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Speeding Ticket help

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Old Dec 15, 2005 | 11:32 AM
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Speeding Ticket help

Basic Speed Law

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.
Ok, my wife got a ticket the other day for doing 50 in a 35 on a surface street (not a highway), issued by a local PD, not the CHP. The violation is 22350, Basic Speed Law. This is our first ticket in California.... any ideas?

Some observations on the ticket:

1. Address is incorrect. I don't know what the guy was doing when he copied the addy off my her license, but it the street address is clearly not where we live. Can she get off on a technicality here?

2. Under comments on Weather, Road and Traffic Conditions, it looks like he wrote "C-D-H". I'm assuming the C=Clear weather, D=Dry road condigions, I don't know what the "H" means... I would assume "H=Heavy traffic" but my wife says that she was practically the only one on the road.
 
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Old Dec 15, 2005 | 05:26 PM
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basic speed law just means exactly what you quoted. the posted speed limit is the limit. You have a few options.
How did the officer guage her speed? Did he pace her or did he use radar?

1. fight the ticket and hope that th eradar hasnt been inpected as outlined by the manufacturer, or that the radar has a history of being inaccurate.

2. Hope he doesnt show up at the hearing.

3. Pay the fine and attend traffic school.

I have used ticket assasin in the past and fought a ticket (92 in a 45 & 65 in a 35) with a trial by declaration. My 2 tickets were within a week of each other and when I won the one case i fought, the court clerk dismissed the wrong ticket. When i complained that they hadnt dismissed my case, they went back in and dismissed the correct one, so i got a 2 for 1.
 
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Old Dec 15, 2005 | 05:35 PM
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You're only chance is go to court and hope the officer doesn't show up. The only time the courts will dismissed a case due to a technicality is if the officers' writing was illegible but lately that's not the case. Police Dept have requested some officers to take classes on writting.

Because this is your first ticket in California, you could plead to the judge in hopes in getting community services vs the fine and point to the insurance. Good luck!
 
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Old Dec 15, 2005 | 06:58 PM
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hey man ill email you a good book or guide that will jelp you out. PM me your email addy.
 
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Old Dec 15, 2005 | 06:59 PM
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the file is 1.84 MB so I cant attach it here. Sorry
 
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Old Dec 16, 2005 | 12:40 AM
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Thanks for the replies. It was a paced ticket, the write-up does not indicate that radar was used.

Kamal34 - email addy is shadyjc@charter.net - thanks!
 
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Old Dec 16, 2005 | 02:15 AM
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me 2 me 2.. klumzyee@gmail.com
 
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Old Dec 16, 2005 | 04:17 PM
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Angry grrrr.....

i just got a ticket about a week ago, here in san diego. this guy was pissin' me off, so i let him get ahead of me, then i tailed him for about a mile. well, i tailed him at about 100mph.

anyway, he exited, and i immediately slowed down, but when that happened, low and behold, the black and white shows up. he says he didn't clock me though, and that he only saw me "pass him up like he were standing still." anyway, he estimated my speed and wrote it down on the citation (95 in a 70). anyway, i'm going to try to fight it by using the "trial by written declaration" option (which is located in the back of the ticket). what do you guys think my chances are of winning?
 
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Old Dec 16, 2005 | 06:13 PM
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if he doesnt respond to your written declararation....you win.

Your chances are only as good as how lazy the CHP officer was. Does CHP get overtime for appearing at trials? if so, you may be SOL.
 
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Old Dec 16, 2005 | 06:42 PM
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Originally Posted by GP1
if he doesnt respond to your written declararation....you win.

Your chances are only as good as how lazy the CHP officer was. Does CHP get overtime for appearing at trials? if so, you may be SOL.
i guess there's no harm in trying, eh?
 
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Old Dec 16, 2005 | 07:00 PM
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Originally Posted by GP1
Your chances are only as good as how lazy the CHP officer was. Does CHP get overtime for appearing at trials? if so, you may be SOL.
I think this is the route I am going to try as well (Trial by written declaration). I think I read someplace that the officer will get a few hours of overtime for going to court - so there is an incentive for him to appear... but there is no extra pay for having to write up a defense to a written declaration, so unless he is extremely diligent about it, it is less likely that he will actually follow through.

Additionally, with a trial by written declaration, if you don't win on your first try, you can request a "trial de novo" or something like that - essentially a second chance.
 
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Old Dec 16, 2005 | 07:06 PM
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some good info I would surely use later down the road.

wish i had it years ago though lol
 
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Old Dec 17, 2005 | 01:17 AM
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guys, try this link

http://ticketassasin.com/
 

Last edited by GP1; Dec 17, 2005 at 01:19 AM.
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Old Dec 17, 2005 | 10:27 PM
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Originally Posted by GP1
guys, try this link

http://ticketassasin.com/
Not only that, but there was a discussion about this a month or two ago in the Socal forum. Try searching about tickets. I left a couple links that give good step-by-step info.
 
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Old Dec 17, 2005 | 11:07 PM
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some good info, possibly useful down the line. ive never got a ticket (knock on wood) but who knows...

a couple questions? (these will sound ignorant probably)

1. does going to court cost anything other than gas and time? whats steps do you take to get a trial?
2. whats a "written declaration"?
3. is it completely cleared off my record? insurance will not go up, dont have to pay for ticket...

ps - kamal can u send it to me too!
jliu21@saddleback.edu
 
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