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  1. #11
    Join Date
    Mar 2018
    Posts
    289

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    When you say your "trial" is in 3 days, do you mean arraignment or the actual court trial? Another way to put it, is this the date shown on your ticket or the initial courtesy notice as the day (by which) you "promised to appear", or have you already responded to the courtesy notice as "not guilty" and THEN this date was set? If it's just arraignment, the officer will not be there, you will just need to plead, and the actual date for court trial will only then be set. If so, ask for a trial within 45 days.

  2. #12
    Join Date
    Apr 2019
    Posts
    6

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Quote Quoting zeljo
    View Post
    When you say your "trial" is in 3 days, do you mean arraignment or the actual court trial? Another way to put it, is this the date shown on your ticket or the initial courtesy notice as the day (by which) you "promised to appear", or have you already responded to the courtesy notice as "not guilty" and THEN this date was set? If it's just arraignment, the officer will not be there, you will just need to plead, and the actual date for court trial will only then be set. If so, ask for a trial within 45 days.
    This is the date sent after court received my courtesy notice with a not guilty plea via mail.
    It states trial and subpoenas the ticketing officer as well.

  3. #13
    Join Date
    Mar 2018
    Posts
    289

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Your options for defense are limited this close to the trial. You could have done trial by written declaration, which would, at the very least, have told you what the officer is going to say (including how he measured your speed). Absent that, you could have filed an informal discovery request for any notes he made on the back of citation and all the relevant records for the speed measuring device he used (if any). That, again, would have given you hints as to what he's going to say at the trial. That's something to think about if you succeed in postponing the trial. If not, though, here are some tips:

    First off, you might just get very lucky and the cop doesn't show up. If so, the judge should, and may well, dismiss the case. If he tries to reschedule, argue forcefully against that. As in you have to take time off work, have to travel far (if true), etc. Mention it's not your fault the officer can't make it, nobody notified you, and YOU are required to request YOUR continuance 10 days in advance, so it is not fair that he does not (or, if he did, that the court didn't notify YOU). Don't be shy, this is by far your best chance to have this problem go away. If you're unsuccessful, at least you get your continuance, so push it as far back as you can.

    If the cop does show up, you have to try and cast some doubt on his testimony. You will get to do this - ask him questions - after he testifies. How you do it depends on how he measured your speed. If he paced you, how far behind was he, for how long. When was his speedometer last calibrated. If he used a radar, when was it last calibrated by an independent, certified lab. Did he test it before and after his shift, and did he use tuning forks for the test. Could there have been more than just your vehicle in the radar beam? How does he know the registered speed was yours, and not of your co-worker? Even if you drove at a similar speed, there could have been a 5 mph difference... this is all you need.

    The judge will then ask you if you want to testify. Given your situation, I think you have little choice but to admit you were speeding. Unless you know you in fact did 95mph, you should at least state that you don't believe you were going any faster than 90mph. If you are sure you didn't, say so forcefully and definitively... if you know how fast you went (as per your speedometer), and it's 90mph or less, then give the exact number. It makes you sound more convincing.

    If you know you in fact did 95mph, as the cop says, then your best option is probably to say you are not sure how fast you were going. State you have only had 1 ticket, 15 years ago at that. Mention you drive for a living, that a ticket on your record will cost you the job, and ask the court to give you the option of driving school. In other words, throw yourself at the judge's mercy. This is what you should anyway do if the judge finds you guilty as charged (30 mph over limit). At that point, you have little choice left.

  4. #14
    Join Date
    Apr 2019
    Posts
    6

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Quote Quoting zeljo
    View Post
    Your options for defense are limited this close to the trial. You could have done trial by written declaration, which would, at the very least, have told you what the officer is going to say (including how he measured your speed). Absent that, you could have filed an informal discovery request for any notes he made on the back of citation and all the relevant records for the speed measuring device he used (if any). That, again, would have given you hints as to what he's going to say at the trial. That's something to think about if you succeed in postponing the trial. If not, though, here are some tips:

    Trial could not be continued, I called this am and the clerk said it's too late, that the case is already in the judges chambers.
    She was friendly so I asked who the judge was and whether he's tough or not. She said well...he can be mixed....great!

    First off, you might just get very lucky and the cop doesn't show up. If so, the judge should, and may well, dismiss the case. If he tries to reschedule, argue forcefully against that. As in you have to take time off work, have to travel far (if true), etc. Mention it's not your fault the officer can't make it, nobody notified you, and YOU are required to request YOUR continuance 10 days in advance, so it is not fair that he does not (or, if he did, that the court didn't notify YOU). Don't be shy, this is by far your best chance to have this problem go away. If you're unsuccessful, at least you get your continuance, so push it as far back as you can.

    The cop was pretty stiff and not friendly at all, so my instincts tell me I can count on him being there, but if by chance he is not, these tips are good to know for sure.

