I got a speeding ticket - contesting

 
Post new topic    LakersGround.net Forum Index -> Off Topic Reply to topic
View previous topic :: View next topic  
Author Message
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Wed Sep 20, 2006 9:58 am    Post subject: I got a speeding ticket - contesting

So I got the second speeding ticket of my life this morning on the way to work. I was pulled over for going 65 in a 50 MPH zone by a motorcycle officer with a radar gun who had been hiding behind some bushes.

I have never contested a ticket before, and was indeed going probably about that speed. However, I am considering contesting this purely as a social experiment and thought I'd document how it goes here if people are interested. I'm going to use the advice on Ticket Assassin and see if it works. Also wanted to check with anyone here to see if you have any advice for beating this.

First off, the ticket I received was for violating vehicle code 22350 - the basic speed law. The basic speed law basically says that people need to drive at a speed that is considered "safe" in accordance with the surrounding environment. I do NOT believe I violated this code. There were only a couple cars around me, they were each going at least 55, zero pedestrians, clear vision, clear weather and visibility, and no danger of hitting anything.

So that's the situation and I'm planning on contesting via mail. Anyone have any advice or strategies to recommend?
Back to top
View user's profile Send private message Reply with quote
lakersfreak
Franchise Player
Franchise Player


Joined: 11 Apr 2001
Posts: 12389
Location: Riverside Rescue

PostPosted: Wed Sep 20, 2006 10:14 am    Post subject:

Haven't had a ticket in 13 years.

Wondering if you fight it and lose if traffic school is still an option. Thinking about the insurance ramifications....
Back to top
View user's profile Send private message Reply with quote
The Dagger
Star Player
Star Player


Joined: 15 Mar 2002
Posts: 7276
Location: Sovngarde

PostPosted: Wed Sep 20, 2006 10:23 am    Post subject:

Admit your guilt to the judge and plead for traffic school with no points. The officer got you with his gun, hard to beat that in court.
Back to top
View user's profile Send private message Reply with quote
JerryMagicKobe
Moderator
Moderator


Joined: 28 Jul 2005
Posts: 15100

PostPosted: Wed Sep 20, 2006 10:37 am    Post subject:

Do it. I can't think of a single reason to NOT contest it by mail. I'm no expert on fighting tickets, but I would imagine I'm the champ when it comes to getting pulled over (46 times including yesterday) and talking my way out of them. . .Next time I get one (3 on my record currently), I'll contest it in writing. The only advice I would give you is just state your side concisely, don't use big words when small words will do, speak plainly, don't exagerate, and don't say ANYTHING that can be proven incorrect.

Keep us informed how it goes.
Back to top
View user's profile Send private message Reply with quote
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Wed Sep 20, 2006 10:39 am    Post subject:

The Dagger wrote:
Admit your guilt to the judge and plead for traffic school with no points. The officer got you with his gun, hard to beat that in court.


Well, technically, I was violating VC 22349 - the maximum speed limit law. However, according to the ticket, I am accused of violating VC 22350 - the basic speed law.

Since at the speed I was going there was nothing unsafe about:

- the weather
- visibility
- surface of the road
- width of the road
- danger of hitting another car
- danger of hitting a pedestrian
- danger of hitting property
- danger of leaving the road.

I think it's extremely debatable whether I am guilty of violating VC 22350.
Back to top
View user's profile Send private message Reply with quote
FredG
Star Player
Star Player


Joined: 21 Jun 2005
Posts: 5328
Location: Junkyard

PostPosted: Wed Sep 20, 2006 11:43 am    Post subject:

I think the basic speed law covers everything (the judge would probably consider going 15 mph faster than the posted speed limit, "a speed which endangers the safety of persons or property"). And supposedly they have new radar guns out which are impossible to beat, if the officer followed proper procedure (the previous ones were no walk in the park either). And forget about taking your chances that the officer won't show up. Unless the officer has motor school training, he/she will be there. They get into trouble if they don't show.

