I'd like some advice on fighting a ticket.
For the record, I'm a very careful driver, and though I do speed, I try to keep it at 5 miles over, and always slow it down when I see that needle creeping up to 10 over. I know that this is, technically, against the law, but if you drive down any CA highway, you'd see that I'm right in the middle of the speed of traffic, and maybe even on the slow-poke end.
A couple of weeks ago I was on the 101 between Gilroy and Salinas, driving with mild traffic, when I was pulled over. When I saw the officer on the side of the road after a turn (and everyone else, including the car that was passing me, breaking), I checked my speedometer, which said 70. This section of road has a limit of 60, so I thought I was within a reasonable threshold...obviously not. The officer said I was going 73. He did ask me how fast I thought I was going, and I said 60 (meant to say 70, but I was nervous! might be a good thing since I've now never made a statement that I was speeding). He wrote me a citation for going "approximately 70" and sent me on my way.
I've just received the "courtesy notice" for $220. Given that I'm unemployed, and a warning would have been more than enough to deter me, I'm going to fight it, even though I think there's little hope I'll win. At least I'll make the system pay a little bit for my money Thankfully, being unemployed means I have the time to deal with this.
I intend to first file for a written trial. I am not sure what I should say. I know that "going the speed of traffic" is not a defense, but there was a car that was passing me at the time. The officer used a LIDAR, which I think means it can distinguish between individual cars, so I think he did clock me and not the other car. Too bad I don't slam on my brakes every time I see something that might look like a cop :[. Basically, I'm not sure if the existence of this passing car is relevant. If it is, how do I present it: I only know it was a red sedan. If it's not, is there anything else I can say in the statement that might sway a judge?
I also know that even though the cop was around a bend just as the road started going down a significant hill it does not constitute a speed-trap. But could it be seen as mitigating? I was certainly going a few miles faster than normal just because of the hill (it was really right at the time that you'd be backing off from having accelerated up the hill--my foot had just moved to cover the brake for the down-hill), and wasn't able to check my speed because of the turn. Is there even such a thing as mitigating circumstances in traffic court ?!
My mother was in the car with me. Should she offer a statement as well (all she'll be able to say was that I was going the speed of traffic, and another vehicle was passing me as we turned the corner and started to go downhill). She will likely not be able to attend court with me if it goes to a physical trial.
Should I file for discovery at this point, or wait until it may go to physical trial? Anyone know where to file for discovery? It seems pretty inconclusive whether its the CHP, the court, or the DA's office.
Also, I've read something about getting a road survey. I'm unclear as to whether that applies to highways. Any advise on that, as well as where to file for one if it is applicable, would be much appreciated!
And a bit of a complicated question: my drivers license is from CO, which means any points for minor traffic citations won't show up on it (yipee!), assuming I can't shake off the ticket. However, I'm most likely going to have to establish my residence here in CA in the next couple of months. Will CA points that are not on my CO record show up if I end up getting a CA license?
Thanks to anyone who responds to any part of this very long post!!!
For the record, I'm a very careful driver, and though I do speed, I try to keep it at 5 miles over, and always slow it down when I see that needle creeping up to 10 over. I know that this is, technically, against the law, but if you drive down any CA highway, you'd see that I'm right in the middle of the speed of traffic, and maybe even on the slow-poke end.
A couple of weeks ago I was on the 101 between Gilroy and Salinas, driving with mild traffic, when I was pulled over. When I saw the officer on the side of the road after a turn (and everyone else, including the car that was passing me, breaking), I checked my speedometer, which said 70. This section of road has a limit of 60, so I thought I was within a reasonable threshold...obviously not. The officer said I was going 73. He did ask me how fast I thought I was going, and I said 60 (meant to say 70, but I was nervous! might be a good thing since I've now never made a statement that I was speeding). He wrote me a citation for going "approximately 70" and sent me on my way.
I've just received the "courtesy notice" for $220. Given that I'm unemployed, and a warning would have been more than enough to deter me, I'm going to fight it, even though I think there's little hope I'll win. At least I'll make the system pay a little bit for my money Thankfully, being unemployed means I have the time to deal with this.
I intend to first file for a written trial. I am not sure what I should say. I know that "going the speed of traffic" is not a defense, but there was a car that was passing me at the time. The officer used a LIDAR, which I think means it can distinguish between individual cars, so I think he did clock me and not the other car. Too bad I don't slam on my brakes every time I see something that might look like a cop :[. Basically, I'm not sure if the existence of this passing car is relevant. If it is, how do I present it: I only know it was a red sedan. If it's not, is there anything else I can say in the statement that might sway a judge?
I also know that even though the cop was around a bend just as the road started going down a significant hill it does not constitute a speed-trap. But could it be seen as mitigating? I was certainly going a few miles faster than normal just because of the hill (it was really right at the time that you'd be backing off from having accelerated up the hill--my foot had just moved to cover the brake for the down-hill), and wasn't able to check my speed because of the turn. Is there even such a thing as mitigating circumstances in traffic court ?!
My mother was in the car with me. Should she offer a statement as well (all she'll be able to say was that I was going the speed of traffic, and another vehicle was passing me as we turned the corner and started to go downhill). She will likely not be able to attend court with me if it goes to a physical trial.
Should I file for discovery at this point, or wait until it may go to physical trial? Anyone know where to file for discovery? It seems pretty inconclusive whether its the CHP, the court, or the DA's office.
Also, I've read something about getting a road survey. I'm unclear as to whether that applies to highways. Any advise on that, as well as where to file for one if it is applicable, would be much appreciated!
And a bit of a complicated question: my drivers license is from CO, which means any points for minor traffic citations won't show up on it (yipee!), assuming I can't shake off the ticket. However, I'm most likely going to have to establish my residence here in CA in the next couple of months. Will CA points that are not on my CO record show up if I end up getting a CA license?
Thanks to anyone who responds to any part of this very long post!!!