Should I Contest a 83 MPH Speeding Ticket

[sfgiants38]

My question involves a traffic ticket from the state of: CALIFORNIA

Hi all,

I got cited for a speeding ticket in Truckee, CA for going 83mph in a 65mph zone on highway 80. I asked the officer if I can see the radar gun, or any proof of my speed. He said, it wasn't him who clocked me, it was another officer.

I live in the Bay Area and I haven't received my courtesy notice yet. I got the ticket 6/8/12. Should I contest the ticket and do Trial By Declaration? How likely would I get my fine reduce or ticket dismissed? Any advice would help.

Thanks,

A sad SF Giants fan.

[That Guy]

I got cited for a speeding ticket in Truckee, CA for going 83mph in a 65mph zone on highway 80. I asked the officer if I can see the radar gun, or any proof of my speed. He said, it wasn't him who clocked me, it was another officer.

Even if it was him, you don't get to see the radar gun... There is not hing that obligates the officer to show it to you.

Question is... How many officers signed the citation? One, or two???

I live in the Bay Area and I haven't received my courtesy notice yet. I got the ticket 6/8/12.

If you had read the back of the ticket, you would know it takes a minimum of 21 days for the courtesy notice to get issued.

Should I contest the ticket and do Trial By Declaration?

Uhmmm.... No!

Actually, clearly, the choice is yours, just keep in mind that to contest it (whether that be via an in court trial or a TBD, you would have to post bail in an amount equal to the full fine amount -if you win, it is refunded - if you lose, the court keeps it in lieu of the fine).

How likely would I get my fine reduce or ticket dismissed?

To get the fine reduced you don't do a TBD, you ask for a reduction at the arraignment. (Yes, that means you would have to appear in Truckee).

To get the ticket dismissed, you come up with a valid defense and with a maximum speed citation, and since you were clearly over the maximum limit of 65mph, those are difficult to come by.

If it is true that the citing officer was not the officer who measured your speed (I'm guessing he might have been pulling your leg as a way to decline your request to see the radar reading), then your chances of a dismissal increase slightly. but not because you would have a legit defense, only because the chances that one officer might not appear.

A sad SF Giants fan.

My sincerest condolences... Not because you are sad, but because you're a giants fan!

[sfgiants38]

Thanks That Guy!

Only one officer signed the ticket. Yes there really were two officers. I was at the fast lane when I first saw the police car and slowed down. I then moved to the next lane when a SUV police pulled me over out of no where. So i'm certain there were two.

If I contest by TBD and lose, do I still have the option of Traffic school? My record is clean.

[California student]

If I contest by TBD and lose, do I still have the option of Traffic school? My record is clean.

With few exceptions (2 point violations, speeding 25 mph or more over, etc), traffic school is available automatically prior to trial. After trial (court, TBD, or trial de novo), it is up to the judge. Similarly that decision is up to the judge each individual time, so if you get traffic school after a TBD, then file a TDN, the judge is under no obligation to grant it a second time.

[That Guy]

Only one officer signed the ticket. Yes there really were two officers. I was at the fast lane when I first saw the police car and slowed down. I then moved to the next lane when a SUV police pulled me over out of no where. So i'm certain there were two.

If only one officer signed the citation then only one officer is required to appear and testify. I am not going to speculate if his testimony will be sufficient or not!

Yes there really were two officers. I was at the fast lane when I first saw the police car and slowed down. I then moved to the next lane when a SUV police pulled me over out of no where. So i'm certain there were two.

Of course that does not mean that one officer did the speed estimate and the other did the chase/stop/cite. it just means there were two officers on that freeway!

[sfgiants38]

So I never got the courtesy ticket and my court date is supposed to be 7/20/12. I called Truckee traffic court today and she said it's not been processed yet. When I told her about the court date she said I will get a new one when they process it and to call back. She then quickly hung up the phone.

Silly question but does that mean I don't pay until I get the courtesy notice?

[That Guy]

So I never got the courtesy ticket and my court date is supposed to be 7/20/12. I called Truckee traffic court today and she said it's not been processed yet. When I told her about the court date she said I will get a new one when they process it and to call back. She then quickly hung up the phone.

Silly question but does that mean I don't pay until I get the courtesy notice?

Well, you cannot pay simply because the citation is not in the court's system and as such the court could not credit your bail/fine to the proper case #.

While I normally would recommend you still appear on the date shown on the citation, and if it still not filed to request a dates court stamp as proof you were there.

In this case, and since you are quite a distance away, and assuming you still have not received anything by that date, I would suggest calling the afternoon before July 20th,, make sure you get the name of the person you spoke to and document the time of the phone call and make sure it appears on a bill you can show.
I don't think I have ever come across any situation where that has helped, but you don't want to be the first one where we could say "you should have..."