Speeding Ticket 120+mph CA

SIr RicCuS

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Ticket finally processed and mailed to me, a mandatory court appearance is required. I haven't decided yet whether I'll get a lawyer or not. Court appearance will be in the next couple weeks.

Knew I was correct about that unfortunately. Lawyer up, buddy. It's not worth the risk.
 

redfirepearlgt

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I don't which would be more concerning, jail time/license suspension or the soon to arrive smiling insurance agent with the revised premium for the next 3-5 years. Either way you're gonna take a drilling right in the bumpus.
 

TERMINATED97

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I got a speeding ticket for 127 in a 45 about 6 years ago. I immediately got a lawyer. The fine was $900.00 plus $600.00 for my lawyer. I got six months court supervision.
 

Fun4me

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You need a lawyer thats friends w/ the prosecutor and the judge.
Remember that whatever you pay the lawyer is nothing compared to how much your insurance will go up for the next 3 years. Try to plea to a reduced charge w/ some sort of supervision that wont get reported to the insurance. I would budget 1k for the lawyer and 1k for the fine/drivers scoool/ etc.

A connected lawyer could get this dropped. The question is how to find one.
 

Z06kila_donkey

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I highly doubt jail time, if on the citation it states infraction you're just going to get smacked with a fine close to $1000.
I was caught doing a test pass in the SFV in my Mach 1 (90 in a 35 zone). I have 2 prior misdemeanors (I was arrested and got my car impounded the second time) when I was 18 and 21 (I'm 25 now)for speed contest and i was given a $700 fine and granted traffic school. Definitely not something to brag about or be proud of, but getting a lawyer, in some cases, is unnecessary. Just have your checkbook ready
 

g00se

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It is marked as a traffic infraction on the ticket, not a misdemeanor.

Update: The arraignment was Friday. I had not come to terms with counsel and decided at least for the arraignment, I could satisfactorily represent myself. I explained a little of my case to the judge and was granted a continuance of arraignment and a change of court house (from asking around I had heard the court I was assigned to was notoriously strict). However, I wouldn't necessarily recommend this approach. To give counsel every opportunity to earn a favorable ruling, hire a good attorney up front. If I wasn't granted the continuance, I would've plead not guilty and been assessed a trial by judge, which limits your options. A trial by written declaration can be a good way to go (you will absolutely lose) but you can learn what the officer's knowledge of the case is, and then proceed with a trial by novo and be better informed of the other sides arguments. If you want to represent yourself, dress professionally, do your research, listen attentively to pleas of others that go before you and assess the judge, be familiar with law terms, and always use "Your Honor."

To a point mentioned in this threat, my insurance carrier is State Farm; I have one point on my record, and my rep ran a what-if scenario if this ticket were to go on my record. He came back and said I would be refused coverage. In addition, like others have said, the fines for this kind of ticket (22348b) in CA are around $1500 plus suspension of license for 30 days.

Will continue to update.
 

RDJ

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Maybe I don't understand Kali court system but if you were "arraigned" doesn't that mean it is indeed a criminal case regardless of how it is described on the ticket?
 

silver03svt

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Maybe I don't understand Kali court system but if you were "arraigned" doesn't that mean it is indeed a criminal case regardless of how it is described on the ticket?

This. Majority of court systems will arraign misdemeanors ONLY if they are saying you could receive ACTIVE jail time as part of the punishment.
 

testorossa1989

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To a point mentioned in this threat, my insurance carrier is State Farm; I have one point on my record, and my rep ran a what-if scenario if this ticket were to go on my record. He came back and said I would be refused coverage. In addition, like others have said, the fines for this kind of ticket (22348b) in CA are around $1500 plus suspension of license for 30 days.

I tried to explain this before..
 
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mswaim

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It is marked as a traffic infraction on the ticket, not a misdemeanor.

Update: The arraignment was Friday. I had not come to terms with counsel and decided at least for the arraignment, I could satisfactorily represent myself. I explained a little of my case to the judge and was granted a continuance of arraignment and a change of court house (from asking around I had heard the court I was assigned to was notoriously strict). However, I wouldn't necessarily recommend this approach. To give counsel every opportunity to earn a favorable ruling, hire a good attorney up front. If I wasn't granted the continuance, I would've plead not guilty and been assessed a trial by judge, which limits your options. A trial by written declaration can be a good way to go (you will absolutely lose) but you can learn what the officer's knowledge of the case is, and then proceed with a trial by novo and be better informed of the other sides arguments. If you want to represent yourself, dress professionally, do your research, listen attentively to pleas of others that go before you and assess the judge, be familiar with law terms, and always use "Your Honor."

To a point mentioned in this threat, my insurance carrier is State Farm; I have one point on my record, and my rep ran a what-if scenario if this ticket were to go on my record. He came back and said I would be refused coverage. In addition, like others have said, the fines for this kind of ticket (22348b) in CA are around $1500 plus suspension of license for 30 days.

Will continue to update.


Your statement regarding trial by written declaration is incorrect on two points:

1) You will not see the officer's written testimony (learn his knowledge of the case) since his response will only be reviewed by the judge.

2) Statistically-speaking, you have a better chance of winning in a trial by declaration than you do via "trial de novo".

The downsize of a trial by declaration is you give up rights and you are stuck with your written testimony since it will now be the baseline of your defense. You will find it difficult to add, subtract or to change it in any way without losing favor with the judge.
 

g00se

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This. Majority of court systems will arraign misdemeanors ONLY if they are saying you could receive ACTIVE jail time as part of the punishment.

The way I understand it, the officer marked it as an infraction, but the judge could up it to a misdemeanor for reckless driving in which case jail time is possible.

I tried to explain this before..

:thumbsup:

I love reading stories like this. Makes me think twice about doing the same.

:rockon:

Your statement regarding trial by written declaration is incorrect on two points:

1) You will not see the officer's written testimony (learn his knowledge of the case) since his response will only be reviewed by the judge.

2) Statistically-speaking, you have a better chance of winning in a trial by declaration than you do via "trial de novo".

The downsize of a trial by declaration is you give up rights and you are stuck with your written testimony since it will now be the baseline of your defense. You will find it difficult to add, subtract or to change it in any way without losing favor with the judge.

Sounds like the best route is to enter a not guilty plea and let counsel build a defense and put the burden of proof on the officer. As well as I can recall, there was no hard evidence of me doing "120+". There is the account of the issuing officer and his ride-along, though I understand that the judge will side with officer's account as truth not mine.

If you don't get a lawyer your're an idiot.

I'm getting a lawyer :beer:
 

Lt. ZO6

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Sounds like the best route is to enter a not guilty plea and let counsel build a defense and put the burden of proof on the officer. As well as I can recall, there was no hard evidence of me doing "120+". There is the account of the issuing officer and his ride-along, though I understand that the judge will side with officer's account as truth not mine.I'm getting a lawyer :beer:

The officer's account is the truth, by your own admission.
 

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