My question involves a speeding ticket from the State of: California.
Hello Ladies and Gentlemen,
First of all, I'd like to say that although I'm brand new to this forum, I have been a valueable member in other online communities in times past so although I haven't been able to bring anything to to the table at this forum, I'm hoping that my good karma from other contributions will yield me some results here.
Having browsed ExpertLaw for a while before I decided to post my question here, I realized it is filled with a high ratio of knowledgeable members, and I would like to let everyone know that I'm here to hopefully receive some advice on how to handle my court case and evolve this thread into a well for other souls searching for answers instead of a flame fest that I have seen all too often. I have always taken responsibility for my foolish actions and I'm against flame debates on weather speeding is ok or weather I'm at fault or not. Speeding is never acceptable. It has and continues to cost lives everywhere. It is only human nature to make mistakes though and I know most here recognize that so wheater I get convicted or not I'm hoping this thread will be filled with positive knowledge.
My case...:
I was stopped and received a ticket for the violation stated in the title in early March of 2009 on Highway 152 in Merced County, CA on a semi-busy Sunday morning ~7am. I was just coming to the end of a tedious downhill stretch following another vehicle going to the same destination as I was at the time. I'd also like to mention that i live in San Jose approx 2 hours away.
The problem...:
I didn't receive a courtesy notice. Knowing I should call the court to confirm the court date on my original ticket, I called the number listed on the ticket but was continuously unable to get a hold of anyone on the phone as after a few rings it would switch to a computer generated message with no voice mail suggesting that all employees are busy and I should try again. I kept doing so for quite a bit with no success. Luckily (I use this term lightly as you will soon see why) I was able to get a hold of someone the next day after a continuous 100+ call session. The employee informed me that she couldn't find my name or driver's license/license plate in the system (this was ~1 week from the scheduled court date) and that I should wait for a letter because their system was backtracked. Wrongly, I made myself believe that unless I get a letter I'm just about in the clear.
Fast forward to this year, early March 2010 (~12 months after I received the citation), to my shock and awe I do receive a letter saying that I am required to appear in court for my violation (no Failure to Appear/Penalty/Warrant) and that the court is levying a $1750 penalty against me (which includes court fees, but no civil penalty and is VERY close to the absolute maximum for this violation). A little confused about the monstrosity of that number, I decide to go through another 3 hour redialing session to talk to another respresentative who told me that my only option to avoid a warrant was to appear in court and talk to a judge within a week (walk-in). She also explained to me that due to budget cuts their outdated software wasn't processing tickets correctly and that just recently a new system caught up with their missed tickets.
So, I went to court, during which I entered a not-guilty plea and requested a trial by written decleration, after the judge let me know that he cannot lower my fine. I figured that I might as well get a shot at representing myself considering that my fine is pretty much at maximum as is.
Which brings me here (I have my paperwork in hand) and my questions are:
- I already received by paperwork, what are my defense options that don't include a lawyer?
- What kind of motions etc. can I set in action to help my case?
- Should I research anymore paperwork related to my case that can help me?
- Other passangers in the car as witnesses?
- Any other options?
I have never been through a court case that took this long to even get rolling so I am assuming I have an advantage but I might be way off the mark and that why I'm hoping experts here could give me a clue on how best to help myself.
Again, I thank everybody in advance and I hope I didn't wind out my case too much. I really wanted to make sure I got as many details in as I could to make it easiest to understand my case.
If you have any other questions or need any more info I can provide to you, please ask and I will provide everything that I can.
--Marko

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