A ticket to fight?

[pmrowley]

California, Orange County.

My wife was recently pulled over by a CHP officer for following too close. He stated that she was less than 10' feet away from the car in front of her. (Which she denies. She thought she was a little over a carlength, at minimum.) Here are the details:

Time: about 8:00 P.M. The 405 freeway was fairly busy, and she was boxed in the #1 lane, trying to move to her exit, about a mile up the road. She accelerated and was slowly approaching the car in front of her, watching the #2 lane for an opening, and was just about to hit her blinker, when she got popped. (Ironically, she was pulled off onto her exit!) She was also given a warning for speeding (no radar, warning for about 80 in a 65.) and a fix-it for the lack of a front license plate (new car, hadn't gotten the front plate mounting on yet.)

The question is, is this a fightable ticket, and if we do decide to fight it, does she wave her right to go to traffic school? Personally, I think this was a rather unjust ticket, and she just happened to be in the wrong place at the wrong time. She hasn't gotten a ticket in about 6 years. He also mentioned that we wouldn't get a courtesy mailer, that she would have to appear in court. I figured that was because of the fix-it portion of the ticket, yes?

Thanks,
-Pat

 

[CdwJava]

My wife was recently pulled over by a CHP officer for following too close. He stated that she was less than 10' feet away from the car in front of her. (Which she denies. She thought she was a little over a carlength, at minimum.)

Then she was following too close. If she was at the speed limit on the 405 (assuming a low of 55 where she was) she should have had some 5 or 6 car lengths in front of her to be safe.

Here are the details:

Time: about 8:00 P.M. The 405 freeway was fairly busy, and she was boxed in the #1 lane, trying to move to her exit, about a mile up the road. She accelerated and was slowly approaching the car in front of her, watching the #2 lane for an opening, and was just about to hit her blinker, when she got popped.

She closed the gap to the car in front of her and was likely too close to provide a safe distance in case of sudden braking or other emergency.

The question is, is this a fightable ticket, and if we do decide to fight it, does she wave her right to go to traffic school?

I don't see a valid legal defense, but a judge has opinions like anyone else does, and he might think this was a pointless cite.

Fighting the ticket won't waive traffic school, but taking the stand at a court trial might take traffic school off the table as an option. Usually the courts keep traffic school open as an option up until the actual trial.

Personally, I think this was a rather unjust ticket, and she just happened to be in the wrong place at the wrong time.

That's how everyone gets caught. People regularly roll through stop signs, too. When they get caught it's because an officer happened to be there.

She hasn't gotten a ticket in about 6 years. He also mentioned that we wouldn't get a courtesy mailer, that she would have to appear in court. I figured that was because of the fix-it portion of the ticket, yes?

It could be. But different courts have different policies. It could be that Orange County is cutting costs and mailers cost money.

- Carl

 

[NotACopOrLawyer]

Fight it. If the cop doesn't show up for the trial, you win. And in my experience in southern Cal they show up less than half the time (even the CHP).

If the cop does show up, then it would probably be wise to grab traffic school immediately when you are called forward for your case. Unless, while you were watching the cases that went before yours you noticed that the judge was giving traffic school even after people had argued their cases (and lost). Many judges do that, but many don't.

The best book I know of for fighting tickets is Fight Your Ticket, by David Brown, available at every public library. (No, I am not him!)

NACOL