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      07-17-2014, 06:49 PM   #1
s!ke
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100mph+ Ticket

Well, I got caught. I'm not gonna give some sob story, just seeing if anyone has any advice or recommendations for lawyers.

Here is what I do know:
Was cited at 116+ in a 65
Just a citation, not a misdemeanor
Not eligible for traffic school
2 pts on record (I have 0 points now)
Max $500
30 day suspension.
Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc22348.htm

I need to fight it, because it doesn't hurt to try. Any suggestions, or lawyer friends that can help?

And yes, I'm an idiot. Thanks for reminding me.
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      07-17-2014, 09:21 PM   #2
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hope the cop doesn't show up, but for this speed I'm sure he will. If he does, plead your case and the fact you have no points and hope they allow you to do traffic school. good luck, and be grateful you didn't get your car impounded and a misdemeanor. Be safe.
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      07-18-2014, 12:03 AM   #3
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Good god slow down. Glad I don't live where you are. Well, at least you admitted being an idiot about it. Don't see a lot of that on this forum.

Don't fight it because you'll just be wasting your time and money if you lawyer up. Just take the blows and tell the judge you made a poor judgement. Let's hope he/she is in a good mood on your court date.
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      07-18-2014, 12:15 AM   #4
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With that said, I would go there early and line up. From my experience there's always some idiot that pisses off the judge. And everyone after is screwed.
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      07-18-2014, 12:33 AM   #5
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Since you reside in California, I would suggest you do a "trial by written declaration". This saves you the time of going into court and if they rule against you, you can appeal in person; thus giving you two opportunity to state your case. Good luck.
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      07-18-2014, 12:49 AM   #6
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Best option in this kind of situation is to request traffic school, a lower fine...ask if you can do community service and if they can make it only one point which can be resolved with traffic school....I am not sure if they can do anything with the points since thats on the DMV.

I was in a similar situation where i got caught "street racing." It really wasn't a race since i was "racing" a GTI, haha jk but the cop caught both of us and gave me a misdemeanor, and it was creating a lot of problems...any ways, i lawyered up, went to court and ended up only got a speeding ticket, correctable thru traffic school and went to community service and paid a reduced fee. Good luck
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      07-18-2014, 01:04 AM   #7
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Quote:
Originally Posted by aandrew325 View Post
hope the cop doesn't show up, but for this speed I'm sure he will. If he does, plead your case and the fact you have no points and hope they allow you to do traffic school. good luck, and be grateful you didn't get your car impounded and a misdemeanor. Be safe.
I am grateful for that. But they won't allow traffic school on this violation, and I'm not eligible anyway. (Had traffic school in the last 18 months)

Quote:
Originally Posted by Skandalous1 View Post
Since you reside in California, I would suggest you do a "trial by written declaration". This saves you the time of going into court and if they rule against you, you can appeal in person; thus giving you two opportunity to state your case. Good luck.
Impossible, this can not be a trial by written declaration. I have to show up in court.

Quote:
Originally Posted by E90Flossin View Post
Best option in this kind of situation is to request traffic school, a lower fine...ask if you can do community service and if they can make it only one point which can be resolved with traffic school....I am not sure if they can do anything with the points since thats on the DMV.
The only real way to have it reduced is to talk to the DA, and the only way to talk to the DA is to have a lawyer do it. Otherwise it is not eligible for traffic school.

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      07-18-2014, 02:03 AM   #8
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About 3 years ago I got ticketed in Orange County CA for 117mph on my Suzuki GSXR-600.

Long story short, this is what I ended up with:
  • 2 Points on my license (no option for traffic school)
  • 1 month suspension (both C & M1)
  • $900+ fine
  • Big jump in insurance premium