Just try to get traffic school.
Back to top
View user's profile Send private message Reply with quote
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Wed Sep 20, 2006 1:47 pm    Post subject:

FredG wrote:
I think the basic speed law covers everything (the judge would probably consider going 15 mph faster than the posted speed limit, "a speed which endangers the safety of persons or property"). And supposedly they have new radar guns out which are impossible to beat, if the officer followed proper procedure (the previous ones were no walk in the park either). And forget about taking your chances that the officer won't show up. Unless the officer has motor school training, he/she will be there. They get into trouble if they don't show.

Just try to get traffic school.


Yeah FredG, it's definitely an interpretive thing. Here's the basic speed law:

Quote:

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


So I feel like my speed at the time was valid enough with those criteria. There was no danger.

In regards to the officer showing up, that's why I'm doing the trial by mail. Police in California actually get paid overtime for showing up to court now. So you can bet, the cop will show. When you do it through the mail, the officer needs to fill out paperwork - they don't get paid for that. We'll see how it works out.

If anyone has info on Radar guns, please share, I'm curious as to whether any valid arguments can be made there.[/quote]
Back to top
View user's profile Send private message Reply with quote
Muad'Dib
Star Player
Star Player


Joined: 19 Sep 2004
Posts: 3903

PostPosted: Wed Sep 20, 2006 2:27 pm    Post subject:

Ticket Assassin works.
Back to top
View user's profile Send private message Reply with quote
Addicus
Star Player
Star Player


Joined: 02 Sep 2005
Posts: 9642
Location: Dave's Pimp Palace

PostPosted: Wed Sep 20, 2006 3:19 pm    Post subject:

Socks wrote:
FredG wrote:
I think the basic speed law covers everything (the judge would probably consider going 15 mph faster than the posted speed limit, "a speed which endangers the safety of persons or property"). And supposedly they have new radar guns out which are impossible to beat, if the officer followed proper procedure (the previous ones were no walk in the park either). And forget about taking your chances that the officer won't show up. Unless the officer has motor school training, he/she will be there. They get into trouble if they don't show.

Just try to get traffic school.


Yeah FredG, it's definitely an interpretive thing. Here's the basic speed law:

Quote:

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


So I feel like my speed at the time was valid enough with those criteria. There was no danger.

In regards to the officer showing up, that's why I'm doing the trial by mail. Police in California actually get paid overtime for showing up to court now. So you can bet, the cop will show. When you do it through the mail, the officer needs to fill out paperwork - they don't get paid for that. We'll see how it works out.

If anyone has info on Radar guns, please share, I'm curious as to whether any valid arguments can be made there.
[/quote]

The officer seems to have made a boo-boo by putting the wrong civil code.
These are your points to remember on fighting a ticket:

1. Traffic school get you no points on your record and makes it so your insurance doesn't go up. You will pay the fine plus the costs of traffic school.

2. You may not attend traffic school once you fight the ticket.

3. If you fight the ticket and lose you will pay the full fine and the judge will most likely not reduce the amount of the fine. I have found judges usually reduce the fine if you plead guilty and if you have a decent driving record, but this goes out the window when you fight it.

I'm a risk taker in life. I say go for it. I think you may win on a technicality. Remember, if you aren't an attorney, don't use attorney language to make your point. It pisses the judge off.
_________________
Stop crying and start doing.

Twitter: http://www.twitter.com/addicusbrown
Back to top
View user's profile Send private message Reply with quote
Bergamotichek
Retired Number
Retired Number


Joined: 02 Sep 2007
Posts: 16777206

PostPosted: Wed Sep 20, 2006 4:59 pm    Post subject:

I say fight it.

I fought one of my tickets (did it the hard way)... and the officer ended up looking like a complete boob. Judge even got pissed off at him, he was so poorly prepared.

