Fight My Speeding Ticket

[DoctorP]

My question involves traffic court in the State of: California

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edit: title should be Help Me fight my speeding ticket

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Ok so I was coming home from work at Cedars Sinai, and less than 8 miles away from home, I had an encounter with any drivers worst nightmare. There was a cheeky little CHP motorcycle cop hiding in the shadows under the overpass of the 14 freeway. He started following me, so I took the exit and he said his radar clocked me at 80, whether or not this is true I do not know. I know that I was going at a safe speed with the flow of traffic, but I didn't bother arguing with him and I didn't bother trying to pull my doctor card because it was late and I just wanted to get home and was not in the mood to argue. Well, I have 150,000 dollars worth of loans over my shoulder and I do not need a speeding ticket fine, so I want to fight this.

So I figured I would begin with a trial by written declaration. After I get my courtesy notice, should I try to extend the court date for a couple of months so that I can get as much time between my trial and this incident as possible. After I get an extension, when would I file my tbwd. Do you guys have any advice on what I should write?

Now lets say that after the tbwd the judge finds me guilty. Then I would file a trial de novo. Can I just somehow send a letter asking the judge for a plea of no contest and an online traffic school (this is my first offense). If I do decide to go to court, which will probably be a long shot given my tight schedule, and the officer does show up, when can I ask the judge for a plea of no contest and traffic school so that I can be on my way as quickly as possible.

I know this is a long post, and I know that I am a new member to this site (trust me I did no plan on ever having to use legal services for my driving), but I would appreciate it so much if someone can give me some advice on the matter.

Thanks in advance,
Doctor P

[That Guy]

I know that I was going at a safe speed with the flow of traffic, but I didn't bother arguing with him and I didn't bother trying to pull my doctor card because it was late and I just wanted to get home and was not in the mood to argue.

You were cited for exceeding the maximum 65mph speed limit. Which has very little if anything with "safe speed". As for the "flow of traffic" it is likely that you were the fastest at the time the officer clocked you, so that's not going to do much in the way of a defense.

Well, I have 150,000 dollars worth of loans over my shoulder and I do not need a speeding ticket fine, so I want to fight this.

Aside from the fine amount, you should also consider what effect if any, a guilty finding will have on your insurance premium (a question that only your insurer can address)... So if it were me, and based on what you've posted, a guilty finding the the more likely outcome I'd consider the traffic school option more seriously

Now lets say that after the tbwd the judge finds me guilty. Then I would file a trial de novo. Can I just somehow send a letter asking the judge for a plea of no contest and an online traffic school (this is my first offense). If I do decide to go to court, which will probably be a long shot given my tight schedule, and the officer does show up, when can I ask the judge for a plea of no contest and traffic school so that I can be on my way as quickly as possible.

You are only guaranteed the traffic school option if/when elected at the arraignment (your first hearing). Whether such a request will be approved or denied -after a TBD or a trial- is up to the discretion of the judge.

[DoctorP]

Thanks for the reply...so you are saying that I should not try a tbd? I know this will affect my insurance, that's why I want to go to traffic school, but my time is very limited so I was wondering if they could give me some online class. This ticket will probably cost me a pretty penny, so I would really like to fight it if I could or try to get the fine reduced. Do you have any advice for that?

[That Guy]

so you are saying that I should not try a tbd?

No... What I am simply saying is that fighting a citation (whether by TBD or court trial) may result in your being unable to use the traffic school option to attain a dismissal.

I know this will affect my insurance, that's why I want to go to traffic school, but my time is very limited so I was wondering if they could give me some online class.

You'll have to check with the court for a list of approved traffic school program providers.

This ticket will probably cost me a pretty penny, so I would really like to fight it if I could or try to get the fine reduced.

You can appear in court for the arraignment, and request a fine reduction from the judge. Keep in mind that the 1-15mph in excess of the limit carries the lowest fine amount. So whether the judge will be willing to reduce it further is up to his/her discretion.

Good luck!