Contesting a Speeding Ticket

[fun_guy_ir]

What is the name of your state? California (Saratoga)

Does anyone know, if a ticket can be contested if the officer wrote the wrong street name.
Not a misspelling, but actually the name of a main street that the smaller street (where I actually got my ticket) feeds into.

Thanks.What is the name of your state?

 

[BelizeBreeze]

What is the name of your state? California (Saratoga)

Does anyone know, if a ticket can be contested if the officer wrote the wrong street name.
Not a misspelling, but actually the name of a main street that the smaller street (where I actually got my ticket) feeds into.

Thanks.What is the name of your state?

You can contest a ticket because it was issued on a Saturday with the moon full and your bank account empty....in other words, for any reason you feel you need to.

Your chances of WINNING however, depend on a myriad of facts, none of which you have offered. However, based on the one fact that you did offer, your chances of winning are about .003%

 

[CdwJava]

What is the name of your state? California (Saratoga)

Does anyone know, if a ticket can be contested if the officer wrote the wrong street name.
Not a misspelling, but actually the name of a main street that the smaller street (where I actually got my ticket) feeds into.

Thanks.What is the name of your state?

The location may be a factor depending on whether the officer testifies to the location on the citation as being the location of the violation, or if he testifies as to the REAL location.

Be prepared to make a defense based upon the REAL location. If he claims the stop was made at the written location, you may want to also be prepared to provide whatever proof you can about both locations.

By itself the wrong location won't result in a default win for you.

- Carl

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[lwpat]

Is the speed limit different? If so that might be in your favor.

 

[Pugilist]

If it is a radar or laser ticket, Google "speed trap law" and "California." Also, get Fight Your Ticket, by David Brown, at the library, and look up "speed trap" in the index.

Pug

 

[fun_guy_ir]

Thank you all,

just one more question. It was a speed trap, and when the officer pulled me over he said that he "clocked" me at a certain speed. But on the ticket, the space for Radar No. doesn't have any information entered. Would this in anyways help me fight my case?

Thanks again for all replies.

 

[CdwJava]

just one more question. It was a speed trap, and when the officer pulled me over he said that he "clocked" me at a certain speed. But on the ticket, the space for Radar No. doesn't have any information entered. Would this in anyways help me fight my case?

Thanks again for all replies.

First, a "speed trap" is something with a very specific meaning under CA law, it is NOT an area where the cops lie in wait with radar guns. So please be sure to research that term as it related to CA law beofre you use it in court.

Second, regarding the lack of a radar number in the space on the citation, this won't help you as it is not required under the law. It could raise issues of doubt if he used a portable device not issued only to him, but the radar used - as well as maintenance records and the officer's training records with regard to the device - is an issue for Discovery.

- Carl

 

[Pugilist]

The speed trap law would apply ONLY if radar, laser, etc. ("radar") was used. If he "clocked" you using the speedometer on his car, or visual estimation, but no radar, then you need not investigate the speed trap law.

And CDW is partially correct. The mere fact that he used radar doesn't automatically make it what the law calls a speed trap. The other element that has to be present is a speed limit that was set too low. What's too low? Read the speed trap law.

The officer's failure to check the "radar" box on the ticket could be an oversight. He may have used radar but forgot to mark the box. To find out if he actually used radar, you could do a discovery (described in the book I recommended, at pages 10/5, 10/23, 10/26, and 16/5) for whatever notes the officer made on the back of the ticket. Or, if it is convenient for you to do so, you could go back out to the place where you got the ticket, on the same day of the week and time of day, and watch the officer, see if he uses radar. A caution, though. No matter how tempting it may be, while you are out there do not do anything to warn other drivers of the officer's presence - you'll get arrested.

Pug

 

[sukharev]

Start with TBD (trial by declaration). You may have good scenario to do this, and it does not cost much. Look up details on this forum and elswhere on the web. Good luck.