Good luck to you OP.
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      07-18-2014, 02:35 AM   #9
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I got a very very similar ticket a year or two back at mfest going toward Oxnard. I just kept pushing it back until I absolutely couldn't. Then I went to court and the officer didn't show. The rumor that a few people told me was that cops aren't paid to go to court as they were before. As I said, it's a rumor. The next best thing is to go through traffic ticket pros or something like that and they go to court for you. Look for the ones with the highest win rate and just dish out the hundred or two to have them win for you. Usually they have deals like, if they don't win, you don't pay or you pay very little. It's the best thing because for me, I just got super lucky. Don't procrastinate as I did, you might not be as lucky as I did. Afterwards, invest on a radar detector like the valentine1 or the escort's 9500xi. I know there's a few more that have been released in this past year so I'd do a bit of research. Those radar detectors can be pricey but they can also save your ass in another situation such as this one. Good luck!
Adding in:
I wasn't as lucky as you though. I also got a state referee ticket and a mandatory smog test from BMW or the chp office. My ticket was all said and done sitting at $1300! A stupid ass ridiculous amount of money for going "92mph" in a 65mph. The cop that originally pulled me over was cool af and he was gonna let me go but his dick head partner rolled up and decided to pile his tickets on me. He even added that my air scoops were ILLEGAL due to an intake modification which was bullshit because it is pre-maf sensor and the exhaust was ticketed for being over 85db. He said my car was at 103db... I WISH! My car would sound like a bad ass jet lol. So with all of the false accusations, my car was sitting at 72db on idle and 92db @ 4,000 rpm which is technically legal. I went to fight and they dropped ALL of the charges. I'll even post a pic of the paper were it stated that it was dismissed if you'd like. So after this rant, I'd avoid my 6 month lag and just make a quick option sometime within this next week or so.
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Last edited by kiwi29; 07-18-2014 at 02:45 AM.. Reason: adding
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      07-18-2014, 10:29 AM   #10
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Quote:
Originally Posted by Skandalous1 View Post
Since you reside in California, I would suggest you do a "trial by written declaration". This saves you the time of going into court and if they rule against you, you can appeal in person; thus giving you two opportunity to state your case. Good luck.
+1 try www.ticketbust.com this worked for me on a couple tickets but none of them were speeding. I drive a slow F10
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      07-18-2014, 11:20 AM   #11
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116 isn't that bad, but the cop must have really been pissed at you. Usually if they see you're ok and was just speeding a little, will write you for 99mph.

Yes please get a radar detector. When I drive up to the bay, I notice you guys drive way slower than socalers ..so we really stick out..lol

If you don't want to try one of the traffic lawyers/websites /pay more .... start with the TBD. I think at the very least they can lower the infraction, (site your clean record, etc)...if you still lose, you can appeal and start a court trial. Then maybe get a lawyer if not comfortable.

I got my first ticket at 16 the second day I was driving ..in San Jose..lol

I also drive a slow prius most of the time during the work commute! That probably helps.
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      07-18-2014, 11:32 AM   #12
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Quote:
Originally Posted by darkevo View Post
116 isn't that bad, but the cop must have really been pissed at you. Usually if they see you're ok and was just speeding a little, will write you for 99mph.

Yes please get a radar detector. When I drive up to the bay, I notice you guys drive way slower than socalers ..so we really stick out..lol

If you don't want to try one of the traffic lawyers/websites /pay more .... start with the TBD. I think at the very least they can lower the infraction, (site your clean record, etc)...if you still lose, you can appeal and start a court trial. Then maybe get a lwayer if not comfortable.

I got my first ticket at 16 the second day I was driving ..in San Jose..lol

I also drive a slow prius most of the time during the work commute! That probably helps.
Haha yeah socalers drive waay faster than norcalers. You'll be going 80 uphill and still get passed up by a granny in a prius haha

But OP, what highway did you get caught up on?
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      07-18-2014, 01:28 PM   #13
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Get a lawyer. I got a ticket going 125 in 35 zone they got it dismissed but the lawyer did charge $500
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      07-18-2014, 07:22 PM   #14
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Or plead guilty and pay $285.
I got a ticket for going over $65.
Ticket was $500 but reduced to $285 for pleading guilty.
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      07-20-2014, 05:07 PM   #15
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Quote:
Originally Posted by s!ke View Post
Well, I got caught. I'm not gonna give some sob story, just seeing if anyone has any advice or recommendations for lawyers.

Here is what I do know:
Was cited at 116+ in a 65
Just a citation, not a misdemeanor
Not eligible for traffic school
2 pts on record (I have 0 points now)
Max $500
30 day suspension.
Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc22348.htm

I need to fight it, because it doesn't hurt to try. Any suggestions, or lawyer friends that can help?

And yes, I'm an idiot. Thanks for reminding me.
I got a ticket for going 104 mph long ago heading home from Vegas. I went to court and told the judge not guilty and requesteda trial by written declaration since i live too far. I paid the ticket $672 upfront (discounted by the judge) and I got a full refund 3 months later when I won.

Last edited by DetectiveLoki; 07-20-2014 at 05:16 PM..
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      07-20-2014, 05:55 PM   #16
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Thanks Loki, maybe I'll just do that. Ill call the clerks office tomorrow and see if I can request that.
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      07-21-2014, 10:10 AM   #17
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Quote:
Originally Posted by DetectiveLoki View Post
I got a ticket for going 104 mph long ago heading home from Vegas. I went to court and told the judge not guilty and requesteda trial by written declaration since i live too far. I paid the ticket $672 upfront (discounted by the judge) and I got a full refund 3 months later when I won.
What did you write in the letter?
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      07-21-2014, 10:35 AM   #18
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definitely lawyer up

