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California Excessive Speed

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Old 02-01-2013 | 02:13 PM
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I'm pretty sure excessive speed is $328, but I'm not 100%. To the fellow norcal guys this happened last night literally right outside of Dixon's city limits. How do you go about in court of trying to get the ticket knocked down? Like what do you say to the judge? 30 mph over seems like it'd be tough to change. Thanks for the advice so far.
Old 02-01-2013 | 02:15 PM
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Originally Posted by sjfehr

$328 fine for 95 in a 65 zone is way more appropriate than 12 months in jail for doing 80 in a 70 zone.
Originally Posted by Mike in CA
If you only pay a $328 fine for excessive speed @ 95 in a 65 you can count yourself as extremely lucky.
Again, the fine will be $450+, for all y-all with limited reading absorption.

The OP was only making a WAG at what the fine will be. I've been there, done that, PAID the fine.

Again, the fine will be $450+, just in case y-all missed it again!
Old 02-01-2013 | 02:18 PM
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Originally Posted by RollingArt
About 2 years ago the CHP busted me for the same, 95 in a 65 zone. I was figuring that the fine for this must be approaching $1000. I was surprised when the fine arrived in the mail that it was ONLY something like $450. I believe that is the max fine for speeding on CHP patrolled highways. However they can confiscate your car if they see fit to do so. My ticket was written up as a basic speeding ticket. If they write you up for a more serious infraction such as exhibition of speed or excessive speed the penalties could be much worse. Does your ticket actually say "excessive speed" on it?

Oh yeah, doing traffic school was not an option. They just wanted the $450 period. Done deal.

It was written as excessive speed, but it looks like that's rougly in the $300's. On the side there was a box for misdemeanor and one for infraction and he checked the infraction one.
Old 02-01-2013 | 02:22 PM
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So looking on the online penal code is shows that excessive speed 100 and over shall receive a fine of no more than $500 so is "excessive speed" for 100 and over?
Old 02-01-2013 | 02:26 PM
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Originally Posted by Arctic Wolf
It was written as excessive speed, but it looks like that's rougly in the $300's. On the side there was a box for misdemeanor and one for infraction and he checked the infraction one.
There's no way $300 is going to get you out of a 30mph over ticket. Unless maybe your ticket doesn't state your actual speed of 95 in a 65 zone? Possibly if it just says "excessive" without stating your speed, you could get lucky?
Old 02-01-2013 | 02:41 PM
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Originally Posted by Arctic Wolf
I'm pretty sure excessive speed is $328, but I'm not 100%. To the fellow norcal guys this happened last night literally right outside of Dixon's city limits. How do you go about in court of trying to get the ticket knocked down? Like what do you say to the judge? 30 mph over seems like it'd be tough to change. Thanks for the advice so far.
What I would do if I were you ( what I have done in fact with good success -- see below) is find an attorney with an office as close to where the ticket will be adjudicated as possible and an attorney that specializes in traffic citations. Far and away most of these are for DUI but the attorney's office will have someone who specializes in speeding tickets and can deal with this on your behalf.

Over a year ago I was cited on 880 and called an attorney in Fremont CA who specializes in traffic tickets and spoke with him for a few minutes. He then had his office had me fax a copy of the ticket, front and back, and took my credit card # for IIRC $300 (roughly the same as the fine amount) and that was that.
Old 02-01-2013 | 02:46 PM
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Originally Posted by Arctic Wolf
I'm pretty sure excessive speed is $328, but I'm not 100%. To the fellow norcal guys this happened last night literally right outside of Dixon's city limits. How do you go about in court of trying to get the ticket knocked down? Like what do you say to the judge? 30 mph over seems like it'd be tough to change. Thanks for the advice so far.
Is it possible that a $328 "excessive speed" fine is an add-on to whatever the fine is for 30 over? Seems like the fine should vary based on how much you were going over the limit and $328 still seems low. But I could be wrong. Maybe the court will tell you what a standard fine for this infraction would be, which would help you decide what to do next.

Assuming you're going to challenge this yourself, you want to present yourself as a responsible, upstanding citizen. Give the judge a reason to see you as a person, not just a docket number. You may not be able to deny the fact that you were speeding, but you can recount the incident and perhaps challenge the officer's determination of speed in a way that puts some doubt in the judge's mind that you were going that fast. A ticket and fine for doing 15 or 20 over would be better than excessive speed and 30 over, and it might put you into a range where traffic school is an option, which could save you a bundle on insurance. All of this will be easier if you have an otherwise clean record. If you're not comfortable with doing this yourself, it might be worth hiring an attorney. Good luck.

Edit: Just read Macster's post above. Sounds like a good way to go.....
Old 02-01-2013 | 02:50 PM
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What would the cost of an attorney for something like this roughly cost? I'm trying to weigh the cost/benefit of getting one? Also does the CHP officer even bother going to court? I've heard times when they don't even show up to the court appearance.
Old 02-01-2013 | 02:57 PM
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Originally Posted by Arctic Wolf
What would the cost of an attorney for something like this roughly cost? I'm trying to weigh the cost/benefit of getting one? Also does the CHP officer even bother going to court? I've heard times when they don't even show up to the court appearance.
According to Macster's post above, it cost him about what the fine would have, without the hassle of court. Every time I've been to court on a ticket (relatively small sample) the officer showed up. I've heard too that occasionally they don't, but I wouldn't bet on that.....
Old 02-01-2013 | 03:15 PM
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Originally Posted by Macster
What I would do if I were you ( what I have done in fact with good success -- see below) is find an attorney with an office as close to where the ticket will be adjudicated as possible and an attorney that specializes in traffic citations. Far and away most of these are for DUI but the attorney's office will have someone who specializes in speeding tickets and can deal with this on your behalf.

Over a year ago I was cited on 880 and called an attorney in Fremont CA who specializes in traffic tickets and spoke with him for a few minutes. He then had his office had me fax a copy of the ticket, front and back, and took my credit card # for IIRC $300 (roughly the same as the fine amount) and that was that.
Do you remember the law firm you used in Fremont?
Old 02-01-2013 | 03:37 PM
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Macster gave you the best advice! I totally agree with this route!
I can't confirm online why I think that,but it's the way to go...
Old 02-01-2013 | 03:50 PM
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...
Old 02-01-2013 | 04:04 PM
  #28  
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Originally Posted by Mike in CA
If you only pay a $328 fine for excessive speed @ 95 in a 65 you can count yourself as extremely lucky.
Originally Posted by RollingArt
Again, the fine will be $450+, for all y-all with limited reading absorption.The OP was only making a WAG at what the fine will be. I've been there, done that, PAID the fine.

Again, the fine will be $450+, just in case y-all missed it again!
I was suggesting that the OP was mistaken, politely. I'm sure you must know how to be polite, y-all......
Old 02-01-2013 | 05:52 PM
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Originally Posted by sjfehr
20mph over the speed limit, or anything over 80mph, in Virginia is automatic reckless driving and punishable by a $2500 fine and 1 year in jail. "
We have speed limits that exceed 80MPH in Texas :-)
There's a toll road just southeast of Austin thats 85mph.
It's rural, but not really the boonies.

However I'm told that there is no lienancey. Anything over 85 will get you a ticket.

M
Old 02-01-2013 | 06:11 PM
  #30  
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Originally Posted by txhokie4life
We have speed limits that exceed 80MPH in Texas :-)
There's a toll road just southeast of Austin thats 85mph.
It's rural, but not really the boonies.

However I'm told that there is no lienancey. Anything over 85 will get you a ticket.

M
And you can take it to COTA.


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