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#1
01-08-2007, 04:39 AM
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95/65 by aircraft in CAWhat is the name of your state? California On new year's eve I was driving on eastbound 80 passing Fairfield, in a hurry to meet someone. Long story short, I was pulled over for doing 95 in a 65 as seen by a CHP aircraft. I am cited as violating 22349(A) which has "CU" possibly written next to it, I can't make it out. I don't know how much the ticket is for - it doesn't say anywhere on the ticket and I haven't received anything in the mail. I have a court date for February. I'm wondering if this is worth trying to fight by postponing the court date and hoping the guy in the plane and the guy on the ground both don't show up. This is my first ticket and I really don't want my insurance rates to go up, so I should be able to avoid this by attending traffic school, right? I guess I'm just looking for advice as to how someone with more experience would proceed.
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#2
01-08-2007, 08:13 AM
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| Check with the prosecutor. In some jurisdictions, going that fast means they won't plea bargain with you.
__________________ There are two rules for success: (1) Never tell everything you know.
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#3
01-08-2007, 09:46 PM
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2. How did you get pulled over? 3. Did the cop who pulled you over have a full uniform on? 4. Was he in a marked patrol car? I think the first thing you need to do is ask for discovery. Here is a good template from [url]www.helpigotaticket.com[/url] : [url]http://helpigotaticket.com/forms/disc_radar.rtf[/url] Give some more details about your case and let's see if we can help. Jimbo
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#4
01-09-2007, 12:37 AM
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#5
01-09-2007, 12:47 AM
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40800. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner. 40804. (b) Every officer arresting, or participating or assisting in the arrest of, a person so charged while on duty for the exclusive or main purpose of enforcing the provisions of Divisions 10 and 11 is incompetent as a witness if at the time of such arrest he was not wearing a distinctive uniform, or was using a motor vehicle not painted the distinctive color specified by the commissioner. So... next time you want to act like a jerk... you should at least know what the hell you are talking about.
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#6
01-09-2007, 04:29 PM
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I agree with SJ -- traffic school is often not offered if the offense is 25 MPH over the posted limited or higher. If it is offered, it will be on your courtesy notice (unless you are required to come to court, then it probably won't be, it very by county and jurisdiction). If you are not offered traffic school on your courtesy notice, then it is probably worthwhile to ask for a court date, or for a trial by declaration, and hope that traffic school if offered (or ask for it).
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#8
01-10-2007, 01:33 PM
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| for aircraft - both the ground crew and the aircraft crew have to appear and testify. heresay from one or the other is not allowed. it is well worth it to try and get the postponement and then to attend the court date and motion for dismissal if one or either do not show up.
__________________ _____________________________________________________ “[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.” "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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