got a 100+ mph speeding ticket. now what?
10-10-2004, 12:28 AM
#31
Track Day
Join Date: Aug 2004
Posts: 20
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by CodeRed
I thought the threshold had been lowered to 90 MPH based on my 17 year olds insight (she just took the test). True or False?
10-12-2004, 08:25 PM
#33
Three Wheelin'
Join Date: Dec 2003
Location: Huntington Beach & Oak Park, CA
Posts: 1,748
Likes: 0
Received 0 Likes
on
0 Posts
Just found this while doing a search on radar detectors.. But I thought I would share my experience. I've gotten traffic tickets almost every year since I started to drive. I think if you look up lead feet in the dictionary, it'll have my pic. The worst one I've gotten was 3 violations in one ticket - driving 70mph on 35 zone, wrong side of the lane and driving without lights. I was passing a whole caravan of slow cars and didn't want to get caught (yes, I was young and stupid). Anyway, it would have been a suspension for sure since I had 2 other points on my record. So, I went to court, no lawyer and just told the judge that I was stupid and won't do it again. He gave me 12hours of traffic school. This was in El Monte, CA. I then got another ticket going 95mph on 55 zone in San Diego, CA about a year later. I decided to hire a lawyer since San Diego didn't allow traffic school within 3 years of each other. The lawyer was from San Diego and specialized in traffic tickets. I showed up and he did his song and dance.. but I didn't win. The lawyer fee was $600 plus the ticket fee. So, what's my point - it really doesn't matter (based on my experience) unless you have some inside connection to the cop or the judge. Not knocking lawyers.. just sharing my experience. Now, my brother is a cop so not getting as much tickets as I used to... LOL.
10-12-2004, 08:31 PM
#34
Burning Brakes
Join Date: Mar 2003
Location: Orange County, CA
Posts: 853
Likes: 0
Received 0 Likes
on
0 Posts
Plenty of people I know had their sentences reduced or cases thrown out "in the interest of justice", all by using a lawyer who frequents the court where you are appearing.
One friend was nabbed for going 110 on I-5 coming down from Frisco. It cost him $1K in legal expenses, plus around $500 in citation/court fees, but his sentence was reduced to 40 hours of community service completed within 12 months (no points or suspension).
One friend was nabbed for going 110 on I-5 coming down from Frisco. It cost him $1K in legal expenses, plus around $500 in citation/court fees, but his sentence was reduced to 40 hours of community service completed within 12 months (no points or suspension).
10-12-2004, 08:45 PM
#35
The first time I got pulled over at 100+ I got a lawyer and he worked a deal with the judge so I got off scott free. He worked a deal with a dui case he had with the judge. The second time (Years later I'm not that bad.) I pleaded to the judge and they suspended my license for 30 days and it was something like a $480 fine. Now I don't go over the "magic 100 number" often... No reckless charges on either occasion.
10-12-2004, 09:53 PM
#36
Pro
Thread Starter
Join Date: Apr 2003
Location: Newport Beach, California
Posts: 685
Likes: 0
Received 0 Likes
on
0 Posts
small-town mentality at play here, they'll want to 'hang me' to set an example. the lawyer who's been coaching me, tries criminal cases there and thinks i'd be nearly as effective doing it myself using his suggestions.
you'll all get the post mortem when this blows over--thanks!!
you'll all get the post mortem when this blows over--thanks!!
10-13-2004, 01:28 PM
#37
Three Wheelin'
Join Date: Dec 2003
Location: Huntington Beach & Oak Park, CA
Posts: 1,748
Likes: 0
Received 0 Likes
on
0 Posts
Rob,
I would just delay the hearing as much as possible and if you know anybody who's a cop that can call the officer who gave you the ticket.... it's the only chance you have now.
I would just delay the hearing as much as possible and if you know anybody who's a cop that can call the officer who gave you the ticket.... it's the only chance you have now.
10-19-2004, 10:34 PM
#38
Rennlist Member
My buddy got pulled over in my turbo going 124mph and he was hauled in and my car was impounded. The cops did not like the excessive speed at all. Get a lawyer and hope for a judge in a great mood!
