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Need info about Speeding Ticket in Socal

Discussion in 'Southern California' started by rcfreak201, Jan 5, 2011.

  1. Jan 5, 2011 at 5:54 PM
    #1
    rcfreak201

    rcfreak201 [OP] Well-Known Member

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  2. Jan 5, 2011 at 6:12 PM
    #2
    jdtemple

    jdtemple Well-Known Member

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    Depending on weather and traffic conditions, you could fight it with this code listed. Your argument would be you were not going faster than conditions permitted. As long as it was a clear sunny dry day. Also, did you ask the officer what the "Critical Speed" was? Critical speed is what they determine they will right tickets for, usually 8mph+.

    I really don't see how 5mph over the speed limit is a justified ticket, did you stare the officer down as you went by?

    Also, any of the above is null and void if you admitted guilt to the officer about speeding, acknowledging ever 2mph over the speed limit will be noted on the ticket and used against you.

    Lots of options, but there are several beat my ticket websites with lots of good info.
    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.
     
  3. Jan 5, 2011 at 6:14 PM
    #3
    JKD

    JKD Well-Known Member

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    Consult an attorney.
     
  4. Jan 5, 2011 at 6:17 PM
    #4
    The1youluv2hate

    The1youluv2hate Well-Known Member

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  5. Jan 5, 2011 at 6:25 PM
    #5
    Tacoyota

    Tacoyota senile member

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    I wonder if he just gave you 1 of 3 tickets , let the tint go , i dont know Cali tint laws though.
    Going with the flow of traffic is the biggest bad hand down excuse, it really means all of you are guilty of speeding, generally 1 cop can only get 1 car.
    I suspect you can't plead , lose and settle on the class, i'd call and ask. I got a ticket for no seat belt , working as a city worker , with light on and doing traffic workin a 25 mph zone. Pissed as i was and my boss sided with me , I just went to the class.
     
  6. Jan 5, 2011 at 6:32 PM
    #6
    jdtemple

    jdtemple Well-Known Member

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    Not completely true, You will find vehicle codes, both federal and state that say what tint is aloud.
     
  7. Jan 5, 2011 at 6:32 PM
    #7
    Tacoyota

    Tacoyota senile member

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    The class sucked , ive seen so many accidents , even wore seat belt since the 80s , my dad ran an ambulance ..... so the class just brain bullied us about "your family visiting u as a vegetable , and the bills burdening others. I'm diligent about seatbelts , no doubt about the risks , i just didnt want to go to court qutoing the laws on garbage trucks/ lights and legit work zones vs a police who simply says ...."thats not how i seen it" .
    Tinting is allowed on side windows , each state has a % of tint. As far as i know , no one allows front tint other that the top.
     
  8. Jan 5, 2011 at 6:33 PM
    #8
    747

    747 function > form

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    I'm relatively concerned that you're seeking the collective legal opinion of TW regarding your alleged violation of law.

    Having said that, posting an admission of guilt online probably isn't the best way to form a defensive strategy.

    Call a lawyer.
     
  9. Jan 5, 2011 at 6:39 PM
    #9
    Caduceus

    Caduceus Well-Known Member

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    That's called something like the basic speed law. However, you're looking at it wrong. The black and white sign is the MAXIMUM speed allowed, period. The speed law says basically you can go up to the speed limit provided weather conditions allow it. If it's foggy, rainy, etc, then it's not safe to go that fast and you need to slow down. It' is NOT a "freebie" to drive as fast as you want.

    And, yeah, if you're going over, too bad. Doesn't matter if you're "going with traffic." You're ALL speeding. You just got tagged. You don't expect the guy to pull everyone over, do you?

    I've been to the traffic court in Fullerton. Expect a wait.

    What are the speeds listed on the ticket? Usually there's a "cited" speed and a "radar" speed. So, sometimes if you go 20 over, they might just write you a ticket for 10 over. There's often someplace where the ticket says the speed limit - it's possible you hit a residential or school zone (25mph in CA) and didn't slow down.

    Man up, admit you were wrong, and slow down. It doesn't affect your insurance and goes off your record in 18 months. If you're poor, or a student, or something, going to court and explaining that to the judge usually gets your fine decreased.
     
  10. Jan 5, 2011 at 6:44 PM
    #10
    Jdaniel1274

    Jdaniel1274 Well-Known Member

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    Go to court, good chance the officer will not show up and the ticket will be dropped. Also the ticket can be reduced and probation or traffic school could be an option.
     