got mine reduced to simple speed law, 1 pt, no sr-22

ticket was still $8xx iirc? plus another 2-3k for the lawyer

back in 2010
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      07-22-2014, 02:10 AM   #19
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http://4mrticket.com/ and ask for Amir...he helped me take care of my 115mph ticket...all i ended up having to do was traffic school...no points nothing
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      07-23-2014, 06:44 PM   #20
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I got caught doing 100 in a 65 on I280 south. Hired a lawyer for around $750, got it reduced to below 100 so I just did traffic school and paid around $300 for the ticket. I see you're looking for lawyers in the bay area. I originally went with Scotty Storey but even with great reviews, he turned out to be a total dick and never updated me so I went with Erik Johnson who I highly recommend.

http://www.yelp.com/biz/scotty-j-storey-san-jose
http://www.yelp.com/biz/law-offices-...son-san-jose-3

Got this from a friend's post (Credit to Supa-Clean) on fighting tickets if you choose to go that route:

First, you want to wait until the last day your payment for the ticket is due then ask for an extension on the ticket (you are usually allowed 1-2 w/o any questions, and you can usually call in for extensions)

Next, the last day that extension is up, ask for another extension if possible. If you no longer have any extensions available, tell them you want to fight the ticket via written declaration (You will most likely need to be at the court house IN PERSON to get this started). This will provide you an additional 2 weeks before you have to post bail. They will provide you a form to fill out with your story about what happened.

When your declaration is due, you will need to "post bail" aka paying for the ticket in advance

**Remember, you want to make this process take as long as possible so that it becomes fuzzy in the officer's mind

Things to include in your fight
- Ask when the cops radar was last calibrated, and if it has not been calibrated within the the allowed period to dismiss the ticket

- If there was no radar, claim that pacing a person is notoriously inaccurate as the officer has to increase his speed to catch up to you

- Claim that the officer's "evidence" casts doubt into the case and that the case should be thrown out in the interest of justice

- Add any relevant information you may have to cast doubt in the judges mind



Reasons for written declaration VS going to court
-Officers get to choose when they go to court - aka they choose an off day and get paid overtime

-Most officers don't take the time to write down everything about the case and therefore have a poorly written statement - Either way, you win

-Even if you lose...you get a 2nd shot! - If you end up losing the case, you call and ask for a "Trial De Novo" which then lets you make an appearance in court and have a 2nd trial



Example of my written declaration for a speeding ticket -


I respectfully submit this written declaration to the Court pursuant to CVC40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on the 101, right after the 126 interchange, I was stopped by officer Reeder (I.D.#3700) at 6:45PM and charged with violating CVC 22349(a), 85mph in a 65mph zone.

I know that I was not traveling 85 mph and that my speed was safe and reasonable for conditions. As such, I know that the officer’s paced guess was inaccurate.

When pulled over the officer asked if I knew why I was being pulled over. Without any other obvious reasons I could only guess that he believed that I was speeding. The officer then proceeded to tell me that I was traveling at speeds in excess of 80mph. When looking at the ticket issued, it is obvious that the officer was only able to “guess” my speed as he did not use any radar.

As a method of determining speed, pacing is notoriously inaccurate. Close pacing over an extended distance is the only reasonable way to mitigate the inaccuracies of pacing. I don't believe the officer's alleged "pace" is anything more that his speed of acceleration in coming up from behind me. He certainly was not behind me for long. At about 1/4 mile back, I saw him approach me rapidly and checked my speedometer. My speed was approximately 70 mph and I maintained my speed and lane to allow him to pass.

I know the number he cited is at least 15mph faster than I was driving. I expect the officer to provide proof of recent speedometer calibration for the court to even consider his speedometer reading as evidence. Please dismiss my case outright if the officer does not provide recent speedometer calibration data for police unit #3123 recorded on my ticket. Without valid verification of speedometer calibration of the patrol vehicle used to stop me, my case should be dismissed for lack of evidence.

Ultimately, whatever the accuracy of his speedometer, his pace is still nothing more than the speed he was traveling. The relation of his speed to my speed is speculative, and in this case, quite inaccurate.

The officer failed to verify his speculation about my speed with any direct evidence, such as radar. I know that my speed was approximately 70 when the officer was behind me.
Furthermore the officer’s case is based on multiple guesses. The officer’s first guess about my speed is based upon his own speed, possibly skewed higher by his acceleration. His second guess was that how far in the distance I was. Considered together, the officer’s guesses cast a significant amount of doubt into the accuracy of his evidence.

I don't believe that the officer's evidence is sufficient to sustain a conviction. Please dismiss my citation in the interest of justice.