10-23-2004, 03:47 AM
#39
Instructor
Join Date: Mar 2002
Location: Glendale
Posts: 103
Likes: 0
Received 0 Likes
on
0 Posts
You might have gotten pulled over by my brother. He works out of the Santa Ana office. But just one of like 30 per shift though. In Cali. they don't need to use radar, if they are clocking/pacing you from behind it holds up in court. My mom recently got her 2nd ticket in 18 months, this time for an illegal left turn. Ordinarily they only allow you to go to traffic school once every 18 months, but they let her go to a traffic school, but it is like 12-15 hours. She has to go for 2 days, instead of the customary one day/internet class. Although I don't think her violation was as serious as yours. I once got caught going over the grapevine doing 98 mph (was actually doing 110 mph) but the cop was cool and wrote me up at 98. Wound up costing me about $400 & traffic school.
10-23-2004, 04:24 AM
#40
Pro
Join Date: Sep 2003
Location: Los Angeles
Posts: 612
Likes: 0
Received 0 Likes
on
0 Posts
Guys,
As someone who has had experiences with 23103 (not guilty, thank goodness) and 22348b, let me clarify some things for you all:
1. In CA, simply going over 100 is not the end of the world. This is not People's Republic of Virginia where going over 80 is a misdeamor reckless driving charge.
2. P*ssing off the cop after you got pulled over for going over 100 could mean the end of the world for you.
3. 22348b is a 2 point infraction. Infraction means NO POSSIBILITY of jail time, and with it, no possibility of jury trial. It has a max $500 first time fine and/or up to 30 day suspension. The court can tack on any amount of additional "civil assessment fee" that could easily jack up the ticket to over $1000. Most judges (if in Kern county, you are over 90% screwed) can be reasoned with (done better with attorney's presence) and you have a good chanceof getting 0 day suspension.
4. 23103. This is big doo doo. This is MISDEMEANOR. If you got pulled over for over 100, and you really p*ssed off the cop, this is what he'll probably write you up for (Trust me, you don't want him whipping out a Field Arrest Report form). With this, they get to tow your car, book your **** (aka, intimate time with Bubba in cell block D), and stick you with a misdemeanor charge. The good thing is, because this is misdemeanor, you are guaranteed a jury trial. If convicted, you are looking at possible max 30 day jail time and up to $1000 fine. To be convicted, the prosecution will have to prove that you were driving in wanton disregard for persons and/or properties. Note, don't go over 100 with someone as a passenger that you don't know well, they can be compelled to testify against you, and they might not be as inclined to plea ignorance to your speed. Fear not, all is not lost. If you show up with a lawyer and play poker and show your intend to go for a full blown jury trial (with discovery, motions, continuance, and other legal manuvers in all its glory), most prosecution can be talked out of 23103 and have it changed to 22348b "in the interest of justice." They get to make their $$ with 22348b without the associated cost of possibly losing a trial case with jury.
5. PAY ATTENTION! We are lucky that at minimum, CA law requires that cruisers have to be marked for traffic enforcement. I have trained myself to spot all the Camaro's, BMW bikes, slick top Caprice (almost extinct) and Crown Vics, as well as LED and regular bubble gum roof rack Crown Vics and Caprice. Spend some time remebering their headlight configuartion and profiles, and I have not not been able to spot them.
6. On the desolated freeways like the Kern County and Vegas sections, CHP usually leave their radar on iradiating the freeways. It's like shooting fish in a barrel, everyone speeds, and they just pick the one with the highest number on their radar, and light them up. GET A V1 like, yesterday, it will tell you how many, what direction. Listen to the Ka warnings, they are almost 100% positive.
7. Your priority for 22348b should be to get 0 day suspension. Any lawyer worth his salt should be able to get this for you. The fine is secondary. It's a 2 pointer, and yes, your insurance will sky rocket, but it still beats a 23103 conviction, which IS equivalent to a DUI. 22348b is NOT, not by a long shot.
