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Speeding 71 in a 45

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trialsrider

Junior Member
What is the name of your state? California

Ok, so here's the deal, I'm a new driver under a provisional license (I've only had it for a couple months) and recently i was pulled over for going 71 MPH in a 45 MPH zone. I have a couple questions.
One: Can i go to traffic school? I have a clean record but I'm worried that i was speeding too far over the limit and that i may be denied the privelige to erase this point from my driving record.
Two: If I get this point on my record can my license be suspended because I'm still under a provisional license? I've heard of kids having their licences revoked until their 18 due to reckless driving, but I'm not sure where the exact boundaries of this rule extend to.
Three: I drive a 1995 BMW 318i, and on my traffic ticked the cop wrote that i have '95 BMW, model: 300. Is this enough of an error to contest the ticket in court and have charges dropped? I don't want to go into court trying to have the case dropped unless i know that this will definately work, and I think it should because the discrepency in the model number does seem signifigant.
Thanks for any help
 


seniorjudge

Senior Member
trialsrider said:
What is the name of your state? California

Ok, so here's the deal, I'm a new driver under a provisional license (I've only had it for a couple months) and recently i was pulled over for going 71 MPH in a 45 MPH zone. I have a couple questions.
One: Can i go to traffic school? I have a clean record but I'm worried that i was speeding too far over the limit and that i may be denied the privelige to erase this point from my driving record.
Two: If I get this point on my record can my license be suspended because I'm still under a provisional license? I've heard of kids having their licences revoked until their 18 due to reckless driving, but I'm not sure where the exact boundaries of this rule extend to.
Three: I drive a 1995 BMW 318i, and on my traffic ticked the cop wrote that i have '95 BMW, model: 300. Is this enough of an error to contest the ticket in court and have charges dropped? I don't want to go into court trying to have the case dropped unless i know that this will definately work, and I think it should because the discrepency in the model number does seem signifigant.
Thanks for any help
I'll answer one of your questions:

Three: I drive a 1995 BMW 318i, and on my traffic ticked the cop wrote that i have '95 BMW, model: 300. Is this enough of an error to contest the ticket in court and have charges dropped? I don't want to go into court trying to have the case dropped unless i know that this will definately work, and I think it should because the discrepency in the model number does seem signifigant.

A: No; the judge could dismiss the case and then the cop would immediately refile it. But this is not much of an error. The cop would probably be allowed to amend it on the spot.
 

sukharev

Member
Start with TBD (look it up on the web and this site). You got nothing to loose by trying to defend on the ticket error in TBD. Nobody is going to re-file, I have never seen it happen. If TBD fails, do trial de-novo, where you do have to use better defense or can ask for traffic school.
 

lwpat

Senior Member
In a lot of CA jurisdictions they will not offer traffic school after a TBD. It depends on the court. This ticket probably is serious enough to justify an attorney. Talk to your parents as they are the ones who will end up paying the insurance increase.
 
trialsrider said:
...and I think it should because the discrepency in the model number does seem signifigant.
And why is this "significant"? Think about it... does it have anything to do with the violation you are charged with?
 

sukharev

Member
poohmantbb said:
And why is this "significant"? Think about it... does it have anything to do with the violation you are charged with?
Oh, god, don't you understand, he was practically insulted, 318i is nothing like 300...
 

speed899

Junior Member
Hire an attorney.

I would hire an attorney for your case because you are real young and the judge will rip you apart for doing it. The attorney will get you no points and get you to keep your license, but you will pay higher fines and the attorney cost. If you had your license a few years then I would tell you to fight it alone because they would drop the points with no issue and just make you pay the fines.
 

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