100mph in 65mph Zone, CVC 22346(B)

[kburn]

well bad news, the office i called says he can practically guarantee dismissal for my ticket but its going to cost $2600. He said they subpoena everything including the officers pacing credentials, the cars certification, everything. So it all cant possibly be filed before the court date.

He referred me to someone else who can do it for $750 but would only go to court with me and probably just get my ticket down to a non moving violation leaving it open for traffic school. Not good at all since im poor college student.

[cdwjava]

Ugh.

It sounds like paying the fine and then doing traffic school might be your best recourse.

- Carl

[EWYLTJ]

Here is another option... how about doing a bit of research and defending yourself. Everything the lawyer told you he could "subpoena" you can get for yourself via discovery. The worst case scenario is that you loose and you have to pay the fine.

BTW... I'm not sure what Carl is thinking, but I don't believe traffic school is going to be an option.

[kburn]

I really cant afford the extra attorney fees so what should i do myself?

My first court date is in 2 months and im pretty sure i need to go in there and plea not guilty to set up another hearing date. Then at that hearing ill be able to appeal to a judge and do the same thing that an attorney would?

I would love to have this dropped due to subpoenas but i dont know how to do any of that. I think my best bet now would be to talk to a judge and use my clean record to bring the ticket down?

To be honest the biggest problem is the points, the fees i can get over but those points on my record are going to kill me with insurance.

[M3 Pete]

If you can't hire an attorney, then try to defend yourself. Get the Nolo Press book: "Fight Your Ticket & Win in California"
ISBN: 9781413306415

http://www.nolo.com/product.cfm/Obje...8BE0E/104/263/

I have not seen that book in years, but it was quite good, and I assume it still is. It's a bunch of work though, and there is no guarantee of results.

I'm not sure if you can get traffic school with that high of a speed, but if you can, that's better than a straight conviction, which will shoot your insurance rates to the moon. You might consider that if the cop shows up for trial, which he likely will in a case like this.

If the law allows traffic school for that violation, and you go to trial and lose, ask the judge for traffic school. There is case law that says it is up to the judge's discretion to allow traffic school after conviction. So if the judge says he CANNOT grant or is prohibited from granting you traffic school (as opposed to just declining your request), that's grounds for appeal.

Good luck.

[kburn]

Well i talked to another attorney, someone else the first attorney referred me to. Hes charging me $800 for him to go to both my appearances and he said most of the time he can get them dismissed, but theres at least a really good chance of traffic school. Especially with my clean record. $800 is still going to hurt but at least i can have him do everything for me.

im probably going to go that route since i dont have time with work and school to be doing all this, and hes got a better shot than i do at bringing the ticket down. Note to self: never speed again

[EWYLTJ]

Not a bad decision. Now... please come back here afterwards and tell us what happened. If your attorney gets a dismissal, please let us know how he did it. We want all the details.

[kburn]

Well after 2 reschedules and 6 months later i had my court date....and good news! it was dismissed! the cop showed up and my attorney tried to get him to take it down to a 1 point violation. He wouldn't do it so it went to trial. In the letter my attorney wrote me he said he was able to show that the cop couldnt prove it was me and was an incompetent witness.

Im thinking that t may have been because of my car being dark, all the cars on the road, and he didnt get me on radar. Im going to call him tomorrow to say thanks and ill get all the details of what he did.

[EWYLTJ]

Very cool.... looking forward to seeing details.