How should I handle this speeding ticket?

[TMNT]

What is the name of your state (only U.S. law)? CA

Last week I dropping off my uncle in CA, on my way back I pulled over, the cop said I was going 95 on a 65, I know for a fact I wasn't going that fast because I usually drive 10-15 over the speeding limit and I have a radar, now when I got pulled over the radar did not go off at all, my radar is pretty damm good at that. The cop also said that I cant go to traffic school for this violation.

My question is should I plead not guilty and explain my situation to the DA during my court date? Or should I plead guilty and hope that the judge drops the charged down so I can attend traffic school?

Also I live in NV, if I just pay the fine, do violations from other states transfer over to other states?

[CdwJava]

Originally Posted by TMNT

Last week I dropping off my uncle in CA, on my way back I pulled over, the cop said I was going 95 on a 65, I know for a fact I wasn't going that fast because I usually drive 10-15 over the speeding limit and I have a radar, now when I got pulled over the radar did not go off at all, my radar is pretty damm good at that. The cop also said that I cant go to traffic school for this violation.

What code section were you cited for?

I seem to recall that people from out of state are no eligible for traffic school, but I do not recall that for certain ... and, it is late and I am very tired. If so, that prohibition may have been what the officer was referring to.

My question is should I plead not guilty and explain my situation to the DA during my court date? Or should I plead guilty and hope that the judge drops the charged down so I can attend traffic school?

Explain what situation to the DA? Chances are good that there will be no DA to explain anything to ... but, you can always call and ask if they have someone that handles traffic matters.

Pleading guilty will allow you to pay the fine, but as an out of state resident, you still may not be allowed to attend traffic school. I believe some counties do not permit on-line traffic schools or out of state license holders from so attending. I do not believe there is a state rule on this, and it may vary by county much as the availability of traffic school and on-line traffic school varies by county.

Also I live in NV, if I just pay the fine, do violations from other states transfer over to other states?

The violation may be reported to NV or it may not ... in my experience, these cross-reports are inconsistent. Not to mention that NV may not have a comparable point violation for the CA offense.

- Carl

[TMNT]

Originally Posted by CdwJava

What code section were you cited for?

22349 the letters after that say (a)cc? I cant read it clearly.

I seem to recall that people from out of state are no eligible for traffic school, but I do not recall that for certain ... and, it is late and I am very tired. If so, that prohibition may have been what the officer was referring to.

I have had a speeding ticket 4 years ago going 5-10 over in Placer County and the officer right away informed me about online traffic school.

Explain what situation to the DA? Chances are good that there will be no DA to explain anything to ... but, you can always call and ask if they have someone that handles traffic matters.

Well just explain to him that I have a radar and I know when a cop is citing me, because on that ticket it doesn't not say anything in "radar cite" box, all it says 95 on the approx speed. My question is, what is she basing my speed off of?

Pleading guilty will allow you to pay the fine, but as an out of state resident, you still may not be allowed to attend traffic school. I believe some counties do not permit on-line traffic schools or out of state license holders from so attending. I do not believe there is a state rule on this, and it may vary by county much as the availability of traffic school and on-line traffic school varies by county.

Yeah, this was in Roseville.

[The Occultist]

As far as your detector is concerned, are you familiar with "instant on" radar? It's radar that doesn't send out it's signal until a trigger is pulled, which can often render detectors obsolete.

[occharge]

Originally Posted by TMNT

What is the name of your state (only U.S. law)? CA

Last week I dropping off my uncle in CA, on my way back I pulled over, the cop said I was going 95 on a 65, I know for a fact I wasn't going that fast because I usually drive 10-15 over the speeding limit and I have a radar, now when I got pulled over the radar did not go off at all, my radar is pretty damm good at that. The cop also said that I cant go to traffic school for this violation.

The reason you can't go to Traffic School for this ticket is most likely because you were allegedly going 30 mph over the limit. Typically, anything speeding ticket over 25 mph is not allowed. Nothing in the Vehicle Code that forbids that... However, the California Rules of Court do mention the 25mph over the limit restriction

Originally Posted by TMNT

My question is should I plead not guilty and explain my situation to the DA during my court date?

Like CdwJava said, chances are you will not see a DA anywhere near that courtroom...
Also, keep in mind that typically, if you have Traffic School as an option & if you were to plead "not guilty" then you've taken that option off the table...

