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Is a Written Declaration Worth It is This Ticket Worth Fighting

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  • 03-28-2012, 05:27 PM
    whitsittkillz
    Is a Written Declaration Worth It is This Ticket Worth Fighting
    My question involves a traffic ticket from the state of: California

    So my situation is the fact that I am a college student and have a really hard time paying these ridiculous tickets. Anyway So I received a ticket a couple months ago for my taillights being out and 82 in a 65. I basically realized that my fuse blew so my taillights weren't on at night. I am sure I was not speeding though. I was in the slow lane and there was no traffic. I remember going 68 on my speedometer then got caught behind a car going 50 which I stayed behind because I wasn't in a rush. Next thing I know I am getting lit up by a CHP officer. Now when he pulled me over he stated that I was going 82 which I really do not think I was. Anyway, I got two tickets which came in the mail as CVC22349(a) and CVC24252a.

    When I looked at the citation part he put my truck as a 1994 Toyota when it is really a 1999 Toyota. My registration clearly states that it is a 1999.

    I have no problem pleading guilty to my taillights being out cause they legitimately were but what about this speeding ticket? It is very important that I can fight out of this because I am also an ambulance driver. My record is checked all the time and having a clearer record just makes it easier for future jobs that I would like to apply for.

    Is this worth fighting out? Or should I just suck it up and go to traffic school?

    It would be a huge help for me to not get this ticket, I really don't agree about it. I have always paid off past tickets because I knew I was in the wrong, but in this situation, I don't feel like it was. The officer was rude and I felt like it was an overuse of power.
  • 03-28-2012, 06:19 PM
    That Guy
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    Quote:

    Quoting whitsittkillz
    View Post
    My question involves a traffic ticket from the state of: California

    So my situation is the fact that I am a college student and have a really hard time paying these ridiculous tickets. Anyway So I received a ticket a couple months ago for my taillights being out and 82 in a 65. I basically realized that my fuse blew so my taillights weren't on at night. I am sure I was not speeding though. I was in the slow lane and there was no traffic. I remember going 68 on my speedometer then got caught behind a car going 50 which I stayed behind because I wasn't in a rush. Next thing I know I am getting lit up by a CHP officer. Now when he pulled me over he stated that I was going 82 which I really do not think I was. Anyway, I got two tickets which came in the mail as CVC22349(a) and CVC24252a.

    When I looked at the citation part he put my truck as a 1994 Toyota when it is really a 1999 Toyota. My registration clearly states that it is a 1999.

    I have no problem pleading guilty to my taillights being out cause they legitimately were but what about this speeding ticket? It is very important that I can fight out of this because I am also an ambulance driver. My record is checked all the time and having a clearer record just makes it easier for future jobs that I would like to apply for.

    Is this worth fighting out? Or should I just suck it up and go to traffic school?

    It would be a huge help for me to not get this ticket, I really don't agree about it. I have always paid off past tickets because I knew I was in the wrong, but in this situation, I don't feel like it was. The officer was rude and I felt like it was an overuse of power.

    Was the 24252(a) marked as correctable? If it was marked as such, you can fix your lights and get that part dismissed after paying $25 admin fee...

    It typically is near impossible to argue a 22349(a) case on merit and win. And your version of events is not even close to being a viable defense. So I would normally suggest traffic school for that one. If the problem is that you cannot afford it, most courts require you to post bail in the full amount of the fine before you can opt for a trial by declaration or a court trial; whereas if you plead guilty, you can ask for an extension, a payment plan and you might even see a fine reduction at that stage...
  • 03-29-2012, 12:19 AM
    lostintime
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    What was the speed measuring device? Such erroneous readings are actually very common with LIDAR if it's not mounted on a tripod.
  • 03-29-2012, 09:41 AM
    davidmcbeth3
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    Quote:

    Quoting lostintime
    View Post
    What was the speed measuring device? Such erroneous readings are actually very common with LIDAR if it's not mounted on a tripod.

    True or not; this would require expert testimony to actually have the judge listen to it. LIDAR has major issues with panning (just one issue) and also with the scientific theory behind it in use in the environment it is used in.

    But one can always object that the state has not shown that the device has been given any judicial notice & hence requires an expert to testify for the state before the measurement can be admitted into evidence.
  • 03-31-2012, 05:20 PM
    whitsittkillz
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    So the fact he wrote the wrong year can't help me either?

    I wouldn't care much about the ticket, but I am so sure I wasn't speeding. I just don't what to explain another ticket to my employer. I currently carry a pointless record but had a lot of stuff come off.
  • 03-31-2012, 06:44 PM
    lostintime
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    They can write down the wrong gender, address, time of day/night, it won't matter. If they write down the wrong person or car model, you could make an argument then the entire thing was a mistake. What was the speed measuring device?
  • 04-01-2012, 07:33 AM
    That Guy
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    Quote:

    Quoting whitsittkillz
    View Post
    So the fact he wrote the wrong year can't help me either?

    I wouldn't care much about the ticket, but I am so sure I wasn't speeding. I just don't what to explain another ticket to my employer. I currently carry a pointless record but had a lot of stuff come off.

    the wrong year could be a typo, you can go to trial and show proof that you have a 1999 and not a 1994 but all that is going to do is get the typo corrected.
    It has zero effect on whether you were or weren't speeding!

    And you will still lose with "I am so sure I wasn't speeding"... (even if he had written down the wrong car model - in spite of what losthismind says)!


    Quote:

    Quoting lostintime
    View Post
    What was the speed measuring device? Such erroneous readings are actually very common with LIDAR if it's not mounted on a tripod.


    Such idiotic comment will not change the fact that a tripod is NOT required in the state of California, or in ANY state in the Union for that matter... Not even in your state!!!

    You've been told that several times... So are you really that thick headed or are you playing stupid for a reason?
  • 04-01-2012, 01:25 PM
    lostintime
    Re: Is a Written Declaration Worth It is This Ticket Worth Fighting
    I know that. If it was required, they'd only lose money. Couldn't feign sweep error then to add on speed.
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