Speeding ticket on Mother's day
05-11-2010, 11:12 AM
#21
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Originally Posted by Saki GT,May 11 2010, 08:06 AM
Worst case, you argue and lose.
It is ALWAYS worth fighting, either yourself or with a lawyer.
The absolute worst case scenerio is that you get stuck with the ticket as-is (which would happen if you didn't fight it anyway). Best case, you get it dropped.
Most of the time you get a reduction which is better than paying the full ticket.
05-11-2010, 02:47 PM
#23
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Thanks everyone for the input. I'm gonna go ahead and show up on the off chance that the officer can't be there. If he does show up I'll probably plead no contest and see if the judge will reduce the fine. My main concern, however, is not the fine but the points this might put on my license which may jack my insurance premiums.
Drive safely
Drive safely
05-11-2010, 09:13 PM
#24
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If your record is clean right now, it shouldnt make any noticable difference.
I've had two tickets in my 15 years of driving (one just last June which was 80 in a 55..trying to pass another car in a passing lane before it ended) and it made no noticable difference in my premiums either time.
I've had two tickets in my 15 years of driving (one just last June which was 80 in a 55..trying to pass another car in a passing lane before it ended) and it made no noticable difference in my premiums either time.
05-12-2010, 12:57 AM
#25
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Don't know how it is in your state, but I got a ticket by an officer pacing me and I fought it through the mail (not in a court room)
In my letter, I stated how the officer needed to submit evidence on when the last time his speedometer was calibrated. If it had not been recently calibrated, ask the judge to dismiss the case in the fair pursuit of justice
what time was it? If it was at night, mention how when you talked to the officer he seemed tired because it was late. Since his mind wasn't completely there, his judgement of your speed was inaccurate. Dismiss the case, blah blah
I WON this case and got a complete refund of all my fees. No points, no hint at a ticket. If your city allows you to fight it through the mail, FIGHT it through the MAIL
When an officer appears at traffic court, he gets paid. When he's forced to reply via mail, he DOESNT GET PAID. If he doesnt get paid, he's less likely to write the reply letter. If he fails to write a reply, you win automatically (same as if the officer didn't appear in court)
After that first ticket, I got another one when the officer was using lidar and here is some quick stuff on what I wrote:
In my letter, I stated how the officer needed to submit evidence on when the last time his speedometer was calibrated. If it had not been recently calibrated, ask the judge to dismiss the case in the fair pursuit of justice
what time was it? If it was at night, mention how when you talked to the officer he seemed tired because it was late. Since his mind wasn't completely there, his judgement of your speed was inaccurate. Dismiss the case, blah blah
I WON this case and got a complete refund of all my fees. No points, no hint at a ticket. If your city allows you to fight it through the mail, FIGHT it through the MAIL
When an officer appears at traffic court, he gets paid. When he's forced to reply via mail, he DOESNT GET PAID. If he doesnt get paid, he's less likely to write the reply letter. If he fails to write a reply, you win automatically (same as if the officer didn't appear in court)
After that first ticket, I got another one when the officer was using lidar and here is some quick stuff on what I wrote:
The facts of my case are as follows:
While driving on Yerba Buena Road on December 14th, 2009, I was stopped by a San Jose Police Officer. I was then charged with violating VC-22350 while the Officer alleged that I was driving 49mph in a 35mph zone. I believe at the time, I was driving closer to the speeds of 43-45mph and that my speed was safe for those prevailing conditions. Please also note that the speed limit for Yerba Buena Road increases to 45mph.
The Basic Speed Law, VC-22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
At the time of my stop, the road was dry with absolutely no traffic since I was the first person at the stop light at the time. No persons or properties were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Going forward, I believe that the posted speed of 35mph on Yerba Buena Road is artificially low, reflecting an out-of-date traffic and engineering survey
If the traffic survey on Yerba Buena Road is more than five years old, the Officer's use of lidar to determine my speed was illegal. Also, please check whether the device the Officer had used that day was calibrated to specifications on the day of the violation.
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Yerba Buena Road is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the lidar evidence inadmissible and dismiss my case pursuant to CVC 40805.
While driving on Yerba Buena Road on December 14th, 2009, I was stopped by a San Jose Police Officer. I was then charged with violating VC-22350 while the Officer alleged that I was driving 49mph in a 35mph zone. I believe at the time, I was driving closer to the speeds of 43-45mph and that my speed was safe for those prevailing conditions. Please also note that the speed limit for Yerba Buena Road increases to 45mph.
The Basic Speed Law, VC-22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
At the time of my stop, the road was dry with absolutely no traffic since I was the first person at the stop light at the time. No persons or properties were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Going forward, I believe that the posted speed of 35mph on Yerba Buena Road is artificially low, reflecting an out-of-date traffic and engineering survey
If the traffic survey on Yerba Buena Road is more than five years old, the Officer's use of lidar to determine my speed was illegal. Also, please check whether the device the Officer had used that day was calibrated to specifications on the day of the violation.
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Yerba Buena Road is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the lidar evidence inadmissible and dismiss my case pursuant to CVC 40805.
05-12-2010, 04:42 AM
#26
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Originally Posted by olapua,May 11 2010, 05:47 PM
Thanks everyone for the input. I'm gonna go ahead and show up on the off chance that the officer can't be there. If he does show up I'll probably plead no contest and see if the judge will reduce the fine. My main concern, however, is not the fine but the points this might put on my license which may jack my insurance premiums.
Drive safely
Drive safely
05-12-2010, 07:15 AM
#27
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[QUOTE=seoulbro,May 10 2010, 04:17 PM]One of my family members is a police officer in NJ. I would recommend taking it to the traffic court. Most judges will reduce the penalty and/or the fine. Most police officers give 5 mph either way for the speedometer error.
05-12-2010, 07:26 AM
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Originally Posted by Sabre,May 11 2010, 06:44 AM
That being said, 70 in a 55 is pretty tough to fight. Even if you said "I was going 65" the judge is going to probably slap you around because you were still speeding.
I think some roads (at least here in Maryland) were designed as speed traps. When you have a 30 mph limit on a totally straight road with no or few crossroads that goes on for a mile or 2 it's almost impossible to go that slow. Even if you do the tailgaters you'll pick up will be worse (IMHO) than speeding!
05-12-2010, 03:12 PM
#30
Originally Posted by NoContest,May 12 2010, 07:26 AM
Anything over 55 is technically speeding. I've heard judges talking about a 60mph ticket in a 55 zone (after all the arguments were offered) say, "were you going faster than 55 or not?".
I think some roads (at least here in Maryland) were designed as speed traps. When you have a 30 mph limit on a totally straight road with no or few crossroads that goes on for a mile or 2 it's almost impossible to go that slow. Even if you do the tailgaters you'll pick up will be worse (IMHO) than speeding!
I think some roads (at least here in Maryland) were designed as speed traps. When you have a 30 mph limit on a totally straight road with no or few crossroads that goes on for a mile or 2 it's almost impossible to go that slow. Even if you do the tailgaters you'll pick up will be worse (IMHO) than speeding!