Here we go again...

[§hadow]

I am an 18yr old black male living in california

i had just posted about a ticket alittle while ago that i got but was unjust because i was in obedience to the posted speed limit, but the vehicle next to me had a greater speed and the officer thought his readings were me.

this one is alittle different:

I was on my way to Mt. San Antonio college but had left the house extremely late. I decided to make up time(dumbest thing you should ever do. VERY UNSAFE) by taking the hill alittle faster then normal(ok well maybe alot). so i get to the hill and smash up it. on the way up i pass a girl driving a blue rsx. anyho i dont let off the accelerator till i realized just how stupid it was to go fast and risk damage to the car or me or anyone else. so i slow down to the speed limit and the blue rsx goes screaming past me. (at least 120) and she blows a red light. i just shake my head and pull into the left turning lane. about 2 minutes and some change later, a motorcycle cop comes screaming down the hill and sees me at the light and tells me when it turns green to pull over(and boy is he pissed). so i pull over and he comes to my window and ask me "what the hells your problem?". i express my apologies for speeding and tell him i know it was wrong. he asks me "why the hell were you racing that blue car?". i tell him i wasnt but instead was just trying to make up time on the hill. the cop notices how figity i am and calls for back up. so in about 3 minutes i am covered by 3 other police cars and 2 campus security vehicles. the officers have me step out of the car and search me, taking out everything i have on me and droping them on the concrete. the place me on the curb in and make me sit in a non aggresive stance and talk to eachother. meanwhile im scared crapless. they come back to me and ask me if there are any drugs or weapons in the car. i say no to the drugs but tell them about the tazer in the center console. one of the officers interrogates me about the tazer and ask if i assault people with it. i explain its purpose is for safety only and try to keep myself from falling apart while speaking. after a good thorough searching of my vehicle, they have a long talk with me about the event that just took place. i express that i am guilty of speeding but i was not trying to race. they look like they dont believe me but decide to cut me some slack and give me a ticket for 89+ in a 45 with no possibility of traffic school rather then impound my car, suspend my liscense and put me in jail for awhile. i accept the ticket and go to class although i was extremely late. 2 tickets in about 2 weeks. im about to be robbed till im blind with insurance premiums and the fine for this ticket.

oh ya and rsx type s driver; she got away.

now like i said before: "you mess up, you pay, you learn" and i know i was out of line, but while reveiwing my ticket, i noticed that he put that the car is registered to a completely different person then who it really is. i have had the car for a few months but he put down the previouse owner as in the registration field. is this a vital error that can relieve me, or am i SOL?

 

[seniorjudge]

The ticket was for you, not for the car.

Thus, the registration info is irrelevant.

 

[Pugilist]

My advice is same as I gave you on the other ticket. Fight it, using speed trap defense. See my reply to the other ticket for more details.

Pug

 

[§hadow]

im affraid to fight the ticket due to the fact that i know i was above the limit and im scared crapless because they thought i was racing. i could have been in jail and had my vehicle impounded. im still in shock looking at the ticket infront of me. it says he clocked me at 89+ in a 45. thats an attrocious speed infraction. i just cant believe it

 

[CdwJava]

im affraid to fight the ticket due to the fact that i know i was above the limit and im scared crapless because they thought i was racing. i could have been in jail and had my vehicle impounded. im still in shock looking at the ticket infront of me. it says he clocked me at 89+ in a 45. thats an attrocious speed infraction. i just cant believe it

The registered owner info was probably taken off of the registration in the car. Or, the DMV has not yet received the change of information regarding the R/O and the officer took down the info as provided from Dispatch and the DMV.

As for the rest ... I'm confused. Didn't you say you already went to traffic school for this violation? Or was that a previos violation?

If you have been found guilty or pled 'no contest' to this violation, then you have no recourse other than to try an appeal - and the incorrect R/O information would not be sufficient grounds for an appeal.

- Carl

 

[Pugilist]

If YOU are scared to fight the ticket, then hire someone to fight it for you. Make sure they use a speed trap defense - or make them explain why not.

Pug

 

[Sabor]

where do i start

Firstly, Deny Deny DENY!

You said 2 minutes until cop came and you were at a red light? Just say you have been at that red light for sometime and you saw two cars pass you.

Secondly, If you are not looking to use the above.. then dont say you were speeding. Why incremenate yourself? If you are really this truthful of a person why try to fight the ticket you know you did wrong.

