Alright, finally got one after almost a year of having the coupe. Knew it was gonna happen someday, but not at the excessive speed that I was at... Here are the details:

1) cop got me doing 83 mph in a 50 mph zone

2) cop used radar gun (checked the calibration - 1 year calibration period from 5/29/03 to 5/29/04)

3) my radar detector (Passport 7500) never went off - don't think that I should question this in court, but it is something that I am wondering about

4) I didn't have a front license plate on (so how could he have used radar on me (by the time I past the cop, I slowed down to at least 60 mph, so there is no way he got me from behind)

5) I put my license plate on my window dash after I passed the cop so that I would not get a ticket for that (I did not get a ticket)

6) So, in Cali, since I was doing more than 15 mph over the speed limit, I have to appear in court, but it does not give me a specific date.... It just says appear on or before 3/22/04. What is the deal? Am I going to get something in the mail?

There probably isn't anyway out of this, but can someone at least tell me what is going to happen? License revoked, approx amount of fine, etc.... This is my first ticket in CA... I used to live in NY and got a couple there, so I know their rules better, but the two states are totally different in terms of laws and fines... Help....

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I don’t live in Cali, but I was just talking to my brother in law who is from Cali and also just received a speeding ticket. He mentioned that he had to wait until he received his ‘courtesy notice’ in the mail, then he’d know whether he could take driving school or not (he’s gotten a few tickets). So, my guess is that there’s something coming in the mail for you, but someone from Cali could probably tell you for sure. That’s about all I can help you with. Good luck if you fight it!

03.5 5AT Sedan
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The cop said that traffic school was not an option for me since I was caught speeding doing more than 65 mph... I didn't really understand this, but I did not want to talk to the cop anymore than I had to... So, if you get a ticket for doing let's say 68 mph in a 65 mph, then you don't qualify for traffic school? That sounds pretty dumb.... What about for first time offenders?

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You appear at the courthouse during the designated hours (check your local listings) and they give you your options right there. Since this is your first ticket in CA, you will be given the option for traffic court. I think at 23 over you will still get that option. The bummer is that it takes all day to physically go to traffic court. Several internet schools can be done in several hours I heard. To do this however, they usually make you appear in court and the judge may have some questions for you.

There is little risk of losing your license at 23 over tho, especially for a first offense, so I wouldn't worry about that.

Good luck.



Black/Willow 03.5 6MT, Premium, Navi, Aero, SAT
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oop, didn't catch your last post before I posted mine. If the officer said traffic school was out, he's probably right. I'd still ask the court officer and/or judge for it though. The judge has power over the officer in nearly every case.


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i was caught doing 61 in a 25 mph construction zone.

your citation gives you a date to appear. you should receive a courtesy notice i the mail prior to your appearance date. this courtesy notice usually has the court date further out than that listed in the citation. call the hotline on your citation and it will tell you whether or not you qualify for traffic school.

If you DO NOT receive a courtesy notice, it is still your responsibility to show up in court. OR, check your county's superior court website. they usually have a link for traffic that will allow you to search for your citation. it'll show up in the court records about 1.5 weeks after your citation. You then have the option to automatically extend your court date.

Example:

my citation had a court date of 020204
my courtesy notice had a date of 022304
i extended the date out to 032904

i'm hiring a lawyer for $500. he guarantees no point on my driving record and/or a reduction in the fine or my money back.

hope this helps



6MT Coupe, DG/G, Prem

 

Thanks for the advice.... Shader7, I was going 33 mph over the limit, not 23 mph.... I am still going to ask the judge for traffic school, so I don't get the points on my license.

Second question... I plan on leaving Cali at the end of this year and go back to NY for good. If this violation does end up going on my record, will an insurance company in NY check to see if I have a points violation in CA? That will definitely affect my insurance.

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I have been researching this for the past 3 hrs...

1) Got charged with California Vehicle Code "22349" section (a), which states:

- 22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Just curious.... Is there some technicality that I can get them on based on the definition of a highway? The road that I was on was a two-lane each way road... I don't know what the exact definition of a highway is... That is why I am asking... Here is the DMV website: http://www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm

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No chance on the technicality, I'm afraid. Yea, 33 over is going to be considered a special case by the judge certainly. Just look nice, be respectful, adress the judge as "your Honor" or "Judge", and try to come up with a reasonable explanation as to why you were going that fast. Be as honest as possible, but of course don't tell him or her that you drive that way all the time (even if you do).

Cross your fingers and hope for traffic school.

Oh, and NY state doesn't import out-of-state traffic citations as far as I know; there was a thread on that topic discussed here last week.


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when you get the ticket in the mail, see if you can go to the court website. for LA county, it's www.lasuperiorcourt.org or something like that. request traffic school through that. If it lets you, take the traffic school, pay the fine, and be done with it. If it denies you traffic school, wait until the bail is almost due, then request a trial by declaration. Essentially a trial by mail. If you're still found guilty, request a court date, and keep pushing it back. Hopefully by then, the cop will have forgot about the details.

