• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

need help. pls help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

eb3retro

Junior Member
What is the name of your state? California. Long story short, cited for speeding 80 in carpool lane in 65mph speed limit in I-680. It was a saturday and not much traffic in the freeway. Not eligible for a traffic school. I have pleaded not guilty and asked for a trial and very soon i am going to have it. I know i am guilty and i am wrong. But honestly (to god), i have slowed down a lot after this, i always strictly stick to speed limits and started driving safely. Now I want to ask for a dismissal of my case, based on the fact that i dont want it to go on to DL and insurance, and for that I will pay my fine. Will this work in the court? anyone have any insights. I am just saying that i will pay the fine, but dont put it in my record. Can this be done?? pls help.
 


garrula lingua

Senior Member
No.
You can plead not guilty and set the ticket for a court trial or plead no contest/guilty and pay fines; the ticket will be on your DMV record.
You don't qualify for traffic school.

The court doesn't neg. pleas other than the above.

You can set for trial & hope the deputy/officer doesn't show up.
Otherwise, what defense do you have ?
 
eb3retro said:
Now I want to ask for a dismissal of my case, based on the fact that i dont want it to go on to DL and insurance, and for that I will pay my fine.
Well, that would be fun if we could do that.

Defendent: "Your honor, I ask that this citation be dismissed, as it will affect my driving record".

Judge: (Pees pants... or maybe just his robe)
 

eb3retro

Junior Member
guys, please help me.

Guys, i was in the car pool lane, i didnt see the office in the same lane , neither did I saw him in the next lane to car pool lane. If he was in the middle lane i am not sure how he radar'ed me and how can he be so accurate that he radared my car only and not anyone else's car? i am thinking of using that as an argument in the court, lets see. guys anyone can come up with anything better than the above argument, i will be very thankful.
 

sukharev

Member
So far you have not come up with anything worthwhile. If you do want to fight the ticket, look up real defense strategies, as well as specifics for CA (speed trap laws, for example). There are plenty of other posts on these issues, would be a waste of time to list them again. Search the forum, then ask pointed questions.

But, as far as the case goes, you have nothing and you know it.
 

eb3retro

Junior Member
one final question.

one more final question???

i already went to the court and pleaded guilty and a trial date is set for next month. but now thinking that i would be better off with trial by written declaration. can i opt for that now? or is it that, since i have already agreed for a trial and the date is set, it wont be granted to me?? please clarify. thanks.
 

garrula lingua

Senior Member
??? If you pled guilty, there is no trial set.

Was that a Freudian slip ? Did you plead NOT guilty ?

Assuming you said not guilty (pants on fire) & received a trial date & now wish to change totrial by dec:
go back to the court clerk & ask to change ASAP..

Once a subpoena goes out to the Officer, the Judge usu will not allow any change.
 

AHA

Senior Member
eb3retro said:
Guys, i was in the car pool lane, i didnt see the office in the same lane , neither did I saw him in the next lane to car pool lane. If he was in the middle lane i am not sure how he radar'ed me and how can he be so accurate that he radared my car only and not anyone else's car? i am thinking of using that as an argument in the court, lets see. guys anyone can come up with anything better than the above argument, i will be very thankful.
But you KNEW that you were speeding way above the legal limit, so now it's time to pay for the crime and make sure you learned from this mistake. Next time an innocent person could be hurt or even killed by your speeding.
 

CarrieT

Member
eb3retro said:
What is the name of your state? California. Long story short, cited for speeding 80 in carpool lane in 65mph speed limit in I-680. It was a saturday and not much traffic in the freeway. Not eligible for a traffic school. I have pleaded not guilty and asked for a trial and very soon i am going to have it. I know i am guilty and i am wrong. But honestly (to god), i have slowed down a lot after this, i always strictly stick to speed limits and started driving safely. Now I want to ask for a dismissal of my case, based on the fact that i dont want it to go on to DL and insurance, and for that I will pay my fine. Will this work in the court? anyone have any insights. I am just saying that i will pay the fine, but dont put it in my record. Can this be done?? pls help.
I can understand remorse.. however, I also understand that you are saying here that you WERE speeding. Therefore, remorseful or not, you ARE guilty, thus the law says you need to pay the fine.
This reminds me of my sisters abusive 'ex'. He was always remorseful AFTER he hit her, as he knew there would be consequences. But that doesnt excuse the fact that he DID the crime... so by law needed to reap the consequences.

Im wondering why you are not eligible for traffic school? Is it that in the (recent) past you were stopped for speeding and went to traffic school already? In which case, you saying that you have 'started driving safely and slowed down alot' doesnt ring true, as you had the opportunity to change your driving habits after the last time.
I apologize if this sounds judgemental, however I have a hard time understanding repeated offenses.
Carrie
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top