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  1. #1
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    Nov 2012
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    Default Ticketed 74 in a 40, Orange County

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

    Received a VC 22350. I was traveling on a motorcycle southbound on the 5 and exited to the Ortega Highway offramp. I went through the light as it was green. The next 2 miles I also made all the green lights, there was another bike that passed me going fast. I came around a bend and all the cars ahead were braking, I took my hand off my throttle and that creates a bit of noise from the exhaust. I figured it was a laser officer, I finally could see him through some vehicle windows, and slowly drove on, he pulled me over and asked how fast I was going, and I say honestly I don't know, I was coming from the dentist after a deep cleaning and was riding carefully but not paying attention to speed so much. He then said I was going 74, and he heard me slowing down, which I did not dispute but I do recall looking at my speedo when I saw the cars braking and my needle was pointing almost straight up which would put me at 50-55mph, still speeding but not the speed I was ticketed for. I think the fact he heard me made him think that the 74 was me, not the race bike that past me. Anyhow I did not argue as I did want to get a ticket for loud pipes as well. He told me that I was eligible for Traffic school and if the judge did not agree to book a trial and he would verify this. Anyhow I took the ticket that he wrote in the pretrial date of Dec 28, 2012. This past week I received a letter in the mail that says I need to make an appointment to see a judge in the OC courts, and this ticket was a "mandatory appearance", no mention of any fine etc. I logged in to the OC courts website and found my citation, and no fine was mentioned there. i know the amount will be steep, but... I am asking for any advice as to deal with this. I do know I was not driving 40, but I felt that his decision to ticket me as the vehicle that set of his gun etc was brought about by him hearing my bike not seeing it, he said "I heard you", there was never a straight shot to me through cars etc. Anyhow I have done TBD before and would like to again but I do want to ask for Traffic School to keep my rates from going up. Help? Also the date being during Christmas might be why they want me to schedule an appointment or is that they are busy and just don't want me showing up at 8am on the 28th(my scheduled date from the citation), and also is the mandatory appearance due to the 34 over? Advice?

  2. #2
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    Mar 2009
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    LA LA Land
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    Default Re: Ticketed 74 in a 40, Orange County

    If the officer used Laser, then not only would he have visually estimated your speed (meaning he was looking directly at you), but he can also see which vehicle the red pointer is on through his viewfinder, and so your claim that it wasn't you isn't likely to hold up or have any weight at all.

    34 over is not going to be easily overcome... But you can try I guess. The other problem with 34 over is that while you maybe eligible for traffic school meaning you have not had a violation get held confidential as a result of completing traffic school within the 18 months prior to this violation, most judges will not allow a traffic school option for that big a speed differential. In fact the rules of court set that break point at 25. And you are 9 over that. So while it maybe true the cop said he'll confirm that you are eligible, your violation may not qualify if the judge decides to withhold that option.

    Furthermore, you will have to decide if you want to fight it, or if you want to plead guilty at the arraignment and take traffic school simply because if you do choose to fight it, and assuming the judge would have allowed you the traffic school option at the arraignment, the chances that he/she will offer you the same after trial are slim to none.

    Now, to make an educated decision as to whether you should fight it or not, you'll have to request and post a copy of the most recent Engineering & Traffic Survey for that stretch of highway which you can obtain from either Caltrans or more probably from the Public Works Department of the city of San Juan Capistrano.

    Once you've obtained that, scan the document in its entirety, upload it to an image hosting website, and come back to this thread and post the [img] links you can obtain from that host site, and someone will chime in with more info which you can then use to decide if you should fight or not.

  3. #3
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    Default Re: Ticketed 74 in a 40, Orange County

    Thank you.

  4. #4
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    Oct 2012
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    6

    Default Re: Ticketed 74 in a 40, Orange County

    My way to fight the ticket would be (OC, Westminster Justice Center)

    1) Send a Trail by declaration form pleading not guilty. There is some templates on the net to show you basic defense.
    If the judge find you guilty, you can ask for a Trail de Novo (form) and be at the trial hoping the officer is not present.

    2) Ask for a discovery request from the city attorney (traffic survey, liddar calibration, etc). Also there're basic template for those. Make sure to send it w/ return receipt to have proof at court.

    I got 2 tickets dismissed by the city for my friends because the police officer didn't bother to answer the trial by declaration (not present at court).
    Also, if the city doesn't respond to (2), you can ask the judge to dismiss the case at your trial. Some judge allows the officer to present the docs you demand at trial, you can try to ask for a continuance since they didn't answer the discovery request according to the laws and have another try.

