Speeding Ticket: Best solution

[ca42]

What is the name of your state? California

Today I received my first ticket for 62 in a 40 zone. I am under 18. I was cited with speeding, at least this was the only charge on the ticket. I've read other posts that say that 20 mph or more over the speed limit is reckless driving and fines/points could increase. Is this applicable to California, and my situation? Also, what is the system for the price of fines in California? The ticket does not have a fine amount; the officer did say, however, that the court would send me further instructions within 6 weeks.

My next questions regard the solution to this. I'm not interested in pleading my case to the court; however, if I can go to court and the police officer does not appear (and thus the case is dismissed), that would be preferable. I am prepared to accept the fine and do traffic school to remove the points should that situation not occur. What is the best way to go about this? If I go to court and the officer does appear, can I then plead for traffic school? Will the judge be less likely to allow traffic school in the court than if I had just paid the fine, not bringing the case to court? Basically, what is the best way to go about this in order to lessen the severity of the punishment as much as possible?

Any advice is much appreciated.

 

[CdwJava]

The court will send you a notice with the fine and fees owed. How much you pay will depend on the specific statutes you are cited for violating.

With regard to "reckless driving", speed alone does not qualify as reckless driving pursuant to CVC 23103, so that would not be a factor.

Most courts in CA offer traffic school at any time before trial. You might consider showing up for court, and if the officer shows request traffic school. Very often, once you take the stand to challenge the cite, the court will effectively take traffic school off the table.

- Carl

 

[ca42]

So my best course of action would to be to request a court date and hope the officer doesn't show, but if he does, to request traffic school?

How does this work in California? Do you have to enter a plea before entering court, because if so, then how do you suddenly change your plea from not guilty to guilty and ask for traffic school, simply because the cop showed? Or would it just be a request for a court hearing, in which case I can plead guilty upon entering and immediatly request traffic school? In short, what is the procedure for this?

 

[garrula lingua]

Examine your ticket.

Be sure that the ticket doesn't state a court date, time and place.

Your speed was too high for traffic school.

 

[CdwJava]

On the issue of traffic school, I think what qualifies as "too high" varies by county. I have seen some counties use 26 MPH plus as the bar, and others listing no bar at all. And I don't recall finding any specific traffic school bar in the Vehicle Code for excessive speed.

- Carl

 

[CdwJava]

If you are UNDER 18 (I missed this the first read), then the Juvenile Probation Department will contact you with a date and time for you and your parents to meet with a Juvenile Probation officer. Chances are that they will offer some form of deferral allowing you to keep your nose clean and this will go away. But this depends on the county. In mine, you'd be free and clear and this would never show on your license (my county bites when it comes to dealing with under 18 drivers).

- Carl

 

[ca42]

I live in San Diego County, if anyone knows anything specific about that. I did a little research and found that you are ineligible for traffic school only if you were 25+ over (according to CA Rules of Court 851.2.g), so I should still be eligible, although I assume the judge does have some say in this and could deny it to me if he/she so felt. As far as a Juvenile Probation officer, I've never heard of that happening for anyone around here.

My ticket does have a place, date, and time on it, although the officer said I would get a Courtesy Notice in the mail, which seems to infer that this can be taken care of by mail if I don't request a court hearing. However, it would seem to be worthwhile to at least request a hearing and hope the officer doesn't show. If he does, I can then ask for traffic school, assuming the judge allows it, yes? I'm a little worried that showing up for court may either exempt me from traffic school immediatly, or that the judge would not see fit at that point to allow me that option.

I also found this regarding juvenile drivers, although I'm not sure exactly what it's trying to say. It would seem that a juvenile driver commiting those violations listed would have to appear in court; however, my violation (basic speed law 22350) is not listed.

 

[CdwJava]

I live in San Diego County, if anyone knows anything specific about that.

Yep - used to work there as a cop.

I did a little research and found that you are ineligible for traffic school only if you were 25+ over (according to CA Rules of Court 851.2.g), so I should still be eligible,

Kinda sorta ... what you read describes the procedure for the court clerk to offer traffic school. However, as I have been told, the JUDGE can still allow you to take it.

although I assume the judge does have some say in this and could deny it to me if he/she so felt.

Correct.

As far as a Juvenile Probation officer, I've never heard of that happening for anyone around here.

Correct. In San Diego County (at least as recently as 5 years ago) juvenile traffic offenses go to traffic court with everyone else. This is not the case in all counties.

My ticket does have a place, date, and time on it, although the officer said I would get a Courtesy Notice in the mail, which seems to infer that this can be taken care of by mail if I don't request a court hearing.

Correct ... unless there are some other violations or circumstances not previously mentioned.

However, it would seem to be worthwhile to at least request a hearing and hope the officer doesn't show. If he does, I can then ask for traffic school, assuming the judge allows it, yes?

The mantra in traffic court in san Diego County is that the judge or judge pro tem (an attorney assigned to sit as judge at the traffic court) will advise everyone after the roll has been called that most people come to court hoping the officer will not show. He/she will then (usually) give the defendants and opportunity to raise their hand and settle their matter by traffic school if eligible.

I'm a little worried that showing up for court may either exempt me from traffic school immediatly, or that the judge would not see fit at that point to allow me that option.

This was no tthe case in San Diego County as of early 2001.

It would seem that a juvenile driver commiting those violations listed would have to appear in court; however, my violation (basic speed law 22350) is not listed.

Your violation is an infraction. You will go to traffic court and not Juvenile Court.

- Carl

 

[ca42]

Thanks for the great replies. Based on everything I've heard, I think my best course of action would be to request a court hearing. If the officer does not appear, problem solved. If he does, immediatly request traffic school and pay the fines. Does this seem to be the best resolution?

Is there any way to request the fines be reduced? Being under 18, money isn't an unlimited thing for me.

 

[CdwJava]

Is there any way to request the fines be reduced? Being under 18, money isn't an unlimited thing for me.

You can ask ... but they generally will only work on a payment plan.

- Carl

 

[garrula lingua]

I'm wrong on the traffic school. Thanks for the correction & info, Carl - I thought it was consistent in all counties. My error.

 

[CdwJava]

I'm wrong on the traffic school. Thanks for the correction & info, Carl - I thought it was consistent in all counties. My error.

I did the same thing ... that's why I now know. I assumed they were all forbidden at 26+ ... but its not the case, as I have found out. Its a matter of what the court will allow to be dismissed without appearing before a judge.

I hate being in error ... but, it happens to the best of us - even attorneys.

- Carl

 

[speed899]

Fight the ticket.

I would take it to court. I had the same issue when I was 18 and had a 77mph in a 50 zone. I went to court and they did not even care because they only want your money in PA and in NJ. I have had many tickets over the years and no one has ever fought me and I even had one session where the cop showed up and they still let me go and just wanted the fine paid.

 

[sukharev]

Just do TBD first, it's a free pass for a shot of winning, and with any luck you will. If you loose, you can request trial de-novo. Some people say you miss out on traffic school with TBD, though.

 

[ENASNI]

I am so worried that this is my daughter.