whilechukwuzout

Back in November I got a speeding ticket. 62 in a 35, although that speed limit is woefully underrated for the size and capacity of the road (Homestead in Cupertino if youre familiar). Anyway, due to how far over the limit I was, my citation does not offer traffic school, which Im interested in mostly to keep my insurance from increasing. The cop told me if I appeared in court I could ask the judge to make an exception, but Im not exactly sure how best to proceed with that.

Do I plead guilty and then ask? Plead not guilty and then ask? Ask first then plead? Anyone have any insight? (I understand any advice I receive is not official legal advise and is to be considered for entertainment purposes only &#128579

kpblade

I had a similar situation. I asked for a court date hoping the officer would not show up and it would be dismissed. Unfortunately, he showed up, the judge ruled against me. My speed was technically over the limit for traffic school, but I asked for an exception. The judge actually asked the citing officer if he felt it would be reasonable and the officer agreed, and I was granted traffic school.

drcollie

Never plead guilty, because guilty is guilty. I have been to traffic court so many times...lol.....

Have an excuse of some kind. Any excuse. Then plead No Contest and the Judge will ask why? If you have a clean record (don't lie, he has it in front of him), tell him that the car is new that you were distracted by how quiet and smooth it is and didn't realize how fast you were going. Then apologize and say it won't happen again and ask if you could pay court costs with nothing put your record. Judges LOVE that when you apologize. Courts costs are usually $ 100 or so, and they may tack on another $ 100. If your first offense, you will probably get it. If you have infractions on your record already, then I'd go with "I felt ill and was desperate to get to a bathroom to relieve myself" and apologize again. That works, but its' embarrassing! What's a judge going to say? When you gotta go - you gotta go.

Pleas always get entered first. And don't talk too much.

Cheshi143

Have not gotten a ticket in CA in ages, but back when my friend got a violation, he wrote the court requesting trial by written declaration. He was required to post a bond for the amount of the violation, then he was able to request that the offense be eligible for traffic school. The judge agreed and he had to pay the full fine, plus the additional amount for traffic school, complete the traffic school online and then notify the court of the completion.

https://www.courts.ca.gov/34713.htm

detansinn

Always plead "not guilty" and go to court, because more often than not, the officer may offer up a deal of pleading guilty to a lesser ticket with no points such as "failure to follow a traffic control device". I would not bet on the officer not showing up -- it almost never happens. If you don't have much experience with this, I'd recommend using an attorney, because proper representation pays for itself.

For your circumstance, please hire that lawyer. You did not mention the specifics of how you were cited, but in California, 27MPH over on a 35MPH road (non-freeway) is above the reckless driving threshold -- that's a misdemeanor charge. Taking a class doesn't get you out of that. In Virginia, you'd most certainly spend a few days in jail for this one. You drive a 911. Take this seriously. You're not poor. Hire an attorney.

Bluehighways

Be sure to read all the details on your citation. Many (as in many, many) years ago, it was in the middle of winter, and I was stopped in Tilden Park (above Oakland/Berkeley) for 55 in a 25. NOT good! I pleaded with the officer . . . I have no tickets, no accidents, no nothing. I had a clean license. Please write me up for something less. But nope, he told me you get what you deserve. Sigh . . . . so when I went in to pay the fine, I asked about traffic school. The clerk told me I didn't need to go to traffic school. I persisted and said I thought it was probably the best thing to do under the circumstance. She replied that it wasn't necessary to go to traffic school for a "Boating" violation. The clerk showed me where the officer had checked the box for a marine violation. I'd imagine the officer got the last laugh. So I paid the fine and told the clerk that I would go forth and sin no more when boating.

In this case, you want to take it rather seriously. Above a certain amount over the limit here in California it get treated essentially the same as a DUI, by both the state and your insurance company. Loss of licence for I don't know how many months and then good luck getting any sort of insurance on anything other than a Honda Fit for anything less than a small fortune for the next 7 years or so. Nasty stuff.

Russian Mafia

Yeah...the facts aren’t great...from an attorney hire an attorney,

John Mclane

Attorney. Preferably one that's friends with the DA and judge. First offense in all likelihood gets toned down.

In IL you could go to jail for that, misdemeanor (not to be confused with Miss (Destiny) Demeanor) class B. Technically the officer could slap you a pair of bracelets. I arranged a lawyer that got it to petty speeding, no points, 2 months probation then clean record. Expensive but he solved in 9 min and I didn't have to go to court (although the ticket sad so as well as another lawyer).

whilechukwuzout

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

ipse dixit

I think the first thing you should do for traffic tickets is never ask for legal advice on car forum. Like never.

Feel free to PM me if you want some help on who or what to talk to.

Good luck.

997usa

HIRE A TRAFFIC LAWYER

whilechukwuzout

Pardon my ignorance but how would one even go about finding a traffic lawyer? Google seems to yield an avalanche of mass market "beat your ticket" ambulance chasers and little more. How much would such a thing even cost? My operating assumption is that any engagement with a lawyer is gonna run $5-$10k, plus plus.

detansinn

It won’t cost you that much at all. Your case is simple. Ask friends/family for a local attorney person. He/she will refer you to somebody appropriate if they don’t practice in this area themselves. Avoid the ticket beater scam nonsense.

3uros

+1 on this one...if the traffic officer is not nice enough to give you a break and mark 10 MPH over rather than the actual speed then the next course of action is to request trial by written declaration. If you show up for court, almost always the cop shows up as well and it's the luck of the draw if the judge would let you take traffic school or not. Not sure how the courts are currently operating due to COVID but my hunch says it's probably a nightmare. Just post the bond and write the judge a remorseful letter asking for mercy on allowing you to be eligible for traffic school. Also, if you have taken traffic school within the last 18 months you won't by law qualify again until 18 months have passed. That's even if the judge wanted to give you a break. Before a judge can make that call but the state changed that law a few years back.

whilechukwuzout

I would have, but the courtesy notice stated that my appearance was mandatory so I requested a court trial.