 

A highway is a divided road. Any street with a center divider counts as a highway.

I've done traffic school for 90 in a 70 in California, so just wait for your court notice to arrive in the mail and see what it says. You can call the court and talk to a clerk.. they're pretty knowledgable on what you should really expect.

When you receive the courtesy notice, it will tell you if you're eligible for traffic school. I've never gotten a ticket for 30+ over, but you may still be eligible. If you are, it will contain a list of approved traffic schools, some of which are online courses. If an online course is allowed, I recommend trafficschool.com.

Speeding tickets are a source of revenue for counties. The courts would prefer to let you take traffic school and take your money than do anything else.

If you want to fight the ticket, there are several threads here.. probably in Off Topic.. that deal with that subject, and suggest approaches you can take there. Since it's your first ticket, the safest route is just to pay the fine and take the traffic school, if that's available. If traffic school isn't an option, then I suppose you have nothing to lose by fighting it.

2003.5 G35 Sedan Desert Platinum/Graphite Premium/Sport/Aero/Nav/Winter

 

Will I receive anything by mail though? On my ticket, it clearly states that I have to appear in court on or before March 22nd. Some people say that I should receive something in the mail and some people say that I just have to go to court.

I want to make sure of this because if I talk to someone at the traffic court (probably a clerk), I don't want to admit that I was speeding, unless I know for sure that I can get traffic school... I am hoping that since this is my first ticket in CA (in 4 years) that I will be elligible for that, so that I don't get any points on my license. Thanks for the advice.

If I do fight the case and this does go to court, I have nothing to say that I wasn't going 83, because the cop showed me the radar gun (and like I said, it was callibrated)... If I do go that route, then I have to hope that the cop doesn't show up...

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Generally speaking, traffic school is not permitted for violations in excess of 25 MPH over the posted limit , However, the judge does have discretionary powers and can allow traffic school. The very best thing to do is appear in court - contact the court if you don't receive a notice in the next 2 weeks - and politely ask the judge to permit you to attend traffic school, citing your previously clean driving record. It will cost you about $35 plus the fine (which is likely to be in the neighborhood of $300+). The judge will likely ask the officer the circumstances and for a report on your level of courtesy and cooperation when you were cited - if the officer reports that you were respectful and courteous, the judge will most likely grant your request and admonish you to not darken his doorway again :-)

BTW - most states (if not all) share your driving record... if you get a ticket in CA, it will show up in NY... and the reverse is true as well - I know from 1st hand experience [img]/w3timages/icons/cool.gif[/img]

 

I imagine a world... I'm cruising down in 4th gear. I see a cop in front of me. I drop to 3rd, pull by him. Smile and back to 4th to get to 100mph... He can do nothing.

This is definitely not anywhere I know of.

Black / Black 2004 GcoupeMT. Premium. Splash Guardz.

 

The fact that you didn't have a front license plate on the car doesn't matter to a radar gun. It would still be able to accurately determine your speed from other surfaces on your car.

The citation you received from the Officer shows you the LAST day you can attend court - you can go earlier if you'd like. The courtesy notice may change that final date but the point is that you can attend anytime between now and that final date. If you have an off day I would recommend going in to enter your plea in front of a judge. Only "NOT GUILTY" is acceptable. If you claim "Guilty with an explanation" or "No contest" or anything except not guilty the judge will issue your sentence right at that moment. If you plead not guilty then the court will issue you a trial date at which time the officer will be present.

You're not automatically eligible eligible for traffic school based on the fact that you were going over 20 miles above the speed limit.

If you do the trial-by-declaration and lose you can't appeal and request another trial date in front of a judge. The trial-by-declaration IS your trial and the judge will issue a sentence based on the outcome. No do-overs.

The scenario I would recommend is to go on or near the last date shown on your courtesy notice and enter a plea of not guilty. You'll be issued a formal trial date, time and location. Just prior to that formal trial date attempt to reschedule. Hopefully the officer won't get the rescheduled date and won't show up for the trial in which case it will be thrown out. There's all sorts of confusion in court houses based on the volume of trials and tickets so there's a chance your dates can get mixed up. Computers are starting to get things organized (and screwing things up for speeders) so If he does show up for the second date then you'd have to put up a credible defense. (At this point you might entertain the option of hiring an attorney just in case(?)).

With the speeds you mentioned you'd probably still lose because even an uncalibrated eyeball could see that you were definitely going too fast so the estimate by the officer along with the radar gun reading would probably be enough to seal your fate. If you're not rude or insulting to the officer or the court, just before sentencing you can request traffic school from the court citing this being your first offense. If the judge liked the way you conducted yourself in court there is a chance that he'll be lenient and grant you traffic school...worked for me once.