    Gluck.

  5. #5
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    Default Re: Ticketed 74 in a 40, Orange County

    Quote Quoting nocloo
    View Post
    My way to fight the ticket would be (OC, Westminster Justice Center)

    1) Send a Trail by declaration form pleading not guilty. There is some templates on the net to show you basic defense.
    If the judge find you guilty, you can ask for a Trail de Novo (form) and be at the trial hoping the officer is not present.

    2) Ask for a discovery request from the city attorney (traffic survey, liddar calibration, etc). Also there're basic template for those. Make sure to send it w/ return receipt to have proof at court.

    I got 2 tickets dismissed by the city for my friends because the police officer didn't bother to answer the trial by declaration (not present at court).
    Also, if the city doesn't respond to (2), you can ask the judge to dismiss the case at your trial. Some judge allows the officer to present the docs you demand at trial, you can try to ask for a continuance since they didn't answer the discovery request according to the laws and have another try.

    Gluck.
    a) The "city" has nothing to do with this. You're appearing in a county court.

    b) Discovery will NEVER result in a dismissal not unless your constitutional rights are violated and the failure to provide discovery is not going to cut it. Read subsection 1054.5(c) and please stop spreading false misleading information.

    c) You can try your luck with the 3rd but you'll have to post up the full fine amount before you can do that and most people, especially someone who's not likely to beat the ticket might prefer to have their fine reduced at the arraignment.

  6. #6
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    Nov 2012
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    4

    Default Re: Ticketed 74 in a 40, Orange County

    I am planning on asking at my arraignment for leniency. The strange thing is, i just got a letter that states I must schedule an appointment to see a judge. It did not come registered. I logged in to find my ticket and there is no fine amount listed, nor was there anything regarding $$ in the letter. Is this normal. My arraignment date as per my ticket is Dec 28 at 8am. Do they want me to make an appointment so they can plan their holidays? I was planning on going as per my ticket, but I have no idea of the fine amount at this point. Thanks!

  7. #7
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    Default Re: Ticketed 74 in a 40, Orange County

    Quote Quoting SMP2010
    View Post
    The strange thing is, i just got a letter that states I must schedule an appointment to see a judge. It did not come registered. I logged in to find my ticket and there is no fine amount listed, nor was there anything regarding $$ in the letter. Is this normal. My arraignment date as per my ticket is Dec 28 at 8am. Do they want me to make an appointment so they can plan their holidays? I was planning on going as per my ticket, but I have no idea of the fine amount at this point. Thanks!
    That's pretty typical of any speed related citation with 25 or more mphs over the limit. Its not an appointment with the judge. Its a "mandatory court appearance".


    Quote Quoting SMP2010
    View Post
    My arraignment date as per my ticket is Dec 28 at 8am. Do they want me to make an appointment so they can plan their holidays?
    No, you just appear as scheduled.

    Your fine amount is going to be approximately $490. The judge does have the ability to increase it if s/he so chooses. S/He also can order your license to be suspended for up to 30 days. Not likely but possible!

  8. #8
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    Nov 2012
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    Default Re: Ticketed 74 in a 40, Orange County

    Yes it did say on the webiste "mandatory Appearance" but the letter says "YOU MUST FIRST RESERVE A COURT DATE on or before the APPEAR BY date listed at the top of this notice."(Dec28,2012). Thanks again ThatGuy, you are very helpful.

  9. #9
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    Default Re: Ticketed 74 in a 40, Orange County

    Quote Quoting SMP2010
    View Post
    Yes it did say on the webiste "mandatory Appearance" but the letter says "YOU MUST FIRST RESERVE A COURT DATE on or before the APPEAR BY date listed at the top of this notice."(Dec28,2012).
    That simply means that your court calendar is particularly crowded which means that your court considers the date on the citation as the last date to contact the court to schedule an appearance. So yes, they expect you to schedule a date but it has nothing to do with their holiday, this would be a year round requirement. Personally, I would go to the clerk's window at the courthouse, I would schedule an arraignment and get a slip from the clerk showing the date/time and courtroom number to appear at.

    If I were to take a guess, I'd say your arraignment will be scheduled a couple of months AFTER the date you request an arraignment date. But don't quote me on that!

  10. #10
    Join Date
    Feb 2008
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    Default Re: Ticketed 74 in a 40, Orange County

    So, does this mean you are not interested in getting a copy of the speed survey and possibly developing a legitimate defense??

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