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  1. #1
    Join Date
    Jun 2012
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    2

    Default Speeding, Ticket for VC 22350 and 12500

    Hi, I got pulled over in California because of speeding some time ago. It was 3 am and no traffic what so ever. I missed the first court meetings
    and therefore I was punished with a massive extra fee (300). I'm also being charged for driving without a drivers license card, but I did show him the relevant documents that clearly stated that I was a legal driver. I am an international student and my budget is very weak. I am hoping to receive some help and tips on how to get the minimum amount possible. Do you think that it is possible to be completely free of charge even if you are present without a professional lawyer given that you have solid arguments? I've attached a photo of the piece of paper that the officer wrote.

    http://tinypic.com/view.php?pic=bh6o9&s=6

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    12,153

    Default Re: Speeding, Ticket for VC 22350 and 12500

    Quote Quoting Mackans
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    Hi, I got pulled over in California because of speeding some time ago. It was 3 am and no traffic what so ever.
    But ... had you exceeded the posted speed limit?

    I missed the first court meetings and therefore I was punished with a massive extra fee (300). I'm also being charged for driving without a drivers license card, but I did show him the relevant documents that clearly stated that I was a legal driver.
    What, precisely, were these "relevant documents" that you presented to the officer?

    Unfortunately for you, the place to challenge all of this is in court ... you blew it off, and now you may have to pay the piper, so to speak. You might want to check on the possibility of scheduling a new court date. MAYBE they will agree to hear your case, and maybe they will be willing to make the 12500 violation correctable (and only $25 if that fee has not changed) if you now have a valid license.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jun 2012
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    2

    Default Re: Speeding, Ticket for VC 22350 and 12500

    He wrote aprox 60 (no radar), and i thought i was driving arround 55.

    I was showing him my permit for my driver license. Because i was still waiting for my card from DMW. The total fee was 1063 and i think that is pretty much and i dont have that money because im a poor student.

    is it something i can do or say?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,153

    Default Re: Speeding, Ticket for VC 22350 and 12500

    Quote Quoting Mackans
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    He wrote aprox 60 (no radar), and i thought i was driving arround 55.
    If the speed limit was posted as 55, then you were - arguably - speeding. If you believed that was in error, you should have gone to court, pled "not guilty" and then fought it.

    I was showing him my permit for my driver license. Because i was still waiting for my card from DMW.
    A PERMIT is not a driver's license. If the paper you showed the officer said it was a temporary LICENSE then you should not have been cited. So, which was it? A receipt for a PERMIT, or a temporary LICENSE? And, do you have a valid driver's license right now?

    The total fee was 1063 and i think that is pretty much and i dont have that money because im a poor student.
    You have few options here. You can look into scheduling a new arraignment and trial in the hopes that you can get the license offense dropped as correctable and can somehow (maybe) beat the speeding charge.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,743

    Default Re: Speeding, Ticket for VC 22350 and 12500

    While I am not trying to scare you or make this into an impossible task, you need to get some facts straight...

    For purpose of calculating the estimated fines and so I am looking at the correct penalty schedule, I am assuming that this happened between July of 2011 an January of 2012. If the time you were cited does not fall between those dates, post the date and we can adjust the amount.. Either way, I am estimating!

    In your first post and from your question "Do you think that it is possible to be completely free of charge even if you are present without a professional lawyer given that you have solid arguments?" And yet after hearing what possibly was your "solid argument for speeding" -that you were driving 55 but not 60 as cited by the officer- it is safe to assume that you really have nothing solid as a defense.

    You were cited for 2 matters, "speeding" and the "driving without a license"... And you managed to add a third HUGE problem to the existing two; a "failure to appear".

    OK, so lets look at the speeding citation:

    The posted speed limit according to the citation is 40mph.

    The officer cited you for 60mph.

    You claim you were doing 55, well, you're still above the 40mph limit and you still have no basis for your claim or any reasonable way to refute the officer's (possible) pace. (I am assuming a pace simply because the radar box has a dash in it and that usually means he paced your speed).

    3 related issues that this impacts:
    (1) it removes any possibility you having a speed trap argument (about the only way that you could reasonably assume you'd have a possible defense) and that in turn leads to,
    (2) of it makes his job of proving your guilt much easier and in contrast the end result is,
    (3) it makes your chances of beating the speeding citation close to impossible.