Of course, he and his partner followed me almost all the way home, waiting for me to screw up.
Back to top
View user's profile Send private message Reply with quote
SoCal88
Star Player
Star Player


Joined: 11 Apr 2001
Posts: 7498

PostPosted: Wed Sep 20, 2006 5:07 pm    Post subject:

Try www.ticketassasin.com for tips
_________________
Lakers | Dodgers | ACFC | COYS | LA Kings | Rams
Back to top
View user's profile Send private message Reply with quote
Bergamotichek
Retired Number
Retired Number


Joined: 02 Sep 2007
Posts: 16777206

PostPosted: Wed Sep 20, 2006 5:55 pm    Post subject:

Kobe8 wrote:
Try www.ticketassasin.com for tips


And in other news...

The Japanese bomb Peal Harbor!
Back to top
View user's profile Send private message Reply with quote
Laker_Town
Retired Number
Retired Number


Joined: 26 Jun 2006
Posts: 25604

PostPosted: Wed Sep 20, 2006 6:07 pm    Post subject:

A friend of mine had a book once, after getting a ticket, and it adviced on getting a court extension. The hope is that th epofficer wont be able to make the second date and youre case is either thrown out, or simply gives you an edge.



Never had a ticket, so I cant say if it works..Sounds too good to be true though.
Back to top
View user's profile Send private message Reply with quote
The Dagger
Star Player
Star Player


Joined: 15 Mar 2002
Posts: 7276
Location: Sovngarde

PostPosted: Wed Sep 20, 2006 7:37 pm    Post subject:

Socks wrote:
The Dagger wrote:
Admit your guilt to the judge and plead for traffic school with no points. The officer got you with his gun, hard to beat that in court.


Well, technically, I was violating VC 22349 - the maximum speed limit law. However, according to the ticket, I am accused of violating VC 22350 - the basic speed law.

Since at the speed I was going there was nothing unsafe about:

- the weather
- visibility
- surface of the road
- width of the road
- danger of hitting another car
- danger of hitting a pedestrian
- danger of hitting property
- danger of leaving the road.

I think it's extremely debatable whether I am guilty of violating VC 22350.


If it was under 10 mph over, you might have a case. But at 15 I highly doubt the judge rules in your favor. You may even piss him off by insisting that it was safe. If you are going that route you may want to imply that you were going with the flow of traffic and it may have actually been dangerous to go too slow.

As for the PO not showing up. It does happen. I got off two tickets that way. PO's occasionally do not show up for whatever reason. And they don't get in trouble for it if they have a reason (pretty much any reason will do).

Go early and key in on the judge. You will know how liberal he/she is on how he/she handles cases before yours. If he/she is hammering everyone ask to be re-scheduled. Tell him/her you need more time to prepare your case.
Back to top
View user's profile Send private message Reply with quote
FredG
Star Player
Star Player


Joined: 21 Jun 2005
Posts: 5328
Location: Junkyard

PostPosted: Wed Sep 20, 2006 8:34 pm    Post subject:

psydesho wrote:

The officer seems to have made a boo-boo by putting the wrong civil code.


I find it hard to believe that a cop who has been trained to use a radar gun puts the wrong code. They sit there all day giving speeding tickets. As I stated above they have new improved guns. Forget about fighting the gun. You're better off fighting the officer.

When did they start the trial by mail thing? I would think that would be a disadvantage to the offender. Eliminates your "officer no-show" option. How does it work? Do they stamp the verdict and send it back, or do you get an explanation with it?
Back to top
View user's profile Send private message Reply with quote
SoCal88
Star Player
Star Player


Joined: 11 Apr 2001
Posts: 7498

PostPosted: Wed Sep 20, 2006 10:31 pm    Post subject:

JD wrote:
Kobe8 wrote:
Try www.ticketassasin.com for tips


And in other news...

The Japanese bomb Peal Harbor!



_________________
Lakers | Dodgers | ACFC | COYS | LA Kings | Rams
Back to top
View user's profile Send private message Reply with quote
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Wed Sep 20, 2006 10:45 pm    Post subject:

The Dagger wrote:
If it was under 10 mph over, you might have a case. But at 15 I highly doubt the judge rules in your favor. You may even piss him off by insisting that it was safe. If you are going that route you may want to imply that you were going with the flow of traffic and it may have actually been dangerous to go too slow.

