood that day.
01-16-2021, 01:14 PM
#36
Three Wheelin'
Thanks, all. I appreciate the input! Some added background, The violation is 001 VC22350 and NOT VC23103, so it appears that Ive been spared the risk of reckless driving at least. The courtesy notice said my appearance was mandatory but Ive read that is standard for speeding violations of 25+ over.
In the worst case that I am found guilty with no chance of traffic school the court fees and anticipated insurance hike (25% hike for 3 years) would come out to around $3K. That feels substantially lower than what a lawyer would cost.**
**Edit: Bearing in mind I live in the Bay Area where everything is 50-100% more expensive
In the worst case that I am found guilty with no chance of traffic school the court fees and anticipated insurance hike (25% hike for 3 years) would come out to around $3K. That feels substantially lower than what a lawyer would cost.**
**Edit: Bearing in mind I live in the Bay Area where everything is 50-100% more expensive
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01-16-2021, 01:43 PM
#37
Burning Brakes
I remember while in college, my father came to me with a letter he'd received from the DMV. Something about another ticket and he'd be driving me around. Ever since I've done what I could to keep points off my record.
01-25-2021, 02:05 AM
#38
Rennlist Member
Be glad you aren't in VA. Lived and grew up in the DMV and they have to have the worst traffic laws in the country. Just DO NOT speed there. Remember last time I got pulled over in college on my way to VA Beach with my brother. On a state round to bypass all of the traffic on I64 to Norfolk and VA Beach/Chesapeake. God. Tried to impound his jeep (I guess playing NWA F the police on the radio didn't help) and I got off with a ticket....pulled us both over! Yeah leave that state alone!
Jalopnik article and if you read the comments...says it all!
https://jalopnik.com/never-speed-in-...-in-1613604053
Jalopnik article and if you read the comments...says it all!
https://jalopnik.com/never-speed-in-...-in-1613604053
01-25-2021, 10:26 PM
#39
Years ago I was in VA on the interstate doing well over 100 mph (young and very dumb) when I came over a ridge and passed a trooper sitting in median. His lights went up and the dirt started to fly as his tires were spinning. I knew I was screwed so I just stepped on it, flew into next exit and made my way down the rural road to a diner. Parked behind the diner and had a very very loooong lunch. Went on to my destination avoiding the interstate for miles and miles. God looks out for fools and drunks. I can’t imagine what they would have charged me with.
01-25-2021, 10:29 PM
#40
Years ago I was in VA on the interstate doing well over 100 mph (young and very dumb) when I came over a ridge and passed a trooper sitting in median. His lights went up and the dirt started to fly as his tires were spinning. I knew I was screwed so I just stepped on it, flew into next exit and made my way down the rural road to a diner. Parked behind the diner and had a very very loooong lunch. Went on to my destination avoiding the interstate for miles and miles. God looks out for fools and drunks. I can’t imagine what they would have charged me with.
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mdrobc1213 (01-26-2021)
01-25-2021, 10:49 PM
#41
RL Community Team
Rennlist Member
Rennlist Member
Wow, VA sounds like a nightmare for a 911 owner! First the car tax (seriously?), then the ban on radar detectors, then aggressively locking up people for speeding.
Jeez....hell no I wouldn’t have a car like this over there
Jeez....hell no I wouldn’t have a car like this over there
01-26-2021, 12:21 AM
#42
I mean doing 100mph will land you in a **** ton of trouble in large swaths of the world. VA is unusual in the states for its aggressiveness but the fines and insurance consequences in NY are pretty unpleasant at those speeds.
01-26-2021, 01:23 AM
#43
Rennlist Member
Yes 100+mph gets you into trouble in a bunch of places in the US and other places also that is a fact but agree VA works overtime to make things painful for anyone found over the speed limit!
Last edited by mdrobc1213; 01-27-2021 at 04:10 AM.
01-26-2021, 06:55 AM
#44
Rennlist Member
If they had caught you...jail time for sure. Probably 30 days at min and saw your license go poof for at lest 6 mos in VA. They don't play! That trooper probably spent a good portion of his lunch hour looking for you and bet he had radio'd your car desperation across the state. Now they have internet connected laptops in the car so they can share your info a lot more easily!