Speeding ticket

Charlesbusa

Used to be a SoCal Busa
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Well I was ticketed just cruising on the freeway by the CHP.  He didn't give me an inch of slack.  85(exactly what I was doing) in a 65.  So here is the queston;

I have allready filed for a 60day extension.

One of the options is to plead "not guilty" and I may avoid a court appearance by completing a trial by declaration form.  What is that??

I want to try and save my once every 18months traffic school for a possible future ticket, so I'm looking to get around this one if possible.

What are your guy's thoughts??



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wow....dunno. I don't really understand the traffic laws as they apply back there. Bad enough you Californians have a ton of em...


Good lawyer? Sorry bro...best I can come up with for now...
 
From what I have heard (East County San Diego) is that your day in court isnt really an apperance in front of a judge, it is a day in front of a clerk behind a counter. Not really the answer to the asked question but I dont think that the clerk is going to be very understanding. The ticket kinda sounds like "quota time".
 
You have already heard this, but for those who haven't....

ALWAYS ALWAYS ALWAYS fight it!

#1 Get the extension ( as many as you can, the more time passes, the better)
#2 Plead not guilty at the arraignment
#3 Go to the trial prepared and hope the cop doesn't show up

If the cop doesn't show, your case is dismissed (You get off clean!)
If the cop does show, then you have to decide to either fight it or change your plea to guilty

If you fight it, make sure you have done your research about the location, traffic, laws, etc and have a good defense, or hire an attorney that does this to do it for you. (It may cost more, but they will get you off)

If you don't feel you will win, then change your plea to guilty and the judge will usually allow you to take traffic school and keep your record clean.

Always listen carefully to the judge before court begins, many of them make a speech about how they like to run things. Follow his'her orders and listen up when they talk about things like your plea and how they will handle it. Some judges will let you take traffic school if you plead guilty, but if you fight it, they won't. Either way plead not guilty at the arraignment and wait for the trial to decide if you should change it or not.

But ALWAYS fight it and drag it out as long as you can. You can even request that the trial be delayed by telling the judge you are "willing to waive time". This means that you understand your right for a speedy trial and are willing to let the trial be set for a later date (rather than within the usual 60 days).

I have have a friend who had gone into court and because he dragged it out for over 6 months, the cop didn't remember the incident and the judge dismissed the case. Several times I have heard of people setting it for trial and then the cop doesn't show (this happened to me a few times).

I am sure the current LEO's can shed more light on this, I have been out of the loop since '97, so there is alot I have forgotten. Also, this is in California, so your area may be different. Judges are given alot of discretion, so they can be really cool/easy on your or total hard-asses.

Another thing to remember, California CHP (state police) almost always show up in court...that is all they do...write tickets and show up in court. You are much better off if the ticket you get is from a city cop or sheriff, they are less likely to show up as they have many different situations they encounter on a daily basis and are less concerned about tickets (the exception being of course, motor officers).

GOOD LUCK! Hope this helps someone!
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20 over here gets you a nice tow truck for your bike... Then they wonder why the squids run...
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20 over here gets you a nice tow truck for your bike... Then they wonder why the squids run...
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Only thing is...EVERYONE around the LA area does 15-20 over on a daily basis. The guy doing 65 is the one everyone is honking at and getting pissed off at! lol CB was going with the flow when he got pulled over, just relaxed and heading home. You have to do 90 around here to stick out at all and actually be passing someone (heavy traffic rush time excluded...then it's just a parking lot!)
 
Check out the options for deferred adjudication -- Pay a court fee of some sort, and promise to not be a bad boy for x-amount of time, and it's off your record completely.
 
Anyone know about the option to plead "not guilty" and I may avoid a court appearance by completing a trial by declaration form?? I've never heard of trial by decalaration...
 
Trial be written declaration: You send in the money (bail) and they send you paperwork. You fill it out complete with your story and then send it in to the judge. He reads it, makes a decision and then sends you the results. If he finds you not guilty, your bail gets refunded. If you are found guilty, they keep the money.

There is also a "Trial de Novo"....ask Bulletbkr on CC more about that....I think you can do that , then do the written declaration if it doesn't work.
 
Thanxs for help.  Good reading there.
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Check out the options for deferred adjudication -- Pay a court fee of some sort, and promise to not be a bad boy for x-amount of time, and it's off your record completely.
what he said this is what I always do, save my defensive driving for later. In Texas you have to take a defensive driving w/deferred but its better than a 20 over on your record.
 
I had gotten a ticket for going twenty miles over and talk to the DA. He had it dropped to 15 and i got a prayer for judgement so i have to go 3yrs without a ticket to have it erased and next feb will make yr 3. i had to pay court cost though but no fines. i think its fugged up how the DA can get mphs dropped but you cant do it yourself.

Oh yeah and for the going with teh flow of traffic i read in an article written by a cop "When you go fishing to you catch all the fish in teh lake"?
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CB,
Not sure how it works in California. Even in NY there are different ways different Courts handle traffic. Some have no pre-trial plea, DA, plea bargaining,etc. some do.

If you have an option to request a supporting deposition, that's first step. That should give some specifics on how he estimated speed, what type RADAR he used, etc..

If there is a DA prosecuting you can try to discuss a plea bargain. Wish I could help more but things are a bit different from jurisdiction to jurisdiction. I've never heard of a trial by declaration form.

I'm sure CHP are up to date on training, have calibrated equipment, take notes on stops, etc.. But if you do go to trial you can request documentation on just about everything.

If you get more specifics PM me, I'll try to give some insight. Good luck.
 
Wow,

Southern Illinois rocks I guess, You get a ticket go to court ask for court supervision and bam you gotta pay the fine but as long as you don't get another ticket in THAT County for 3 months it is dropped from your record
 
dude, if it was CHP, you are F'ed. I got screwed with by one down here in SD; story is longer than i want to type, but let's just say some guy on a Busa just like mine must have F'ed his girlfriend earlier in the week (and i was only doing 20 over, in a 65, on the freeway... where as you know, most people go 80-85). most judges won't allow you to change your plea in order to take traffic school if you have already pleaded innocent, everyone would do that otherwise. unless the cop made a blatant mistake, take traffic school. you can do it online now. traffic101.com. that is what i did. the CHP really have a problem with guys on bikes out here. hell, they even have a problem with their own that patrol on bikes. i've seen it. they don't even hang together.
 
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