As for the PO not showing up. It does happen. I got off two tickets that way. PO's occasionally do not show up for whatever reason. And they don't get in trouble for it if they have a reason (pretty much any reason will do).

Go early and key in on the judge. You will know how liberal he/she is on how he/she handles cases before yours. If he/she is hammering everyone ask to be re-scheduled. Tell him/her you need more time to prepare your case.


You might be right there, Dagger, but what the hell, I'll give it a go. While a judge might be pissed, if I can somehow establish that there was no danger to any of the components listed in the basic speed law that judge will still have no choice but to find me innocent going by the letter of the law.

Since I'm going to be using trial by mail, I won't be in the court.
Back to top
View user's profile Send private message Reply with quote
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Wed Sep 20, 2006 10:54 pm    Post subject:

FredG wrote:
psydesho wrote:

The officer seems to have made a boo-boo by putting the wrong civil code.


I find it hard to believe that a cop who has been trained to use a radar gun puts the wrong code. They sit there all day giving speeding tickets. As I stated above they have new improved guns. Forget about fighting the gun. You're better off fighting the officer.

When did they start the trial by mail thing? I would think that would be a disadvantage to the offender. Eliminates your "officer no-show" option. How does it work? Do they stamp the verdict and send it back, or do you get an explanation with it?


Actually, I was quite inspired by this story, which seems to describe my exact situation. If you follow the line of questioning the dude takes the cop through, it make sperfect sense. I agree though, fighting the gun seems like the wrong way to go.

The trial by mail thing apparently has been your right for quite awhile. According to Ticket Assassin:

Quote:
You can contest your ticket by mail without making a single court appearance. Contesting your citation through the mail gives you a better chance of winning your case than at a court trial. Even if you seem to be guilty of violating the law, the procedural hassles for the prosecution will often lead to a dismissal. If the prosecution does not submit its version of events in writing to the court by the deadline date, your case will be dismissed regardless of your guilt or innocence. Dismissals due to lack of prosecution are won in approximately 30% of written defenses.


Again, the cop gets paid overtime to come to court. The cop doesn't get paid to fill out a form outlining the prosecution's case. Makes sense to try to the mail-based trial. Plus, if you're found guilty, you still have the right to contest that:

Quote:
Why doesn't the court inform every defendant of their legal right to appear in court via mail (Written Not Guilty Plea), contest via mail (Trial by Written Declaration), and have a new trial (Trial de Novo) if they are not happy with the outcome of the first trial? Money. Most courtesy notices hardly mention or do not mention these rights at all. Many courtesy notices from California traffic courts begin, "To avoid the inconvenience and long lines associated with a court appearance... pay the bail amount listed above." The justice system uses its own bureaucratic inefficiency to discourage you from seeking justice. Nice.
Back to top
View user's profile Send private message Reply with quote
LakersSpirit
Franchise Player
Franchise Player


Joined: 13 Apr 2001
Posts: 13619
Location: West Los Angeles

PostPosted: Wed Sep 20, 2006 11:54 pm    Post subject:

I heartily recommend, against contesting this traffic violation, as a "social experiment"... The law is the law, and, as a society, we don't want to slip back into "The Dark Ages". If you were contesting this, on the grounds, that you truly believe, that you were violated, or mistreated... That would be a different story...

I agree with those that recommend traffic school. There is an ongoing "social experiment", which is our daily interaction, with law enforcement, which exists, in an attempt to safeguard the general population... We can be concerned, and participate, in other ways, which are more beneficial, than finding ways to defeat the process.
_________________
"Teamwork is a nebulous thing. It is as ephemeral as love, disappearing at the latest insult.".... Phil Jackson
Back to top
View user's profile Send private message Reply with quote
FredG
Star Player
Star Player


Joined: 21 Jun 2005
Posts: 5328
Location: Junkyard

PostPosted: Thu Sep 21, 2006 10:17 am    Post subject:

LakersSpirit wrote:


I agree with those that recommend traffic school.


