What To Do About a Speeding Ticket, "50" in a 35 mph
My question involves a speeding ticket from the State of: California
Ok. Back on June 17, I got a speeding ticket. The officer said I was going 50 in a 35 zone. The thing is I was coming down a hill were the max speed is 45. I know I was doing at least 42 coming down. I drive that hill every day from work.
He pulled me over two blocks away and said I was doing 50 on the 35. He asked for my license, registration, and insurance. I could not find my currant proof of insurance. But I do have insurance...and then he walked away to "give me time to find my insurance". Thus I got the ticket when he came back (SMOOTH MOVE). The ticket said he used a laser and now I'm being told I should have asked him to see it.
I want to plead not guilty and fight the ticket because I do not want my premium to go up. That is main reason and sole reason why I want to fight the ticket. (I have been driving a lot slower down that hill,though.)
So I've been asking around, how should I go about fighting the ticket. TBD or go to court.
If i do go to court, WHAT DO I DO?? Especially if the officer shows up? Any suggestions??
BUT THE FUNNY THING IS: I haven't received a courtesy note in the mail yet and the original ticket said report to court by September 16, 2008. THAT'S NEXT WEEK!!
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
The first court date is the arraignment - the officer will not be there. You plead "guilty", "not guilty", or "no contest". if you want to contest the citation, you plead "not guilty".
As for seeing the laser, or "lidar", the officer is under no legal obligation to show it to you and most officers will NOT let you see it for a number of reasons - safety being primary among them.
If you were cited for CVC 22350 there are angles you can pursue, and there are others here who will wander by to post some of the specifics in that regard.
- Carl
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
The first thing you should do is a search in this forum for 22350. I know I have (as well as others) posted a ton of info on beating a 22350 charge. Do some research and come back with specific questions.
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
Alright. Thanks for the responses thus far.
I have been reading a lot of helpful posts.
(I could spend days looking for info on this forum.)
So, I plan to go to court on Thursday to file a "not guilty" plea with the clerk. And I am going to bring my insurance info to get that taken off the ticket.
I'm wondering though, when should i begin to ask for the officers notes?
Should I get a traffic survey and try to prepare a speed trap case?
Also, I did get a traffic ticket last year (for a bogus left turn matter), but I pleaded "no contest" and did community service, so would I still be eligible for traffic school now?
Would traffic school be a better route to take instead of fighting the ticket?
Also, when I plead "not guilty" when do I ask for a continuance? I do want to delay this if it's a better chance of the cop not showing up, but I still want to be prepared.
I guess what really sucks is that I left for the east coast, shortly after I got the ticket, for the summer. So I feel as if I haven't had time to properly prepare for the ticket.:wallbang:And it doesn't help that I can't find the docket slip in any of my mail.
Since I'm back out here, I'm in school and working again. I just feel overwhelmed.I don't know where to begin.
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
I'm wondering though, when should i begin to ask for the officers notes?
NOW! Do this by requesting discovery. Do a search for that also
Should I get a traffic survey and try to prepare a speed trap case?
Absolutely.
Also, I did get a traffic ticket last year (for a bogus left turn matter), but I pleaded "no contest" and did community service, so would I still be eligible for traffic school now?
Yes
Would traffic school be a better route to take instead of fighting the ticket?
In my opinion... hell no!! But, that is up to you.
Also, when I plead "not guilty" when do I ask for a continuance? I do want to delay this if it's a better chance of the cop not showing up, but I still want to be prepared.
No... you won't get a continuance. But, if you want to delay, simply call the court and ask for an extension on your arraignment.
I guess what really sucks is that I left for the east coast, shortly after I got the ticket, for the summer. So I feel as if I haven't had time to properly prepare for the ticket.And it doesn't help that I can't find the docket slip in any of my mail.
You'll be fine.
Since I'm back out here, I'm in school and working again. I just feel overwhelmed.I don't know where to begin.
What are you talking about... you have already begun.
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
Ok. So I didn't make into the court today. I HAVE to go Friday.
But I've been doing great research.
Some more questions:
First off where do I go to get a traffic survey? Would that be at city hall?
Secondly, I've been reading that you can have your ticket ticket deferred? Is a deferral worth it?
From my understanding that means that I 1) go before a judge ask for the ticket to be deferred. 2) if he grants it I pay a processing fee, 3) the ticket is not reported to the Department of licensing (DOL) so its off my record(Not too clear on that). Bu t i do want it off my record cuz i don't want my insurance to go up. 4) I can't get a ticket for a whole year and I can not request a deferral for seven more years?
So that avoids a trail date and looking at the cop again, right?
But if the judge says no, I'm still pleading not guilty. and the traffic school option I know I'm not gonna take.
Also, when I file for discovery, how do you that? What is the process?
I found a word document. I downloaded template so I'll use that. But does someone else have to serve the paper work to the prosecutor.
How long usually does it take for a person to get the evidence back?
Other questions:
The cop didn't list any weather conditions or how long he paced me for? Is that a good defense? He indicated on the ticket that he used a liser (?) and not a radar. So do those things need to be calibrated too and the model listed and such? Because none of the info is on there
Hmmm.... I'm scared to go to court and deal with the ppl. I do get intimidated easily, but DANG IT!! I don't wanna pay nobody anything...
Oh... If i lose the case, can I still make a request for a deferral?
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
I don't think CA does deferrals.
If you call the court, you can have your arraignment extended. Or, you can go to court tomorrow.
Do a search here for Discovery. Come back with specific questions. There is a ton of info already posted.
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
Here's the skinny.:
I went to the arrangement today. (Not as bad as I thought). So the judge gave me a continuance( He was really nice and understanding). Obviously when I wanted to show proof of my insurance, he said, that if the paper work does not have my name on it although, my car is insured, I need to come back with the proper paper work stating that I do.
I'm under my mom's policy so I guess I just have to find the some paper work that has my name too.
I'm happy yet annoyed. I wasted my whole morning sitting there, but I did get a chance to see how everything works in the court. Especially with the trial cases.
A lot ppl didn't question the officer or have any traffic surveys or had gotten any discovery notes. Basically its like they pleaded not guilty but didn't do anything to plead their case. Expect for one lady, all the defendants were found guilty. So I feel as though I'm doing the right thing for myself by finding out what i can do to fight the ticket:D:D:D
Oh and the cop that gave me the ticket was there for another trail, so I can bet two bucks that he'll show up for mine. I still hope he does not though, but I'll be prepared. And the funny thing is that I saw him in the exact spot yesterday trying to ticket ppl coming down the same hill. What a life!
Re: What To Do About a Speeding Ticket, "50" in a 35 mph
Quote:
Quoting
glitterbug87
BUT THE FUNNY THING IS: I haven't received a courtesy note in the mail yet and the original ticket said report to court by September 16, 2008. THAT'S NEXT WEEK!!
A courtesy notice is just that. If you don't get one then you need to call/contact the court. The court is not required to send a notice out. If they were the officers would refer to it as "The court will send you a required notice."