Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Whether To Take A Motorcycle Speeding Ticket To Court

    I was stopped in California for speeding on my motorcycle. V.C. 22349(b). The officer told me the radar said 71mph in a 55 zone. When she saw that I have a commercial class"A" license, she wrote it for 70mph. That was really pretty nice of her, and kept it as an infraction. In 38 years of driving, I have never had a speeding ticket, and my license is totally clean. Should I go to court, and ask the judge to toss the points, and pay the fine? Is it possible they might offer me a plea? Maybe she won't show? If I challenge the radar, can the officer pull out the radar record showing 71mph, which would be at odds with what she wrote on the ticket? Should I just let it go and take the points and fine? Any help appreciated. Thankyou. Fritz

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: She Was A Nice CHP. Should I Fight This?

    Quote Quoting Fritz
    View Post
    When she saw that I have a commercial class"A" license, she wrote it for 70mph.
    That dropped the fine category, but doesn't change the offense.

    That was really pretty nice of her, and kept it as an infraction.
    It was always an infraction.

    Should I go to court, and ask the judge to toss the points, and pay the fine?
    The DMV assigns the points, so you can ASK the judge, but that decision is up to the DMV based upon the offense for which you are convicted.

    Is it possible they might offer me a plea?
    It's possible. Some counties actually have DAs that attend traffic court solely to offer plea deals. This is the exception, however, and not the rule.

    Maybe she won't show?
    That's possible. However, the CHP tends to show for traffic cites - it's the core of what they do. But, if you are not intending to offer up any other defense, that's a pretty painless way to go.

    If I challenge the radar, can the officer pull out the radar record showing 71mph, which would be at odds with what she wrote on the ticket?
    There is no "radar record". However, the officer COULD testify that you were going 71 MPH, but I suspect the court will use only the speed written on the citation.

    Should I just let it go and take the points and fine? Any help appreciated. Thankyou. Fritz
    There are methods to try and fight the citation. But, keep in mind that if you do go to trial the option of traffic school may not be available to you. Traffic school might be an option to help keep this off your record ... provided this cite did not occur in a commercial vehicle. I don't have the rules in front of me (and am on the run out of the house in a moment), but I believe there is something in the CVC that prevents or limits traffic school for commercial drivers in a commercial vehicle. Maybe someone else can address that.

    - Carl

  3. #3
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: She Was A Nice CHP. Should I Fight This?

    Traffic school is NOT available to holders of commercial driver's licenses.

    If I were you, I'd:

    1. Request discovery from the DA
    2. TBWD
    3. Trial de Novo
    4. Inspect all documents presented at trial as being current, valid and certified true copies
    5. Hope the cop doesn't show for court.

    Each item above is a potential dismissal. But, you will have to work for it.

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Re: She Was A Nice CHP. Should I Fight This?

    I want to thank you cdwjava, and EWYLTJ for your helpful responses. This is a great site, and I am glad to have found it. I agree that the officer will probably show, being a CHP. I think that she got me fair and square, and dropped it by one mph when she didn't have to. I believe that I shall accept the consequences of that night. I have never had a speeding ticket in 38 years of driving. No DUI's. No accidents. In other words an exceptionally clean driving record. I am hoping this will be noticed by my insurance companies, although I may request quotes from a few companies before I plead guilty, so as to keep them in check. (I hope). Been with AAA for 16 years. Once again, I greatly appreciate your input. Thanks, Fritz

  5. #5
    Join Date
    Nov 2007
    Posts
    12

    Default Re: Whether To Take A Motorcycle Speeding Ticket To Court

    Were you speeding? Motorcycles have such a small Radar "reflection" that its possible a car or other "larger" vehicle was responsible for the speed reading. Was it moving, or stationary Radar? In a group of cars, Radar won't see you if your on a motorcycle. I have seen this many times with those portable Radar speed signs. When I was on my bike, it didn't matter how fast I was going, if there were cars near by it never gave my correct speed. However, if I was the only thing moving on the road it did. I once paid a ticket for a car because I was riding a motorcycle and the cop just assumed I was the one speeding! I fought it and lost! If you were cited on with Radar ticket, you are already convicted for the most part. There are many ways to challenge Radar, but traffic court isn't really interested. This is really a revenue issue.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Motorcycle Speeding Ticket - How to Prepare for Court
    By maninthesea in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-30-2011, 07:43 PM
  2. Speeding Tickets: How to Fight a Motorcycle Speeding Ticket and Win
    By imaganax in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 02-13-2011, 03:15 PM
  3. Speeding Tickets: First Speeding Ticket - Should I Go to the Court or Not
    By ymh in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 10-31-2010, 11:04 AM
  4. Speeding Tickets: CHP Motorcycle Speeding Ticket
    By Pastry_Grrl in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-03-2008, 10:06 PM
  5. Speeding Tickets: Speeding Ticket on a Motorcycle in California
    By Toto in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 05-18-2007, 06:25 AM
 
 
Sponsored Links

Legal Help, Information and Resources