Plus it's a nice refresher for the laws of the road. If you can do it (traffic school) online, all the better.
Back to top
View user's profile Send private message Reply with quote
KobeBryant24
Starting Rotation
Starting Rotation


Joined: 19 Sep 2006
Posts: 884

PostPosted: Thu Sep 21, 2006 10:34 am    Post subject:

Why even bother contesting again, sure you avoid getting a point on you record and what not, but the fines you're going to end up paying after all the extra court fee's, assessment fee's, etc. etc., you're looking to pay up to $400 for a "$50" dismissal fee.

California traffic courts are horrible, you contest a violation, you win, and they charge you more then what you would have originally paid for the violation. They show you this chart which explains all the extra fee's they charge, but you really don't understand what all the taxes are. It's almost like a cell phone bill, you think you're paying a certain amount, but you find that all these extra hidden charges were added.

I say pay the fine and take traffic school, assuming you haven't taken traffic school in the past 18 months. You could do it online and it'll take you less then 2 hours to finish.

Good luck with whatever path you choose to take.
Back to top
View user's profile Send private message Reply with quote
halosage
Starting Rotation
Starting Rotation


Joined: 24 Jun 2005
Posts: 701
Location: Hollywood, Ca.

PostPosted: Thu Sep 21, 2006 2:39 pm    Post subject:

I just went to courthouse to pay for a speeding ticket.


At the courthouse, they ask you:

Are you pleading "not guilty and pay the fine plus go to traffic school?

or pleading "guilty but with an explanation and see the judge?

Freakin confusing........i told the lady that whatever was cheaper and faster to get out of there.

So i pleaded "not guilty and paid the freakin fine and i am going to traffic school.
Back to top
View user's profile Send private message Reply with quote
Socks
Franchise Player
Franchise Player


Joined: 01 Feb 2006
Posts: 10761
Location: Bay Area, CA

PostPosted: Mon Feb 19, 2007 10:06 am    Post subject:

Wow - the wheels of justice turn slow.

I started this thread on September 20, 2006 and finally got a ruling this past Friday. It took almost 5 months to the day, but...

NOT GUILTY!!!

So I get my $128 in bail money back. No point on my license. No traffic school.

I contested and argued my case entirely through the mail, so my only expense was a few dollars in certifying mail and paying for Ticket Assassin, which I heartily recommend. No other fees at all. No need to take time out of my day to go to a courthouse.

Honestly, I've only gotten 2 tickets in my life, but if I ever get another, I'm going to contest it in this same way. I'd make a commercial for Ticket Assassin right now. If it hadn't been for them, there's no way I would have had the knowledge to dispute this ticket, because the state government does not make it available. Halosage's post right above this one is a perfect example. They don't even usually give you the option if you don't explicitly ask for it.

Anyway, this put a smile on my face to start the week, so thought I would share.
Back to top
View user's profile Send private message Reply with quote
20,000
Retired Number
Retired Number


Joined: 27 Jun 2005
Posts: 29999
Location: Likely nowhere near you

PostPosted: Mon Feb 19, 2007 10:41 am    Post subject:

Way to stick it to the man, Socks!
_________________
Courage doesn't always roar.
Sometimes courage is the quiet voice at the end of the day saying...'I will try again tomorrow.'
Back to top
View user's profile Send private message Visit poster's website Reply with quote
Display posts from previous:   
Post new topic    LakersGround.net Forum Index -> Off Topic All times are GMT - 8 Hours
Page 1 of 1
Jump to:  

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum






Graphics by uberzev
© 1995-2018 LakersGround.net. All Rights Reserved. Privacy Policy. Terms of Use.
LakersGround is an unofficial news source serving the fan community since 1995.
We are in no way associated with the Los Angeles Lakers or the National Basketball Association.


Powered by phpBB