    So potentially, you are not likely to beat the speeding citation, and while your fine maybe reduced by the court, the court is under no obligation to reduce it for you... So for all intents and purposes, you need to assume you'll be paying the fine for speeding (Possible around $280).


    And lets look at the "Failure To Appear"

    I can tell you that as far as the "failure to appear (F.T.A.)" and the fines and penalties associated with that, it will be extremely difficult to get this charge to get dismissed by the court UNLESS you have one of a few excuses that you can document. (a) You were deployed on military duty, (b) you were hospitalized for a sever illness, (c) you had a family emergency that required your presence somewhere away fro the court. Not only does it not sound like any of the above is applicable here, it sounds as if you simply blew it off carelessly, but it sounds like it has been quite a bit of time since your scheduled appearance, and even with a legit excuse, you still failed to try and resolve the matter.

    This fine is actually split into 2.. A fine for the FTA, of approximately $154 and an additional civil assessment of $300. It is only in the rare circumstances I described above that you might see the entire amount to go away, otherwise, you are looking at a sure $300 for the civil assessment, and a possible $154 for the FTA. Again, it is possible for the court to reduce the $154, but the court is not under any obligation to reduce anything. So potentially, you are looking at a possible $154 +$300 = $454 for the FTA & fine.

    Lastly, lets look at the "driving without a license"

    cdwjava asked you some questions and the only way I can provide a guesstimate would be after you provide those answers.

    But in general, if you are in fact licensed at this time, it appears that the officer did in fact mark that offense as "correctable" on your citation and although your failure to appear means that the court can reject your correction, yo might run into a sympathetic judge who will allow you to make show proof that you are licensed, and then allow you the correction, which will reduce the fine for 12500(a) from $314 down to $25...

    So potentially,if you are unable to show proof you are licensed to the court, you are looking at $280 for speeding + $454 for the FTA + $314 for driving without a license = $1048 (close to what you stated of $1063).

    Alternatively, if you are licensed now and can present proof of that to the court, you are looking at these possible fines: $280 for speeding + $454 for the FTA + $25 for the driving without a license = Grand total of $859 or so...

    You may have some reductions but there is no guarantee for that, and you will only find out if/when you go to court.

    The problem I see with the second scenario of you being licensed now and having the ability to show proof of a valid license to the court, is simply not likely because when you failure to appear in court, and in addition to the extra fines and penalties added by the court, there is a good chance that they also notified the DMV of your FTA and requested that your license be placed on hold (i.e. suspended) which also means invalid.

    The way to resolve this is when you contact the court and request an appearance before the judge, you should be able to also request that they reinstate your license with the DMV, you would then have to go to the DMV, pay them a $55 reinstatement fee, take the written test and have your license reinstated. You would need to do this BEFORE your court appearance so that when you show your license to the judge, it will in fact be "valid" as required!

    The last thing I can possibly tell you about is that some courts offer community service in lieu of paying a fine... There will still be some administrative fines and fees you would have to pay, however, the bulk of the huge fine amount would be something you can work off instead of staying in debt to the court for what sounds like it will be a long time. So ask the court clerk if they offer community service, and if so, that is the way you could possibly resolve this soon.

    Well, one last thins is, courts that offer community service are very strict on the timing they give you to complete service. So if the judge orders you to XX hours of community service to be completed in YY days, you BETTER complete XX hours in _LESS THAN- YY days otherwise, you start getting into "violations of court orders" and judges don't like people who disregard their authority. Especially those who showed some disregard already by not appearing in a timely manner!

    Good luck!
    I am right 97% of the time... Who cares about the other 4%!

  6. #6

    Default Re: Speeding, Ticket for VC 22350 and 12500

    Quote Quoting That Guy
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    Well, one last thins is, courts that offer community service are very strict on the timing they give you to complete service. So if the judge orders you to XX hours of community service to be completed in YY days, you BETTER complete XX hours in _LESS THAN- YY days otherwise, you start getting into "violations of court orders" and judges don't like people who disregard their authority. Especially those who showed some disregard already by not appearing in a timely manner!

    Good luck!
    To add to this, granted it varies by court to court, when I last went to court for a traffic arraignment they made it clear that if you needed more time that you needed to ask before you ran out of time. They were willing to work with people, but people had to be proactive in requesting more time instead of letting time expire and then asking for an extension.

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
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    Default Re: Speeding, Ticket for VC 22350 and 12500

    Good point, CS... Of course, an extension would have worked well as far as the court appearance too.

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