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Speeding Ticket, Mandatory Court Appearance!

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amdspitfire

Junior Member
What is the name of your state? California

Got a speeding ticket for 94mph in 60mph.

The ticket came in the mail and says mandatory court appearance. It was radar (road was curving and uphill, one car ahead of me) conditions where clear, traffic was medium.

My record is clean. What do i go do/say in court?
 


S

seniorjudge

Guest
amdspitfire said:
What is the name of your state? California

Got a speeding ticket for 94mph in 60mph.

The ticket came in the mail and says mandatory court appearance. It was radar (road was curving and uphill, one car ahead of me) conditions where clear, traffic was medium.

My record is clean. What do i go do/say in court?
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.
 

CdwJava

Senior Member
amdspitfire said:
yah read that need more advice
Like ... what?

If you want to fight a radar citation, unless you are prepared to do a lot of research in a short period of time, then you really need to hire an expert attorney. If you intend to fight the cite on technical grounds, you will need someone who knows the laws, the technology, and operational procedures for a radar.

Nothing you stated in your initial post gives any reason to believe the radar was incorrect. Your defense will include road surveys, an evaluation of the training of the officer and his certification to use the radar, the maintenance of the device, and the proper tuning of the device prior to shift or operation. Unless you can master all these elements before the court date, it's time to hire an attorney .... or, plead guilty and do traffic school.

EDIT: Oops! Nix that! Given the speed, traffic school is out.

- Carl
 

amdspitfire

Junior Member
i just want to get out of this with the least damage possible. Deffending myself wont be too affective with my knowledge.

Should i delay the court date? Should i hire an attorney?
 

CdwJava

Senior Member
amdspitfire said:
i just want to get out of this with the least damage possible. Deffending myself wont be too affective with my knowledge.

Should i delay the court date? Should i hire an attorney?
Delaying might be a good tactic ... or so I have heard. But hiring an attorney might be best.

Or, get the money together, show up in court and hope the officer doesn't show up and the case is dismissed. But have the money just in case.

- Carl
 
N

NotACopOrLawyer

Guest
I wasn't aware they could send speeding tickets in the mail, yet. (SB 466 is in the legislature and will allow mailed speed tickets, but if it passes it still won't be in force until 1-1-2006.) What city or agency did the ticket come from?

(There was a private citizen sending out fake tickets in the mail. All you had to do was send him $$$ by return letter. See article http://www.signonsandiego.com/news/metro/20041127-9999-2m27ecrime.html# )

Also, the City of San Jose mails out automated speeding tickets that you can ignore. For more details on that, see http://www.highwayrobbery.net

NACOL
 

CdwJava

Senior Member
NotACopOrLawyer said:
I wasn't aware they could send speeding tickets in the mail, yet. (SB 466 is in the legislature and will allow mailed speed tickets, but if it passes it still won't be in force until 1-1-2006.) What city or agency did the ticket come from?
I believe 466 covers radar camera tickets. We can send out tickets via mail or summons via mail from the DA's office ... the big difference is that you can't very easily prosecute for the FTA unless sent by certified mail.

- Carl
 

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