  11. Jan 5, 2011 at 6:44 PM
    #11
    Tacoyota

    Tacoyota senile member

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    Yea, was pure scared straight stactics. When they asked several people what they did , they got me 3rd , so i just treated them like idiots( the nurse didnt deserve it ) and said " workzone , strobe lights,25 zone ,u dont preach to me i've seen more just got work to do and moving on."

    forgot to quote OP from line #13 ...... any how vegetable, they did use that word , it references a person with brain damage and no longer mentally responsive , or now mentally like a 2yr old n such . the showed footage of a few in the class.
     
  12. Jan 5, 2011 at 6:48 PM
    #12
    ktmrider

    ktmrider Senior Member

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    Ive got a suggestion, If you have a ticket of 4 or under you get no points of your licence, the arguable limit of a radar gun is plus or minus 2 miles an hour. go to court state this and then get a ticket for 3 over, pay the fine and no insurance raising. It would be like a parking ticket after that.


    Ill re-explain if I am not making sense
     
  13. Jan 5, 2011 at 6:49 PM
    #13
    slmgt

    slmgt Well-Known Member

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    Depending on the judge, you should have the option of attending traffic school after losing in court. It should be noted that having a lackluster defense and wasting the judge/court's time may have consequences (including loss at trial and refusal for judge to grant request for traffic school). If you want to fight it, follow the procedures for a trial by declaration. If you lose that, your argument is poor and you should think carefully if it is worth requesting a trial or going straight to traffic school.

    There are many strategies to challenging a ticket, whether you fight it on merit or validity or if you choose to admit guilt while requesting a lower fine, be aware this method is poorly advised.

    I will abstain from advising a strategy as the internet is ripe with strategies, some of which work well, others which do not work well.

    Most importantly, admit responsibility for breaking the law to yourself.
     
  14. Jan 5, 2011 at 9:33 PM
    #14
    JKD

    JKD Well-Known Member

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    You can gamble with the odds in the house's favor, or you can consult an actual attorney.
     
  15. Jan 5, 2011 at 9:39 PM
    #15
    drewskie

    drewskie Well-Known Member

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    here's the deal. go to court and fight it. Hope the officer doesnt show up, and have what you are going to say prepared. Explain to the judge you weren't speeding, and the officer simply singled you out. If you lose the decision, just as the judge if you can do traffic school. I have never seen a judge deny someone traffic school, just don't be a dick.
     
  16. Jan 5, 2011 at 9:47 PM
    #16
    WhatThePho?

    WhatThePho? Greg Graffin 2016

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    Some judge will give you an option of pleading Guilty and they will reduce the fine GREATLY. So either plead Guilty or read about the 85th percentile speed and fight your case.
     
  17. Jan 5, 2011 at 9:58 PM
    #17
    yamaha73

    yamaha73 Well-Known Member

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    My dad is a motor officer and me getting a speeding ticket two years ago heres wat his advice was to me, pay the ticket hands down and do traffic school, chp usually doesnt show up to court so if you got a ticket from them then go to court and most likeley it will be let go, now police departments are opposite, most departments require officers to go to court, like my dads does and he plus many other officers i know have not lost before in court. You admitted you were speeding even though it wasnt much you still broke the law. Now where i live there is a judge that he asks everyone who is hoping the officers dont show up to court to step forward and he will cut there fine in half, but on the other hand the judges here do not allow you to go to traffic school if you try and fight it. That is why i say just pay the ticket and dont get another for 18 months, the officer that gave me my ticket was going the opposite direction as i was and he said i was going 45 in a 40 :cool: now tell me how that works. but i had some illigal mods under the hood so i guess i got let go easy lol
     
  18. Jan 5, 2011 at 10:02 PM
    #18
    uood8

    uood8 If You Search...You Shall Find.

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    speedometer calibration...hello????




    ....now back to my hole.
     
  19. Jan 5, 2011 at 10:10 PM
    #19
    yamaha73

    yamaha73 Well-Known Member

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    my dad has told me that trying to go to court going against spedo calibration is kinda a hoax, hes required to calibrate it every morning before work so its good, and the officer can say "ive been doing radar for 5 years and with my 5 years of experience i can say that he was going 50 mph" this is correct isnt it
     
  20. Jan 5, 2011 at 10:43 PM
    #20
    uood8

    uood8 If You Search...You Shall Find.

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    He calibrates his RADAR, the speedometer calibration is what your truck said you were going. So if your speedometer is 4mph off, and you were doing 5 over...technically you did not know you were speeding because your vehicle mislead you. Thusfore dropped to improper equipment.

    The judge here if you bring in a calibration showing your speedometer was off he will automatically drop the speeding to improper equipment, however leaves the fine the same as speeding. The only catch is that it is reported to your ins. as improper equipment but the state and department get the money as if it was a speeding citation.
     
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