I'm Dead! Please help!

[matteo121]

I recently moved to california 6 months ago and in the span of the last 3 weeks have gotten two speeding tickets! The first was legit - 50 in a 35 - and it was my first speeding ticket ever. I've already paid the fine and registred for traffic school. Story over.

The second one...oh man...I basically speed up because I was behind this huge construction truck that made me feel unsafe and the officer caught me when I was passing the truck. 55 in a 35. We are literally talking 15 seconds I was going this speed - actually less - I've never gone that fast on that road before - it was only because I wanted to get in front of this huge truck. I don't really feel thats' a great argument obviously.

What can I do? I know I won't be automatically eligible for traffic court but this CANNOT go on my record. Should I hire a lawyer? Should I do trial by declaration and request second traffic school?

These incidents, although the first ones in my life, happening in 3 weeks can't be good for my chances...

any thoughts? Thank you.

Matt, 24

[CdwJava]

Originally Posted by matteo121

The second one...oh man...I basically speed up because I was behind this huge construction truck that made me feel unsafe and the officer caught me when I was passing the truck. 55 in a 35. We are literally talking 15 seconds I was going this speed - actually less - I've never gone that fast on that road before - it was only because I wanted to get in front of this huge truck. I don't really feel thats' a great argument obviously.

Correct. It's not a good argument and you were, in fact, speeding.

What can I do? I know I won't be automatically eligible for traffic court but this CANNOT go on my record. Should I hire a lawyer? Should I do trial by declaration and request second traffic school?

You can do any one of them. Fighting the citation will take a lot of effort on your part ... requests for discovery, evaluating speed surveys, obtaining radar/lidar or vehicle calibration logs, etc.

You can always before a judge and ask for a second traffic school ... though the odds are slim of such a request being granted.

Hiring a lawyer is an idea, but it might be an expensive option for a coin toss.

There's really no sure fire answer here. You can cross your fingers and hope the officer doesn't show ... you can do a TBD, hope for the best and then go for trial if you lose ... you can hire an attorney hoping he can do what you can't ... and you can fight the charge yourself (likely hoping that the officer doesn't show).

Bottom line - watch your speed.

- Carl

[JamaalJ]

Matteo,
I feel you. About 15 years ago I was on a road and there was this car in front of me who kept speeding up to about 65 and then hitting their breaks down to 55. They were also swerving. I was stuck behind them and didnt really feel safe, so I passed them. I got pulled over for speeding. It was my first ticket. The officer was actually very nice, but still gave me a ticket. I did ask him why he didnt pull over that car for driving so dangerously, and he said he didnt get a chance to see the car as he just got on the road.

You did speed and did deserve the ticket. I understand that this is a big hardship for you. If it were me, I would just pay it.

Go to court to fight the ticket.
a) Some courts let you plead guilty with a reason and they consider lowering your fine.
b) Sometimes the officer does not show up and the ticket gets dismissed.

Carl,
What are the odds of the police officer showing up to court if you move the case to another courthouse in your county or change the court date?

My traffic school instructor, believe it or not, mentioned those were two good strategies to get out of a ticket as the officer has a lower chance of showing up.

[CdwJava]

Originally Posted by JamaalJ

Carl,
What are the odds of the police officer showing up to court if you move the case to another courthouse in your county or change the court date?

My traffic school instructor, believe it or not, mentioned those were two good strategies to get out of a ticket as the officer has a lower chance of showing up.

The first court date is irrelevant to the officer, so changing it only effects you and the court. That is the arraignment, and the officer does not attend.

Changing courthouses - if allowed by the court - may actually benefit the officer if it is his day off ... it might be closer to where he lives. I don't think the odds of his showing are changed significantly in either direction by changing the court location. If the officer is on duty, he gets paid to drive there one way or the other ... if off duty, same thing - he gets paid to go. If he forgets or blows it off, chances are it wouldn't matter where the hearing was scheduled to take place.

- Carl

[Zigner]

I've heard officers who actually ENJOYED and looked forward to going to court. It got them out of their normal "grind", and they were earning overtime to boot!

[The Occultist]

Originally Posted by JamaalJ

I was stuck behind them and didnt really feel safe, so I passed them.

I just want to point out that if you feel unsafe about a vehicle ahead of you that it is always advised you do NOT pass them; don't let your impatience get you into trouble!

EDIT: I also wish to admit that I also would have tried passing if not for the pestering woman in my passenger seat!