Last edited by Pawlin; 07-23-2014 at 08:01 PM..
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      07-23-2014, 07:51 PM   #21
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Quote:
Originally Posted by Pawlin View Post
I got caught doing 100 in a 65 on I280 south. Hired a lawyer for around $750, got it reduced to below 100 so I just did traffic school and paid around $300 for the ticket. I see you're looking for lawyers in the bay area. I originally went with Scotty Storey but even with great reviews, he turned out to be a total dick and never updated me so I went with Erik Johnson who I highly recommend.

http://www.yelp.com/biz/scotty-j-storey-san-jose
http://www.yelp.com/biz/law-offices-...son-san-jose-3

Got this from a friend's facebook post on fighting tickets if you choose to go that route:

First, you want to wait until the last day your payment for the ticket is due then ask for an extension on the ticket (you are usually allowed 1-2 w/o any questions, and you can usually call in for extensions)

Next, the last day that extension is up, ask for another extension if possible. If you no longer have any extensions available, tell them you want to fight the ticket via written declaration (You will most likely need to be at the court house IN PERSON to get this started). This will provide you an additional 2 weeks before you have to post bail. They will provide you a form to fill out with your story about what happened.

When your declaration is due, you will need to "post bail" aka paying for the ticket in advance

**Remember, you want to make this process take as long as possible so that it becomes fuzzy in the officer's mind

Things to include in your fight
- Ask when the cops radar was last calibrated, and if it has not been calibrated within the the allowed period to dismiss the ticket

- If there was no radar, claim that pacing a person is notoriously inaccurate as the officer has to increase his speed to catch up to you

- Claim that the officer's "evidence" casts doubt into the case and that the case should be thrown out in the interest of justice

- Add any relevant information you may have to cast doubt in the judges mind



Reasons for written declaration VS going to court
-Officers get to choose when they go to court - aka they choose an off day and get paid overtime

-Most officers don't take the time to write down everything about the case and therefore have a poorly written statement - Either way, you win

-Even if you lose...you get a 2nd shot! - If you end up losing the case, you call and ask for a "Trial De Novo" which then lets you make an appearance in court and have a 2nd trial



Example of my written declaration for a speeding ticket -


I respectfully submit this written declaration to the Court pursuant to CVC40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on the 101, right after the 126 interchange, I was stopped by officer Reeder (I.D.#3700) at 6:45PM and charged with violating CVC 22349(a), 85mph in a 65mph zone.

I know that I was not traveling 85 mph and that my speed was safe and reasonable for conditions. As such, I know that the officer’s paced guess was inaccurate.

When pulled over the officer asked if I knew why I was being pulled over. Without any other obvious reasons I could only guess that he believed that I was speeding. The officer then proceeded to tell me that I was traveling at speeds in excess of 80mph. When looking at the ticket issued, it is obvious that the officer was only able to “guess” my speed as he did not use any radar.

As a method of determining speed, pacing is notoriously inaccurate. Close pacing over an extended distance is the only reasonable way to mitigate the inaccuracies of pacing. I don't believe the officer's alleged "pace" is anything more that his speed of acceleration in coming up from behind me. He certainly was not behind me for long. At about 1/4 mile back, I saw him approach me rapidly and checked my speedometer. My speed was approximately 70 mph and I maintained my speed and lane to allow him to pass.

I know the number he cited is at least 15mph faster than I was driving. I expect the officer to provide proof of recent speedometer calibration for the court to even consider his speedometer reading as evidence. Please dismiss my case outright if the officer does not provide recent speedometer calibration data for police unit #3123 recorded on my ticket. Without valid verification of speedometer calibration of the patrol vehicle used to stop me, my case should be dismissed for lack of evidence.

Ultimately, whatever the accuracy of his speedometer, his pace is still nothing more than the speed he was traveling. The relation of his speed to my speed is speculative, and in this case, quite inaccurate.

The officer failed to verify his speculation about my speed with any direct evidence, such as radar. I know that my speed was approximately 70 when the officer was behind me.
Furthermore the officer’s case is based on multiple guesses. The officer’s first guess about my speed is based upon his own speed, possibly skewed higher by his acceleration. His second guess was that how far in the distance I was. Considered together, the officer’s guesses cast a significant amount of doubt into the accuracy of his evidence.

I don't believe that the officer's evidence is sufficient to sustain a conviction. Please dismiss my citation in the interest of justice.
Wow..very impressive. I actually saved this in a word document in case I ever need it. Also, how fast was your friend really going? Just out of curiosity.
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      07-23-2014, 08:03 PM   #22
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Quote:
Originally Posted by xTaSkx View Post
Wow..very impressive. I actually saved this in a word document in case I ever need it. Also, how fast was your friend really going? Just out of curiosity.
No idea, I saved this too and pulled it out when I came across this thread I believe he got out of the ticket.
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