discoganya

The inevitable finally happened. Got pulled over for doing 93 in a 70 zone near King City, CA on 101. I don't think I was actually doing 93 (not, at least, for very long). Every car on the road was doing 85 or so, and I was probably a little faster than that. I'd speed up a little while passing, and I think that's when I got nailed.

I really don't plan on contesting it... given that I was certainly 15 mph above the limit, but I'm concerned about being 23 mph above the limit. Anyone with a CA speeding ticket experience? How many points will this be? Can I take traffic school? How long will it be on my record?

Jerseybean

You should get a good lawyer and fight the ticket, It's surprising the number of people who don't even think about it. I've done that twice now and received a lesser ticket with no points. In NJ at 110mph he would have handcuffed you and put you in his car.

Galun

What was the citation? 22349a? 22356b? Anyways you are most likley looking at one point and around $175 fine. <20 over you are definitely eligible for traffic school. >25 over you definitely are not. It seems like 20 - 25 over is the gray zone, but you should be able to take traffic school if you haven't taken one in the last 18 months. I think it stays on your record for three years.

discoganya

I don't have the ticket with me right now, but what's the difference between 22349a and 22356b? This is my second ticket (last one was 6 years ago), so I'm hoping I can get off with traffic school.

jimhsu

fighting it will often get you a lesser fine and sometimes even complete dismissal.

I got a ticket supposedly doing 51 in a 30 mph zone. The cop was hiding out just at the corner where 30 turned to 45.

I decided to fight it because it was the only way to make it go away. I was wronged!! And I requested the cop's presence. When I showed up to enter my decision that I would fight the ticket at a local magistrate's office, I was given a copy of the citation report.

He put lots of detail in the report, supposedly to show how he had been careful and methodical about the speeding measurements: he stated where I had been down to the street number of the location when I had been first spotted, where he had been hiding, and then how he had clocked me at 51mph at "650 feet away."I did a little junior high math and figured out that, based on his supposedly factual info, including my alleged 51mph, he would have had to spot me, aim his gun, pull the trigger, AND get a lock on my car at 650 ft away, within exactly 0.8 seconds.

Armed with this info, I did a handout including maps, diagrams, and simple math calculations to show how his claim would have been superhuman, and likely inaccurate and impossible. One copy for the judge, one for the cop, and one for me.

On the day of the hearing, the cop did not even show up! This was three months after the incident, and the cop did not show. My ticket was dismissed completely, ONLY BECAUSE I HAD REQUESTED THE COP'S PRESENCE and he no-showed!

even if the cop had shown up, I am certain my ticket would have been dismissed or greatly reduced just for my contesting: I heard two people in front of me with the same and the only argument "But your honor I was not going that fast" and they got their fine amounts cut in half.

Moral: always fight you ticket. Always request the presence of the cop if it's an option on the ticket. And I did not need a lawyer: just a morning off from work to go downtown.

ArneeA

Fight it. www.ticketassasin.com -- worked for my ticket, 75+ on a 65. No points, refunded bail, no records, found not-guilty and dismissed!

AShearer

Agree with a couple others. Always contest. Lot's of things can happen. I recite a story about doing 90 in a 55 several years ago and being pulled over by a Federal cop on the Dulles Airport Rd, (US Gov Property) I had to go to Federal Circuit Court. To make a long story, shorter, I had a reason which I explained to the cop on the scene. I was being harrased by a carload of drunks in an old GTO. At the time, I had a late 70's 530i. As I was explaing to the cop, the carload of drunks flew by us. I had left them that far behind.

The cop recited my explanation to the judge, told the judge he witnessed the vehicle I had described and the judge dismissed it!!!!. Had I not contested, I would have had a reckless driving CONVICTION on my record.

You may not have such a story, but you have an explanation i.e. your speed in excess of the surround traffic was momentary. You'll get it reduced. Go.

Galun

22349a is exceed maximum speed limit of 65mph. 22356b is exceed maximum speed limit of 70mph. Both carry the same bail schedule.

The law clearly states that traffic school is not an option if the violation is 25mph+ over the speed limit. You may be able to get traffic school at 23mph+, especially if the speed limit is 70mph.

