Anyone here ever contest a speeding ticket? or go to court over a speeding ticket?
#1
Registered User
Thread Starter
Join Date: Jun 2001
Location: Irvine
Posts: 8,079
Likes: 0
Received 0 Likes
on
0 Posts
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
I'm wondering if you go to court, if you plead while the cop is there?
For example, would you plead (guilty/not guilty) before the cop arrives? If you didn't know the cop was going to show up.
And, if the cop doesn't show up, is the ticket throw out right there? or is another court date set for the cop?
thanks.
For example, would you plead (guilty/not guilty) before the cop arrives? If you didn't know the cop was going to show up.
And, if the cop doesn't show up, is the ticket throw out right there? or is another court date set for the cop?
thanks.
#2
Registered User
Join Date: Oct 2001
Location: Del Mar/San Diego
Posts: 1,308
Likes: 0
Received 0 Likes
on
0 Posts
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
If its a true speed contest ticket your in deap crud. The cop will be there no doubt about it, if he did not show up then you get away free as no one to confront about the issue. With the way that the local dragnets have been setup they have officers just set aside to bust racers. Now if it was a exibition of speed ticket then you can get off with a points down to a fix it ticket. I once got pulled over from spinning my tires getting out of a gas station. I was treatened with a ticket until I showed the cop how bad my tires were and he let me go.
A true contest ticket will have your car impounded if it is not already and a huge fine +1500 plus getting your car out of impound and 2+ points so if you have a speeding ticket you might lose your privledge to drive for 6-9 months.
Sorry for the hard words but confirm that it is a speed contest ticket.
If its just a standard speeding ticket which I think is what you meen then you are fine, 1 point does not even go on your record if you go to traffic school. They can be a pain in the butt and simply convict you if the cop does not show and his notes are delivered to the judge, its not a tril you don't get to confront your acusor. Speed contest is deferent he has to be there to set the court date.
A true contest ticket will have your car impounded if it is not already and a huge fine +1500 plus getting your car out of impound and 2+ points so if you have a speeding ticket you might lose your privledge to drive for 6-9 months.
Sorry for the hard words but confirm that it is a speed contest ticket.
If its just a standard speeding ticket which I think is what you meen then you are fine, 1 point does not even go on your record if you go to traffic school. They can be a pain in the butt and simply convict you if the cop does not show and his notes are delivered to the judge, its not a tril you don't get to confront your acusor. Speed contest is deferent he has to be there to set the court date.
#3
Registered User
Thread Starter
Join Date: Jun 2001
Location: Irvine
Posts: 8,079
Likes: 0
Received 0 Likes
on
0 Posts
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
this is just a standard speeding ticket.
I really don't have anything to lose. I don't really care if 1 point goes on my record, so I'm just trying to find out what the procedure is for fighting the ticket. So, if I go to court to set a court date, the officer has to also be there? to set a date that is.
I really don't have anything to lose. I don't really care if 1 point goes on my record, so I'm just trying to find out what the procedure is for fighting the ticket. So, if I go to court to set a court date, the officer has to also be there? to set a date that is.
#5
Registered User
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
You should request a Trial By Written Declaration By doing this you can conduct your trial through letters. If you fail to get your ticket dismissed this way, you can always request for a new trial in which you will have to appear in court twice and get a trial.
Also, another reason is, if you do trial by written declaration, the officer who cited you will not get the reimbursement from the court if he had to appear in a trial. It's about $300 for approx. 3 hours of his time...so he's making bank for appearing in court to testify against you. With trial by written declaration, he has to also compose letters as evidence against you, but he doesn't get paid for the time he takes to do so.
If all else fails, you can request traffic school, then you won't have a point on your record and insurance won't go up.
see here for more info and tips: http://www.ticketassassin.com/
Also, another reason is, if you do trial by written declaration, the officer who cited you will not get the reimbursement from the court if he had to appear in a trial. It's about $300 for approx. 3 hours of his time...so he's making bank for appearing in court to testify against you. With trial by written declaration, he has to also compose letters as evidence against you, but he doesn't get paid for the time he takes to do so.
