We'll the one time I didn't bring my v-1 I paid for it big time, I got 78 in a 35. However this part where I was speeding there is nothing around and literally next to a freeway. Officer pulled me over and gave me a 22350 which is unsafe speed and let me go. I get the ticket in mail and it was a pricy one 550. I've talked to a few lawyers and there all around 500-600. Because I was double the speed the point will be almost impossible to drop and only a fine reduction from what I was told. No I don't qualify for traffic school:bash:. I'm thinking if it's even worth hiring a lawyer at this point if I have to pay 5-600 and they might reduce my fine by half with my point still there. One lawyer said they might suspend my license but I have no points this year,no DUI, nothing like that and the ticket is just a hefty fine not reckless or anything. Should I lawyer up or try and get the fine dropped myself and pray he doesn't show up?
double the speed limit
- Thread starter makevelie187
- Start date
From my experience, and a few friends that are LEOs, I wouldn't count on the officer not showing up. They've changed regulations about that, now some places offer 1.5x pay for court, others have negative repercussions for not showing up for traffic court.
Also the points are on your license longer than a year, have you plead NOLO?
Also the points are on your license longer than a year, have you plead NOLO?
Quickly, before I type my response, I need to state to anyone reading that I don't condone what the OP has done but have also been in his shoes, prior to entering into law enforcement (in my case, it takes one to catch one). He's asking for help and I have some experience in this area.
Ok, you were written up under the basic speed law. Now, my body of knowledge is a bit dated, but I have time & again seen Prima Facie brought up successfully while I was in CA--as a SDPD officer. Can any CA LEOs help me out here? Something about conditions present allowing, a motorist can travel at so many mph above the speed limit on SURFACE STREETS. Has that changed?
Check out the laws reference Prima Facie speed...Surprised the lawyers didn't bring this up...? Again, I only know about this because I've seen fellow cops lose in Traffic Court. (remember: in California, highway is defined as a roadway, whether it be single lane or higher. Freeway is a freeway)
Quick Google brought this up: https://www.fremont.gov/DocumentView.aspx?DID=1421
V C Section 22357 Increase of Local Speed Limits to 65 Miles Per Hour
& Check out section 2 on Traffic Surveys (this used to get our Traffic Division, from time to time) https://www.dmv.ca.gov/pubs/vctop/d17/vc40802.htm subsections (A) through (D) really drops the boom on whichever cop did the survey. A good traffic court attorney would request all supporting documents be provided by the citing officer (again, seen all this for myself. Our judges seemed to side with motorists that came prepared and knew all the applicable sections and subsections) and grill him on conditions present and certifications, how speed estimate (your speed) was estimated, training & experience, etc.
After all this typing, i must stress that my body of knowledge is from the 90's, but--based on Google research--might still stand. I have lost a few Traffic Court (not many) cases on very minute technicalities. Maybe you have a chance.
My thoughts were under the cv 22350 it specifically says "highway" nothing about a roadway which I was on. Im not sure I have anything but I know these law are so specific I might have something.
Come on...just pay the fine. You were speeding and got caught...plain and simple.
You know if this wasn't job dependent i honestly would, i do HVAC and work in the union and its great job and i drive a company vehicle so i have to try and keep my record as clean as possible. If i had a desk job or something that wasn't dependent upon a clean driving record i would have asked for a reduction in fine and called it a day.
Get a lawery who's been around a while and buddies with the DA, they will get the DA to drop it and everyone goes about their business. Remember speeding is $$$ so don't do it unless u have a lawyer with the means to get u out of it.
Just out of curiosity, what agency stopped/cited you?? Most (if not all) agencies in Cali. now require their officers to show for court or they get in trouble. Like what was said above...... you got caught, now just pay up and move on.
its a back road stretch where there isn't anything around no sidewalks no houses and straight for about 1/4 mile 4 lanes, 2 each way. Its ridiculous that the speed limit is 35 everyone drives 50-55 and when you have a 600+ rwhp z06 it doesn't take but one blip of the throttle to get to 80 from 40 lol. I honestly was just at the worst place at the worst time with this one. I found a lawyer already.
The reason you want the lawyer is because the they will get the charge reduced or eliminated from your record. You don't want that showing up on your record every time a cop pulls you over for the next 7 to 10 years. Those prices are reasonable considering the charge against you.
What agency cited you?
The fact you say you forgot your super fancy radar detector tells me you deserve your ticket. How many times did it save you from getting a ticket you rightfully deserved?
Funny how in the mid 2000's, I stopped using a radar detector. Since then I have yet to receive a traffic violation, but never exceeding more than 5-7mph over the limit helps. Yes, I have my quick blasts of acceleration once and awhile, but normal commuting is just that. No need to speed. Most of the time when people speed by me, I meet up with them after the off ramp etc. People just don't get it.......
How's your driving record? The judge may let you off light if you just plead guilty and apologize. I've had fines removed completely just for that. But if you go in trying to play the system, the system might just play you.
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