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Speeding Ticket in VA (15 over) CA Resident...

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JayVee7777

Junior Member
What is the name of your state (only U.S. law)? CA

I'm supposed to show up in court (which is obviously near-impossible) or waive trial and pay the fine. Is there any alternative? Any way to fight it without showing up in person?

Also, how would I minimize any impact to my record?
 


cyjeff

Senior Member
What is the name of your state (only U.S. law)? CA

I'm supposed to show up in court (which is obviously near-impossible) or waive trial and pay the fine. Is there any alternative? Any way to fight it without showing up in person?

Also, how would I minimize any impact to my record?
The only way to minimize impact would be to debate your case in court.

What is the reason it is near impossible to show up? And YOU have to show up.
 

FlyingRon

Senior Member
If you were 15 over, you're extremely lucky if they'll let you pay the fine.
In Virginia that gets you into the realm of Reckless Driving which is a misdemeanor and mandatory appearance.
 

JayVee7777

Junior Member
If you were 15 over, you're extremely lucky if they'll let you pay the fine.
In Virginia that gets you into the realm of Reckless Driving which is a misdemeanor and mandatory appearance.
After doing some online research, I see what you're talking about, but that is either 20 over or 80MPH+. I was (supposedly) doing 75 in a 60.

Other facts that may or may not be pertinent:

I was on vacation with my family, I was in a rental and therefore did not have a good "feel" for the car and the speedometer... I didn't realize I was over the speed limit that far, assuming I was. It's also possible the speedometer was off. But there's no way of knowing for sure...

It was in a real rural area, with nothing around but cotton and peanuts. I imagine that it's a very lucrative area for the state... $$$
 
I was on vacation with my family, I was in a rental and therefore did not have a good "feel" for the car and the speedometer... I didn't realize I was over the speed limit that far, assuming I was. It's also possible the speedometer was off. But there's no way of knowing for sure...

Because it's not a technical discrepancy your going after, your allegedly admitting to speeding. I highly doubt you'll get off, however factors such as driving record, court appearance and essentially the Judge's mood will aid in a non-technicality ruling.

Don't act like this guy
YouTube - gsxr on Speeders Fight Back
 

cyjeff

Senior Member
I was on vacation with my family, I was in a rental and therefore did not have a good "feel" for the car and the speedometer... I didn't realize I was over the speed limit that far, assuming I was. It's also possible the speedometer was off. But there's no way of knowing for sure...
Don't mention any of that in court.

Well, unless you want to lose, of course.
 

JayVee7777

Junior Member
So by your own admission you were guilty as charged? What do you plan to fight?
I don't think I was doing 75... whatever, at this point it seems immaterial, since I can't fight it anyway. I just want to know what else, if anything, I can do...
 

FlyingRon

Senior Member
Probably not. There's no trial by declaration or such here. Some courts have trial in absence, but you will just be found guilty. You could try a lawyer here, but you've not presented anything defendable even if you could come to court. "I don't think I was going that fast" is not a defense.
 

JayVee7777

Junior Member
Probably not. There's no trial by declaration or such here. Some courts have trial in absence, but you will just be found guilty. You could try a lawyer here, but you've not presented anything defendable even if you could come to court. "I don't think I was going that fast" is not a defense.
So I already paid the fine... What is going to happen to my driving record/insurance in CA?

And what WOULD BE a valid defense?
 

FlyingRon

Senior Member
So I already paid the fine... What is going to happen to my driving record/insurance in CA?
Probably nothing as far as driving record and other DMV issues in California.
Insurance companies probably will here. They're pretty savvy with computers, they don't need the NRVC to move things to their attention. It's up to your insurance company to figure out how they will adjust your rates based on the conviction.
And what WOULD BE a valid defense?
Because it doesn't refute the fact that you were observed speeding by the police.
 

FlyingRon

Senior Member
Something that would show your factual innocence. There's no real dodge other than that. Common things are to fight the accuracy of the speed measurement, the accuracy of your speedometer, etc...
 

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