8. Lastly, if you get convited of 22348b, remember that there are a three year and a five year probationary period. If you get convicted again for 22348b within three years, they can and will pull your license for 6 months. If you get convicted again within five years of your first 22348b, they and and will pull your license for one year. This is where the jokes amongst the BMWCCA DE drivers of 99.9999mph comes from in CA.
Good luck.
Andy
As someone who has had experiences with 23103 (not guilty, thank goodness) and 22348b, let me clarify some things for you all:
1. In CA, simply going over 100 is not the end of the world. This is not People's Republic of Virginia where going over 80 is a misdeamor reckless driving charge.
2. P*ssing off the cop after you got pulled over for going over 100 could mean the end of the world for you.
3. 22348b is a 2 point infraction. Infraction means NO POSSIBILITY of jail time, and with it, no possibility of jury trial. It has a max $500 first time fine and/or up to 30 day suspension. The court can tack on any amount of additional "civil assessment fee" that could easily jack up the ticket to over $1000. Most judges (if in Kern county, you are over 90% screwed) can be reasoned with (done better with attorney's presence) and you have a good chanceof getting 0 day suspension.
4. 23103. This is big doo doo. This is MISDEMEANOR. If you got pulled over for over 100, and you really p*ssed off the cop, this is what he'll probably write you up for (Trust me, you don't want him whipping out a Field Arrest Report form). With this, they get to tow your car, book your **** (aka, intimate time with Bubba in cell block D), and stick you with a misdemeanor charge. The good thing is, because this is misdemeanor, you are guaranteed a jury trial. If convicted, you are looking at possible max 30 day jail time and up to $1000 fine. To be convicted, the prosecution will have to prove that you were driving in wanton disregard for persons and/or properties. Note, don't go over 100 with someone as a passenger that you don't know well, they can be compelled to testify against you, and they might not be as inclined to plea ignorance to your speed. Fear not, all is not lost. If you show up with a lawyer and play poker and show your intend to go for a full blown jury trial (with discovery, motions, continuance, and other legal manuvers in all its glory), most prosecution can be talked out of 23103 and have it changed to 22348b "in the interest of justice." They get to make their $$ with 22348b without the associated cost of possibly losing a trial case with jury.
5. PAY ATTENTION! We are lucky that at minimum, CA law requires that cruisers have to be marked for traffic enforcement. I have trained myself to spot all the Camaro's, BMW bikes, slick top Caprice (almost extinct) and Crown Vics, as well as LED and regular bubble gum roof rack Crown Vics and Caprice. Spend some time remebering their headlight configuartion and profiles, and I have not not been able to spot them.
6. On the desolated freeways like the Kern County and Vegas sections, CHP usually leave their radar on iradiating the freeways. It's like shooting fish in a barrel, everyone speeds, and they just pick the one with the highest number on their radar, and light them up. GET A V1 like, yesterday, it will tell you how many, what direction. Listen to the Ka warnings, they are almost 100% positive.
7. Your priority for 22348b should be to get 0 day suspension. Any lawyer worth his salt should be able to get this for you. The fine is secondary. It's a 2 pointer, and yes, your insurance will sky rocket, but it still beats a 23103 conviction, which IS equivalent to a DUI. 22348b is NOT, not by a long shot.
8. Lastly, if you get convited of 22348b, remember that there are a three year and a five year probationary period. If you get convicted again for 22348b within three years, they can and will pull your license for 6 months. If you get convicted again within five years of your first 22348b, they and and will pull your license for one year. This is where the jokes amongst the BMWCCA DE drivers of 99.9999mph comes from in CA.
Good luck.
Andy
10-24-2004, 01:35 AM
#41
Nordschleife Master
Originally Posted by MPD47
"A Good lawyer knows the law. A GREAT laywer knows the judge."
10-24-2004, 02:37 AM
#42
Addict
Rennlist Member
Rennlist Member
Nobody has said it, but you need to be careful abou tthe impact a guilty judgement will have on your insurance. They could drop you or you could lose your umbrella coverage. It happened to me.