    If the cop does show up, you have to try and cast some doubt on his testimony. You will get to do this - ask him questions - after he testifies. How you do it depends on how he measured your speed. If he paced you, how far behind was he, for how long. When was his speedometer last calibrated. If he used a radar, when was it last calibrated by an independent, certified lab. Did he test it before and after his shift, and did he use tuning forks for the test. Could there have been more than just your vehicle in the radar beam? How does he know the registered speed was yours, and not of your co-worker? Even if you drove at a similar speed, there could have been a 5 mph difference... this is all you need.

    VERY helpful tips here.

    The judge will then ask you if you want to testify. Given your situation, I think you have little choice but to admit you were speeding. Unless you know you in fact did 95mph, you should at least state that you don't believe you were going any faster than 90mph. If you are sure you didn't, say so forcefully and definitively... if you know how fast you went (as per your speedometer), and it's 90mph or less, then give the exact number. It makes you sound more convincing.

    This is good to know too, honestly I was shocked when he said I was doing 95, and have always doubted that was accurate. I tend to glance at my GPS on the dash because I turn the dimmer down for the dash lights so there is no green glare on the windshield from the reflection of a dash light. GPS does show maybe 2 mph less than the speedometer.
    But still never saw myself at a speed of 95.
    I wasn't sure how I was going to admit speeding, as I know I was. Now I know.
    I think the 1 factor I have in my favor is the lack of radar used, I am assuming it can't be used accurately while moving. I did not see him until he was right up on my tail then flipped his lights on. I had just gone through the toll bridge.

    If you know you in fact did 95mph, as the cop says, then your best option is probably to say you are not sure how fast you were going. State you have only had 1 ticket, 15 years ago at that. Mention you drive for a living, that a ticket on your record will cost you the job, and ask the court to give you the option of driving school. In other words, throw yourself at the judge's mercy. This is what you should anyway do if the judge finds you guilty as charged (30 mph over limit). At that point, you have little choice left.
    Note my comments in between above-

    As I was talking to the clerk I mentioned what's at stake if I get a point on record, and said 'but doubt the judge wants to hear all that', she said "oh I would!" I guess it's a woman thing
    Your advice has been a huge help, and I thank you very much!!

    Just a quick update, I survived court and was given a reduced speed of 24 over and now eligible for traffic school, and 100 knocked off the fine with 6 months to pay it if I wanted.
    Not bad! I admitted to speeding but did not agree with how fast.
    Thanks again for the great tips!

  5. #15
    Join Date
    Mar 2018
    Posts
    289

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Good for you! You're welcome.

  6. #16
    Join Date
    May 2019
    Posts
    2

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    During the trial, you can mention that you are considering pleading guilty, and would like to request if the judge would allow traffic school. Bring with you your driving record and show that you have a good driving history. The judge can consider this when determining your penalty.

    Nevermind, I just saw your update. Congrats! It's good to hear you got your speed reduced so you are eligible for traffic school.

    May I ask how you prepared for trial? What did you take to court (for example, driving records, pay stubs, etc.)?

    Which state and county was this in?

    Any advice that you'd want to share with someone in your spot?

    I ask because I was also cited for over 25. I am preparing for the arraignment, I plan to plead guilty but ask for traffic school. At my county, they consider this if you were under 100mph. Over 100mph would be a much higher penalty, and 2 points!

  7. #17
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    492

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Quote Quoting SeanLipton
    View Post
    I ask because I was also cited for over 25. I am preparing for the arraignment, I plan to plead guilty but ask for traffic school. At my county, they consider this if you were under 100mph. Over 100mph would be a much higher penalty, and 2 points!
    Is that over 25 mph or 25 mph over the speed limit? Either way you should have no problem getting traffic school. The big difference would be in the fine.

    One of the things you need to be adamant about in any defense to a traffic violation is details. Using your above statement as an example, what happens when you are cited for doing exactly 100 mph?
    *****
    I may not always be right, but I am never wrong.

  8. #18
    Join Date
    May 2019
    Posts
    2

    Default Re: Speeding Ticket for 30 Over Limit, What Will Give Me the Best Chance of a Reducti

    Hi Jim,

    That is relieving news to hear. I am honestly stressed about it. This is my first ticket, and my first time in traffic court. Since I was ticketed I've been extra cautious about my speed, and I just want a chance to make this right to improve myself, through the instruction of traffic school and not the penalty of a point on my license. I've got my fingers crossed that I can attend traffic school. This is in Kern County, and my ticket included an "appear by" date for the arraignment. Do you have any additional advice for me?

    I was cited for 25 mph over the speed limit, cited for 96 in a 65.

    My plan is to appear, and before entering my plea, state that I would like to attend traffic school and request that the judge consider offering it for me. I plan to say something like this: "Good morning Your Honor. Before I enter my plea, I would like to request that the Court order traffic school for me. For my citation it is not automatically offered by the clerk. I am otherwise eligible for traffic school because I haven't taken one in the past 18 months, my citation was for a moving violation 22349a, and my cited speed was under 100 mph. Your honor, I am considering pleading guilty but I'd want to go to traffic school. Can you provide an indicated sentence to let me know if you would authorize it?""

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