Originally Posted by TMNT

Or should I plead guilty and hope that the judge drops the charged down so I can attend traffic school?

I honestly doubt that any Judge will plead you down to allow you the traffic school option. Some might but the majority won't.

[occharge]

Originally Posted by TMNT

Well just explain to him that I have a radar and I know when a cop is citing me, because on that ticket it doesn't not say anything in "radar cite" box all it says 95 on the approx speed. My question is, what is she basing my speed off of?



Yeah, this was in Roseville.

If she didn't check the Radar box then chances are she paced you... Which means that your "pretty damm good at that" radar detector would not do you any good!

[CdwJava]

Originally Posted by occharge

The reason you can't go to Traffic School for this ticket is most likely because you were allegedly going 30 mph over the limit. Typically, anything speeding ticket over 25 mph is not allowed. Nothing in the Vehicle Code that forbids that... However, the California Rules of Court do mention the 25mph over the limit restriction

The 25+ only prohibits the CLERK from offering it. Court Rule 4.03 permits the court (the judge) to allow the traffic school. In other words, it simply cannot be offered before a court hearing such as in the courtesy notice.

- Carl

[CdwJava]

Originally Posted by TMNT

22349 the letters after that say (a)cc? I cant read it clearly.

22349(a) VC or CVC.

22349. (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.

I have had a speeding ticket 4 years ago going 5-10 over in Placer County and the officer right away informed me about online traffic school.

At 25+ over the limit only the court can offer traffic school - the clerk cannot. So, you would have to attend court in order to be eligible.

Well just explain to him that I have a radar and I know when a cop is citing me, because on that ticket it doesn't not say anything in "radar cite" box, all it says 95 on the approx speed. My question is, what is she basing my speed off of?

Prior to court you can also make a discovery request for any notes or radar information. He might have used radar ... he might have used lidar ... he might have paced you. in discovery you can get any notes he made - if any.

- Carl

[TMNT]

Originally Posted by CdwJava

22349(a) VC or CVC.

22349. (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.

At 25+ over the limit only the court can offer traffic school - the clerk cannot. So, you would have to attend court in order to be eligible.


Prior to court you can also make a discovery request for any notes or radar information. He might have used radar ... he might have used lidar ... he might have paced you. in discovery you can get any notes he made - if any.

- Carl

Yeah I got nothing to lose, allot to gain if I go to court and appologize to the judge and ask him if I can go to traffic school.

[occharge]

Originally Posted by CdwJava

The 25+ only prohibits the CLERK from offering it. Court Rule 4.03 permits the court (the judge) to allow the traffic school. In other words, it simply cannot be offered before a court hearing such as in the courtesy notice.

- Carl

Glad to see that you have gotten some rest Carl. And you are absolutely correct; however:
1) In reality, how many times have you seen a Judge allow Traffic School" to someone with 25+ mph over the limit. &...
2) For the record, it is not rule 4.03 it is rule 4.104.
[url]http://www.courtinfo.ca.gov/rules/index.cfm?title=four&linkid=rule4_104[/url]

Furthermore, let me correct myself as well as a few others who have previously stated the following:

Originally Posted by occharge

Also, keep in mind that typically, if you have Traffic School as an option & if you were to plead "not guilty" then you've taken that option off the table...

That, apparently, is also incorrect according to Court Rule 4.104(c)-3 (also found on the page I linked above) which states:

A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial.
A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request.

[CdwJava]

Originally Posted by occharge

Glad to see that you have gotten some rest Carl. And you are absolutely correct; however:
1) In reality, how many times have you seen a Judge allow Traffic School" to someone with 25+ mph over the limit. &...

A number of times, actually.

There may be some local courts that tend to disallow traffic school for 25+, but that has not been my experience.

2) For the record, it is not rule 4.03 it is rule 4.104.
[url]http://www.courtinfo.ca.gov/rules/index.cfm?title=four&linkid=rule4_104[/url]

You're right ... I was running off of a foggy (pre-coffee) memory earlier.

Furthermore, let me correct myself as well as a few others who have previously stated the following:

That, apparently, is also incorrect according to Court Rule 4.104(c)-3 (also found on the page I linked above) which states:

But, since the court is not required to articulate the reason a person is denied traffic school, the practical effect is often the same. A person is still, very often, denied traffic school if they take the stand at trial.

- Carl