help with a speeding ticket!

[EJ1LST]

What is the name of your state? california

i need help, heres my situation

i was on the way to school around 9:30 the traffic was light, and i was flowing along with it, the speed limit was about 25 on a double laned on each direction, the flow of traffic was about 35, people on thier way to work etc..i was on the far right lane when i had to switch over to the left cause i notice someone double parked loading something in thier car, so with a car behind me following up closely, and a car on my left, i decided to speed up and switch lane, as soon as i did so, i noticed two motorcycle cop on a cross street, as soon as i passed one of the cop came out to chase me almost hittign the car behind me making him swirve...anyways he just pulls me over said i was going 40 in a 25, didnt bother askign why or anyhting just wrote me up the ticket and left..didnt bother answering my questions either... my citation is 22350 cvc ( basic speed law)

my question is, im goign to try to fight it by trial of declaration... is there a good chance i can win this? should i even try to fight it? what can i write in the statement to help my chances of winning? thanks for all the help...im in no financial way to pay for the ticket/traffic school/insurance spike thanks again!

[EJ1LST]

"my question is, im goign to try to fight it by trial of declaration... is there a good chance i can win this? should i even try to fight it? what can i write in the statement to help my chances of winning"

everyone else was goign jsut as fast, i just had to switch lanes and i got picked out of the bunch...

[Shay-Pari'e]

[quote=EJ1LST]What is the name of your state? california

i need help, heres my situation

i was on the way to school around 9:30 the traffic was light, and i was flowing along with it, the speed limit was about 25 on a double laned on each direction, the flow of traffic was about 35, people on thier way to work etc..i was on the far right lane when i had to switch over to the left cause i notice someone double parked loading something in thier car, so with a car behind me following up closely, and a car on my left, i decided to speed up and switch lane, Dumb move.

as soon as i did so, i noticed two motorcycle cop on a cross street, as soon as i passed one of the cop came out to chase me almost hittign the car behind me making him swirve...anyways he just pulls me over said i was going 40 in a 25, didnt bother askign why or anyhting just wrote me up the ticket and left..didnt bother answering my questions either... The police are not obligated to ask you why you are being reckless.

my citation is 22350 cvc ( basic speed law)

my question is, im goign to try to fight it by trial of declaration...Your declaration?

is there a good chance i can win this? NOOOOOOOOOOOOOOOOOO

should i even try to fight it?NO

what can i write in the statement to help my chances of winning? thanks for all the help...im in no financial way to pay for the ticket/traffic school/insurance spike thanks again! Drive safely, and take responsibility for your actions.

[EJ1LST]

ummm ok i guess

[JETX]

Originally Posted by EJ1LST

the speed limit was about 25

he just pulls me over said i was going 40 in a 25

Seems pretty clear to me. Your 'excuses' as to why you were going almost twice the posted speed limit.... can be heard (and discarded) by the court.

is there a good chance i can win this?

In my opinion.... no.

should i even try to fight it?

On what basis?? What is your defense??

what can i write in the statement to help my chances of winning?

Include the following: "Enclosed please find three $100 bills to buy clothes for your children." Courts love that!!

im in no financial way to pay for the ticket/traffic school/insurance

Then you should have thought of that BEFORE you decided to exceed the posted speed limit, huh??

[CdwJava]

The officer at the scene is under no obligation to ask you why you were speeding ... some of us were trained to ask why the person committed the violation because it helps prevent a creative story coming up later on. But, the officer was certainly under no obligation to ask.

As for the success rate for a trial by declaration, I have no numbers on it. If you are counting on the officer failing to provide the documentation to the court, you are probably barking up the wrong tree. Motor officers only do traffic. It is almost certain that he will provide a written declaration or show up in-person in court. But, if you were to play the odds I'd say the odds would be slightly higher for a no-show at a court trial than by a trial by declaration.

The disadvantage with a trial by declaration is that you cannot cross examine the officer. In either case you will essentially give your reasoning why you broke the speed limit and the officer will explain what he saw. Then you will have to rely solely on the sympathy of the court as you will have to 'fess up to the speeding. Essentially you will plead guilty with an explanation.

Your chances are slim. But, ya never know.

- Carl

[loulblades]

I am curious, how was your speed ascertained?

I hope that EJ1LST hasn't "tuned out" after getting blasted by JETX and Paridise.

Defending the ticket will depend upon whether radar was used. So like Loulblades I am curious - was the little "radar" box checked?

Here are the titles of some other threads to read. They may be up to ten days old, but they should be very useful.

1. CA 75 in a 65
2. Re-open speeding
3. CA interpreting traffic survey
4. CA informal discovery request before plea

NACOL

[CdwJava]

Given the presence of the motor officers on a cross street, it's not likely that they were using radar. Thus they probably obtained a pace or visual estimation. Using radar from a motorcycle is a rather difficult task unless they work as a team with one running the radar and the other up the road to stop the violator. The description here sounds like they saw the driver and then caught up to him.

- Carl

[EJ1LST]

so you guys are telling me that you guys never drove faster than the posted speed limit? on your way to work or school? it was a big street everyone else was going the same speed...anyways thanks for the help... imm just deal with it. good day to you all!!

ps. yes i think the radar was used, cause on the bottom of the ticket it says


type: trf approx spd: 38
info: Y Acc: N Com: N radar : Y over:
remarks : WB 2LN RDR42mph

[CdwJava]

so you guys are telling me that you guys never drove faster than the posted speed limit? on your way to work or school? it was a big street everyone else was going the same speed...anyways thanks for the help... imm just deal with it. good day to you all!!

Nobody said that. But because others may have done it does NOT mean that it is legal to do so.

ps. yes i think the radar was used, cause on the bottom of the ticket it says

type: trf approx spd: 38
info: Y Acc: N Com: N radar : Y over:
remarks : WB 2LN RDR42mph

Okay ... it looks like he estimated the flow of traffic at 38 MPH and yours at 42 on the radar. But, since those are his notes, his shorthand may be different than what I might write.

Nobody says you can't fight it. It won't be easy, but you can try.

- Carl

[EJ1LST]

thanks alot,

umm so what should i do? if i cant win i just rather plead guilty and hope he lessen my fine, and goto traffic school....

[CdwJava]

Originally Posted by EJ1LST

thanks alot,

umm so what should i do? if i cant win i just rather plead guilty and hope he lessen my fine, and goto traffic school....

Well, you MIGHT be able to win ... but NACOL has better ideas on how to do that than I do. I don't see people winning his way, but experiences vary.

If you DO choose to fight, it will take time and effort on your part to stand a chance of winning. The path of least resistance might be to go to court and hope that the officer does not show up. If he fails to show then your case will likely be dismissed. If he does show, the traffic court judges almost always give everyone a chance to accept traffic school in lieu of conducting a trial.

The other option would be to consult an attorney that specializes in traffic ases. There ARE a number of relatively low cost attorneys that do this, but it might really depend on how much money you want to spend on it.

- Carl

[JETX]

Originally Posted by NotACopOrLawyer

I hope that EJ1LST hasn't "tuned out" after getting blasted by JETX and Paridise.

The truth isn't 'getting blasted' and most people should be able to accept an honest and legally correct answer. After all, that is what this forum is all about.

Not some mamby-pamby and not relevant question like 'whether radar was used'. Unless you have some kind of 'magic' radar-tickets-disappear strategy, what real difference does it make how the officer got the writers speed. With the exception of an equipment malfunction or error, they are all viewed the same in court.

[EJ1LST]

is it a better chance by doing trial by written declaration, or goto court?