My suggestion, look up speed survey laws for that street. WHen you said you were speeding say you were going 54mph not 89. This way you can use basic speed law as your defense, since it fact the street was empty and safe to drive past thes peed limit here. Speed trap laws mean you need to get the speed surveyf or that street and make sure they did it properly(science in itself). Never admit anything, just say I dont know why you pulled me over and say nothing else.
If he said what the hell is wrong with you, say back to him what the hell is wrong with you for pulling me over I have been here for several minutes. Anyways. dont tell the officer your guilty next time. Dont drive so stupid. And look at your rear view to see if a cop is chasing you. PS: try to remember if you stated how fast you were driving to the officer, or did you just say "i was speeding" in that case you can say you were going 55 on a writtendeclaration. If you said iw as speeding at only 85, you only leave room for hoping he doesnt show up, or speed trap laws. Good luck and grow some balls.

 

[§hadow]

ok so i have decided to fight it through written declaration. i never said the speed i was going through out the whole ordeal with the officer. if i use the defense that i was not driving the vehicle registered to the name and address he wrote, would that hold? im not really counting on it but wanted to know what some of the more experienced people thought. My major defense is that although i was speeding, i was not going the written "89+" but at max i was going 65 (if even that). i was heading up a steep incline and although i have a sports car, i was not flooring it and could not have achieved that speed up the hill. he wrote that he clocked me on radar but im almost sure he didnt. he only gave me a ticket because he didnt have enough proof to get me for anything else (im not going to write that on the ticket though unless any of you believe i should).

 

[CdwJava]

Keep to the arguments pertaining the speed. Trying to argue that you weren't driving the car on the ticket will look lame. Unless he got the license plate and make and model wrong, simply stick to the facts as you can articulate them.

- Carl

 

[poohmantbb]

I am an 18yr old black male living in california

Play the race card......... What is your point of putting this in your original post?

 

[§hadow]

Play the race card......... What is your point of putting this in your original post?

im not sure why i posted that. I shall not play the race card because i would hope to believe the local police force is above that. Although this is naive thinking, i rather not allow myself to be convinced that such an occurence could happen to me due to that reason.

 

[CdwJava]

And, there is nothing in your post that even remotely smacks of the stop being racially motivated.



- Carl

 

[Sabor]

fighting it eh??

1. Get Speed Survey for that street.
a. read the recommonded posted speed limit by engineer suggestion.
b. read the 85th percentile speed
c. does it state any dangers? such as residential or park for kids. Are those dangers really there?
d. Is the posted speed limit x=<5mph the 85th percentile. i.e. 45 posted. 50th percentile is 52mph. = 7mph+ posted. should be 50mph.
e. When was the survey conducted? 10+ years?

Discredit, if you were stopped for more then a minute before he caught up to you. State that. State how could he have radared you but lost you by over a minutes distance and then found you, and interegated you as to admitting something, another fact that goes in your favor showing he was unsure if he had to question whether or not you were racing as he was not actually sure, hence his questioning? How is it possible he even radared you if you were so far apart? How come he couldnt keep an eyeballs distance if he was on a motorcycle which is much faster then any car. Fact is you were speeding, but i think he didnt catch you on radar, he saw it, he knew it b y experience, but he didnt actually radar your arse. So if it sounds fishy and u can discredit his claims by stating the ab ov e and matching it you can see it does not add up.
He is on motorcycle.
He said he radared you but still questioned if you were racing. why was he not sure? it should be easily apparent if you were racing given he was anywhere near the incident in question.
It took him minutes to catch up while you were at a complete stop. That means you must have been doing 140+mph based on distance formulas (use this in your case find a math major at school to calculate the distance and speed you m ust have been driving for that delay to occur)
Get the speed survey see if its bad. If the speed survey was wrong and they have 45 when it should have been 50 or 55 then you got yourself a winner. From personal experience most major downhill/uphill speeds on the actual survey were 50mph, unless they were residential where they are usually 45 posted down to 40, without use of radar. Good luck. Also, if you loose the declaration and show up for co urt, ask the judge to give you traffic school as you quesiton the radar reading on a uphill road while supposidly close to another speeding car. And you would like to be elligble for traffic school. IF you get a good speed survey flaw, then fight to the end. The ot her stuff isj ust for written declaration. GOODLUCKS.

 

[§hadow]

What do i do now?

I sent in my request for written declaration in the same manner I did for my previous ticket. They replied to the first one by sending me the appropriate forms but replied to this one by saying they HAVE RECIEVED MY REQUEST FOR A COURT TRIAL AND GAVE ME A TRIAL DATE!!!!!!!!! What is up with that? no where in my letter did i request a court date. I, In fact, cited the appropriate code of which allows me my right to written declaration and also requested the TR-205 form. How do i go about having them fix this or maybe getting my trial dismissed due to their error.