If all else fails, you can request traffic school, then you won't have a point on your record and insurance won't go up.
see here for more info and tips: http://www.ticketassassin.com/
Trending Topics
#8
Registered User
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
Originally posted by integrate
when appearing in court twice, is one to set the date for the next one?
when appearing in court twice, is one to set the date for the next one?
#9
Registered User
#10
Registered User
Join Date: Feb 2002
Location: Irvine
Posts: 269
Likes: 0
Received 0 Likes
on
0 Posts
![Default](https://www.s2ki.com/forums/images/icons/icon1.gif)
What you also really have to consider is who gave you the speeding ticket.
From what I understand, your CHP officers get the most grief if they do not show up on their designated court day.
Another thing that I always tell my friends is to really think about their own situation.
1. is it really your fault? - there are certain things you must analyze first - you have two distinct types of tickets
a) from CHP - you really need to think whether the ticket was fair or not. Did the CHP pace you? How far did he pace u for? were you going at speeds that were above the "Speed Limit" or the "MAXIMUM Speed Limit"? Did an Aircraft officer get you or was it a ground unit? These are really the first questions to ask yourself.
b) from City Cop - OH MAN they have LOTS of loopholes... let me know if it was and I'll think some things up for you.
2. Figure out whether traffic school is an option- if you have not had traffic school in the last 11 months (i think.. or maybe 9) and you really don't have an excuse for it - i.e. illegal speed trap... then don't gamble if you don't have to. take the class if your ticket is a no brainer for the judge. Pick the fights logically.
I've got more to tell, but you should really ask yourself these questions first. In regards to scheduled court days... the court schedule the date accordingly to days that the officer CAN show up - PD sends officer's schedules to court. (be sure however after everything is set up and done to walk out of that court room after arraignment and check to see if the date is within 45 days (right to a speedy trial) - if it's not, you can go back later and say that you never waived that right and they will most likely throw the case out because the cop's schedule indicates that's the earliest time they can come. - Rule of thumb - cop represents the state in these matters - as the prosecutor and as evidence- without him- they got nothing
If you still want more, let me know... I've done some pretty good homework (especially for last summer).
From what I understand, your CHP officers get the most grief if they do not show up on their designated court day.
Another thing that I always tell my friends is to really think about their own situation.
1. is it really your fault? - there are certain things you must analyze first - you have two distinct types of tickets
a) from CHP - you really need to think whether the ticket was fair or not. Did the CHP pace you? How far did he pace u for? were you going at speeds that were above the "Speed Limit" or the "MAXIMUM Speed Limit"? Did an Aircraft officer get you or was it a ground unit? These are really the first questions to ask yourself.
b) from City Cop - OH MAN they have LOTS of loopholes... let me know if it was and I'll think some things up for you.
2. Figure out whether traffic school is an option- if you have not had traffic school in the last 11 months (i think.. or maybe 9) and you really don't have an excuse for it - i.e. illegal speed trap... then don't gamble if you don't have to. take the class if your ticket is a no brainer for the judge. Pick the fights logically.
I've got more to tell, but you should really ask yourself these questions first. In regards to scheduled court days... the court schedule the date accordingly to days that the officer CAN show up - PD sends officer's schedules to court. (be sure however after everything is set up and done to walk out of that court room after arraignment and check to see if the date is within 45 days (right to a speedy trial) - if it's not, you can go back later and say that you never waived that right and they will most likely throw the case out because the cop's schedule indicates that's the earliest time they can come. - Rule of thumb - cop represents the state in these matters - as the prosecutor and as evidence- without him- they got nothing
If you still want more, let me know... I've done some pretty good homework (especially for last summer).
![cool.gif](https://www.s2ki.com/forums/images/smilies/cool.gif)