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  1. #1
    Join Date
    Oct 2006
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    1

    Default Need California Highway Patrol Info and Ticket Fighting Advice

    I'd like to fight a ticket for unsafe lane change, as I changed lanes by the book. Here are my questions:

    - do all CHP officers have dash cams?
    - if so, is there any way for me to access the video of my "unsafe lane change?" I believe it would prove the officer was the one speeding and doing the unsafe lane changing...
    - where is a good resource for tips to beat traffic tickets?
    - if I try to fight the ticket, do I lose the chance to go to traffic school if I don't beat it?
    - is trial by declaration my best chance?

    Any advice would be appreciated. This was an unfair ticket and I'm going to find some way to beat it.
    Thanks!

  2. #2

    Default Re: Need California highway patrol info and ticket fighting advice

    It is my understanding that few CHP's have cameras, but Carl is the one to give an answer on the issue. Normally the cameras do not start until the lights are activated. One of the best resources is David Brown's book which you can get at the library. It has sample forms, etc. Contesting the ticket may cause you to lose the option of traffic school. It depends on the judge. You can find info on the California Trial by Declaration here:

    http://www.speedingticketcentral.com...ng-ticket.html

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Need California highway patrol info and ticket fighting advice

    I'm not certain but I don't think any CHP cars are equipped with cameras. If you file TBD, you'll probably lose but you can always file for a 'trial de novo' and go to court. If you get lucky, the cop won't respond and the case will be dismissed. If you do go to trial, he may not show up. If he does, be prepared to make a valid case.

    As far as your question about losing the opportunity to attend traffic school...that's up to the judge. In the county I live in, they are very lenient in that regard and would allow it even if you were to lose both cases. Good luck!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Need California highway patrol info and ticket fighting advice

    Quote Quoting morgan;
    I'd like to fight a ticket for unsafe lane change, as I changed lanes by the book.
    Which book do you think you followed? Precisely what did you do, and where were other vehicles?

    - do all CHP officers have dash cams?
    No. VERY few have dash cams. And those that do tend to be working special assignments. Besides, the odds of the camera being on when you suddenly made an unsafe lane change would be somewhere between slim and none. Dashcams do not run 24/7 ... they have to be manually activated by the driver or when the emergency lights come on. Few traffic violations occur in front of the camera unless the officer is following for a way to get more bad driving (like in a DUI).

    - if so, is there any way for me to access the video of my "unsafe lane change?" I believe it would prove the officer was the one speeding and doing the unsafe lane changing...
    See above.

    Plus, the officer's driving is not relevant to your defense.

    - where is a good resource for tips to beat traffic tickets?
    There are a number of books and web resources out there. How "good" they are is a matter of opinion and much discussion. Unfortunately, most provide just enough information to make you THINK you know what you are doing, but end up with you shooting yourself in the foot. It is always best to hire a professional.

    - if I try to fight the ticket, do I lose the chance to go to traffic school if I don't beat it?
    Officially? No. For all practical purposes, the option of traffic school is removed from the table when you take the stand at trial. It is rarely offered after a contested trial.

    - is trial by declaration my best chance?
    Maybe. It depends on what you have to say. The advantage is that you can always take it to trial if you lose the TBD.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Need California highway patrol info and ticket fighting advice

    I know Carl is well versed in the way things work in his part of California...but...as I've stated many times, you can lose a TBD as well as a judge trial and still be afforded the opportunity to take advantage of traffic school....In my opinion, the biggest mistake most people make is that they don't ASK!!!!! Be Assertive....always!!!

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Need California highway patrol info and ticket fighting advice

    Quote Quoting chuckycheese
    I know Carl is well versed in the way things work in his part of California...but...as I've stated many times, you can lose a TBD as well as a judge trial and still be afforded the opportunity to take advantage of traffic school....In my opinion, the biggest mistake most people make is that they don't ASK!!!!! Be Assertive....always!!!
    In truth, I have worked in the north, the south, AND in the bay Area ... so I have a rather wide exposure to the way things work in CA.

    Yes, a person can always ask. However, in most the courts I have been in, they say, "No." And being TOO assertive ends up with a contempt charge.

    One has got to be careful.

    - Carl

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