Advice on contesting speeding ticket...again (CA)

[bautista3000]

I came on here maybe 6 months ago for advice on contesting a ticket, but the judge offered me traffic school for the violation, so I took that instead. Now I was pulled over again, this time on 280 in San Mateo, CA for going "80+" in a 65mph zone: Code 22349(A)VC. Thing is, I had my cruise control set to about 75mph, but they accused me of going 95, as well as being high since my eyes were red from allergies and wearing contacts all day (I got pulled over at 2:45am). So after making me get out of the car to do a "sobriety test" (made me follow a pen with my eyes), they took all my information, presented me with the ticket, and when I asked to see the radar or any indication of my speed, they refused. Cops were complete *******s about it. I admitted setting cruise control to about 75, which might have been a stupid thing to say now that I think about it, but I guess after being accused of going 95, saying I was going 75 didn't sound too bad. Anyway, any advice on what I should do in this situation? I want to contest this, but I don't really have any hard evidence. Also, at the least, I'd like to reduce the fine, so is there any way I could prove I was going under 80 and not "80+" as noted on the ticket? Lastly, any idea on how much this ticket will cost me? Thanks in advance for any responses. I got a lot of helpful information from here last time...

[occharge]

Originally Posted by bautista3000

... I want to contest this, but I don't really have any hard evidence. ...

Why is it that "WE" (which includes "me") always feel we have to "fight" each and every traffic ticket that we get? Seriously, I can't remember the last time that I heard someone say "I got a traffic ticket today... I'm just gonna pay it..."

Originally Posted by bautista3000

... and when I asked to see the radar or any indication of my speed, they refused. Cops were complete *******s about it....

I'm not really sure who it was that started that rumor that they "HAVE" to show you the reading... but they don't... I've even heard some people argue that there is a Vehicle Code section that states they have to, yet, no one has been able to point it out... It would have been pointless in your case assuming they did allegedly clock you at 95+ (not saying they did... notice the assuming and the allegedly)... yet they wrote you up for 80+

Originally Posted by bautista3000

Also, at the least, I'd like to reduce the fine, so is there any way I could prove I was going under 80 and not "80+" as noted on the ticket?

Even if you reduce the speed to 66 mph in 65 mph, the fine will be the same thing...
The Speed Chart on the Bail Schedule splits the Violations into 3 categories:
SPEED BASE FINE
A. 1mph to 15mph $35 + Penalties and assessments
B. 16mph to 25mph $70 + Penalties and assessments
C. 25mph + and over $100 + Penalties and assessments

Originally Posted by bautista3000

Lastly, any idea on how much this ticket will cost me?

80mph in 65 mph is 15mph over which means your Base Fine = $35
Add an additional penaltty of $24 for each $10 or fraction thereof = $24 X 4 = $96
Add and additional $7 for Court penalty
Add an additional $7 (again) for a bunch of other stuff...
and you end up with: $35 + $96 + $7 + $7 = $145
Total Fine = $145

Good luck!

[bautista3000]

Thanks for the quick response, looking forward to any others. Just wanted to add a few details though, in case it makes any difference:
-The highway (I-280) was completely empty with very clear visibility...it was 2:45am, and I was really making sure not to go over 80mph, since I had been pulled over a couple months earlier. Cruise control was set to about 75mph. I'll admit that usually on 280, under those conditions, I would normally drive a lot faster.
-The cops claimed to have been following me for 3 miles, but I had been keeping an eye out for any surrounding cars the entire drive. I was seriously looking up at the rearview mirror every 5-10 seconds, and there were clearly no headlights until the police car came SPEEDING up to me while I was merging onto another freeway (92 East), at which point I looked at my speedometer and was going about 65mph. I was VERY surprised when the police sirens came on, because I was thinking the cops had something more serious to get to and just wanted to pass me up.
-I'm pretty sure they were hoping I was intoxicated, as the cops first accused me of going 95 (completely ridiculous), then kept bringing up the fact that my eyes were red and asking what I had to drink.
-I kept telling the cop that I was going under 80 the whole time, to which he responded that he clocked me going about 80 while merging on to 92 (where, as I mentioned earlier, I was not even going 70mph). I asked about the radar and of course he refused.

So to sum it up: Yes, I had been speeding, but not at the actual time that I saw the police car approaching. I had slowed down to the speed limit or below...because I was on a curved ramp merging onto another freeway and because I had seen the car coming up behind me quickly. But even if I had been caught while actually "speeding," I was not going the speed noted on my ticket. Is this this worth contesting?

[Hey There]

5-25-08

Web sites on contesting a speeding ticket can be accessed on the internet by typing in Speeding Tickets on Google.
One site with information specific to CA. is Help! I Got A Ticket Two others which have info from start to finish are 1.Speeding Ticket--Fighting or Plea Bargaining-2..-Speeding TicketFAQ--There is also a book published by NOLO on this subject which is likely available through a public library.
Key facts are
1.A not guilty plea is the cited driver stating that the court must prove that he is guilty of the violation that he was cited for or dismiss his case.
2.A driver only has to prove he isn't guilty of the violation he was cited with. Example: A driver doing 27 mph in a 25mph zone cited for 40mph doesn't need to prove the speed he was going, only that he isn't guilty of going 40mph in a 25mph zone.
******************
In CA. a driver has the right to Discovery. Forms and instructions can be found on the first website mentioned, in the book published by NOLO. Unfortunately the Judicial Council hasn't designated a specific form to use for Discovery so a form can't be obtained from a court clerk as A Trial by Declaration form can.
A Trial by Declaration form can be obtained from a court clerk along with a sheet of instructions or from the internet by typing in Trial By Declaration on Google and clicking on the website with that same title. As the title suggests this is a written declaration that a driver is innocent of the violation he was charged with. If the driver is found guillty of the charge he can request a NEW TRIAL before a different judge if done within 20 days.
And there is a second chance traffic school.
This is only pointing towards where to find the information to contest your traffic violation as you indicated you were prepared to do in your thread. The information needs to be read carefully so that the defence presented as well as the Discovery asked for is done correctly.
A $100.00 fine for a traffic ticket infraction can end up as $361.00 once assessments etc. are added. I've seen this done and it is also explained in the book by NOLO how this can happen.
This isn't to say this WILL happen as I've seen fines lowered as well.
A day in court as an observer will give clues as to how the judge is inclined to rule on tickets and impose fines.

Best Regards,
Hey There

[nsleo64]

I've done this numorus times and gotten the tickets dismissed. Basically the first thing you need to do is get the court date extened. You can usually do this the first time by just calling in to the court clerk and asking for an extension on the date to appear. You can sometimes get a 2nd extension by going in to the court clerk in person and giving a sob story about not being able to pay the fine or something.....etc. You pick the reason that you think may work best. Anyway just get the original date put off longer. Then when it gets close to the date of appearance or payment ask for a traffic trial so you can fight the ticket. They will then assign a date for that and you can then plead your case to the judge...alot of the time when you do this the officer doesn't or can't show up for the trial and the judge will automatically dismiss the ticket. If by chance the cop does show up and the ticket stands you can at that point ask the jugde to at least reduce the fine. I did this for 4 speeding tickets I got with in a 6month period. Because each one is a point on your record and if you get more than 4 points in a year your license gets suspened. I got 3 out of the 4 dismissed because the cop didn't show up.

So go for it I say...its worth a try!!