22349(A) VC in California
Thanks in advance to all that take an interest in this post.
My question involves a speeding ticket from the State of: California
My wife and I were traveling north on I-5 in Siskiyou county. The officer that pulled us over claimed that he RADARed us doing 81 MPH in a 65. I honestly don't know how fast I was going, as I was simply moving with the ebb and flow of the traffic. In fact I and another car had just finished passing a semi when the cop came after us, we both moved into the slow lane, but unfortunately I was the one pulled over :( . In the end, he marked the approximate speed at 75 and said that this was to give me an "insurance break". Thanks, I guess :p
So a couple of things: 1) My wife and I live 6 hrs away from where the ticket was issued. The officer said I could fight the ticket by mail if I so chose. But, is there any point in doing this or should I just count my losses, pay the fine and move on? If I were to fight the ticket by mail, is there any specific protocol I should follow in doing so?
2) I've read that sometimes a glaring typo on the citation can get it thrown out by the judge. On the one I was given, the officer marked that I was the registered owner of the vehicle. However, I'm not. We had borrowed the car we were driving from family and it is registered in their name. Is this possibly something I can work with?
Thanks again for any advice that can be offered!
Re: 22349 (A) Vc in California
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LostAsAlways
1) My wife and I live 6 hrs away from where the ticket was issued. The officer said I could fight the ticket by mail if I so chose. But, is there any point in doing this or should I just count my losses, pay the fine and move on?
I'm not sure what grounds or arguments you'd use to fight it. Unless the officer fails to file his declaration (at which time it would be dismissed), you'd have no chance in getting a dismissal. An "I honestly don't know how fast I was going, as I was simply moving with the ebb and flow of the traffic" isn't going to cut it. Far be it to make that decision for you though, so...
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Quoting
LostAsAlways
If I were to fight the ticket by mail, is there any specific protocol I should follow in doing so?
You can start here: Trial By Declaration
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Quoting
LostAsAlways
2) I've read that sometimes a glaring typo on the citation can get it thrown out by the judge. On the one I was given, the officer marked that I was the registered owner of the vehicle. However, I'm not. We had borrowed the car we were driving from family and it is registered in their name. Is this possibly something I can work with?
Unfortunately, the name/address of the registered owner is included on the citation for informational purposes only, it is NOT directly related to the elements of the alleged violation and therefore, an error there is not going to deem the citation as defective.