If I had the time I would fight every ticket, but I will also pick my battles. The OP will need to post the exact VC violation to be sure, but it looks like it's a ticket for exceeding maximum speed. The burden of proof for prosecution is low - you exceed the maximum speed by 1mph and the ticket sticks. The OP was cited for 23mph+, so I'd say chances are slim to fight this off. If you show up in court you may be able to reduce your initial fine to $100 from $175, but is it really worth the time to spend 4 hours in court? Of course there is always the chance that the cop won't show up. If it's a CHP ticket (looks like it if the OP got pulled over on 101) then the cop will most likely show up since the CHP pays overtime for cops to show up in court.

In CA you can do a trial by written declaration. Do a search on google on how to do this, but here are the basics. When you recieve the letter from the court in the mail, look at the date of appearance. Before that date, call the court and ask for an extension. You should be given a one month extension automatically. When that extension comes up, you can try to ask for another extension (which may be granted), or ask them for a trial by written declaration. You have to send a letter to the court stating that you plead not guilty. Once you recieve the trail by written declaration, you usually have a month to fill it out. You basically make your case as to why you are not guilty. Send the form back to the court with the bail amount. The court then sends your declaration to the officer who issued the citation, and they have about a month to respond. If the cop doesn't respond, the ticket is dismissed. It is very common for the cop to NOT respond becuase this creates paper work for them without over time pay (versus showing up in court). If the cop responds, then a judge or traffic commissioner will review your declaration aginst the cop's statements, and then decide on the case. If the judge believes in your story, ticket is dismissed. If the judge does not believe in your story, the court will send you a letter stating the decision. At that point, you can request a trial de novo - you go to the court and present your case in front of a judge. This will most probably mean another month or two in delay. You may be able to extend that new court date a few times too. Anyways, by the time you go to court, it may be 9 months from the original date of citation. You can go to the court armed with facts, witness, whatever. The cop will show up probably with the notes on the back of the original ticket, and he probably can't remember anything from a routine traffic stop 9 months ago. You try to present the case to the judge - you with the facts vs the cop with a few sentences in the back of a ticket. If the judge still doens't believe you, you can ask for traffic school at that time, and will most likely be granted.

This delaying tactic can be good even if you don't think you can win the ticket becuase the violation won't show up in the DMV record until you are found guilty. It stays on your record for 3 years but the clock starts on the original date of vioaltion. If it takes them 9 months to find you guilty, the violation shows up on your record 9 months later, and your insruance company finds out 9 months later.

I guess I should disclose that I am not a lawyer, and all this is from experience.

egress91506

No real words of advice, but sympathy. 101 in King City area is well known for tickets. I picked up a few over the years. For the longest time, I would only stop in King City to use the bathroom, never to leave any money at the local establishments. I'm confident that my decision had no real impact on the local economy, but made me feel better.

Robin 993DX

You can always try "Trial by declaration", it is the law. The court system don't want you to know about this option, but must allow you that option by law if you ask for it, you have nothing to loose.

You can find more information from http://www.ticketassassin.com/

Even though you did wrong by speeding, but I would not pay the state of California a single dime if I don't have to. This state rapes their citizens with jacked up taxes here and there more than any other state as it is.

bpoteat

Link with LOTS of good info. It's too late for you on some of the stuff it mentions (what to say to officer, keeping a record of every detail around, etc.), but still lots of info:

http://www.worldlawdirect.com/articl...ng_ticket.html

Toreador

FIGHT IT!!

Another vote for http://www.ticketassassin.com/

PJunkie

quick question- were you using radar detection? if so, what?

discoganya

No radar detector (never used one) ... but I'm seriously thinking of getting one now.

porsche-t

Take it to court and try to fight it. Years ago, I got caught on Interstate 5 doing 152 mph (max speed limit then was 55 mph) on my turbo bike. The only reason I didn't go to jail was 1.) the sheriff couldn't clock me and 2.) he was a training officer with a rookie in the car and he told me " if I were the CHP, I would be taking you to jail right now". He wrote the ticket at exceeding 90 mph and when I got to court, the judge settled it at exceeding 55 mph.