Ticketed for Speeding, 90 MPH in a 70 Zone

[donnarb]

What is the name of your state (only U.S. law)? CALIFORNIA
My question involves a traffic ticket from the state of: California
About 12 months ago I got a Cell phone ticket and when it came in the mail, there was an option for traffic school. I foolishly assumed that because they had the option, I should take it to hide it from my insurance (now I know that cell phone tickets have zero points).

Now I got a 90 in a 70 on the i-15 in Barstow.
My goal is to keep the point off my record. But since I used my traffic school on a stupid zero point ticket I no longer have that option

Should I:
A. delay it as many times as I can then plead no guilty and hope the cops a no show (When I asked him how much the ticket would cost the cop said "we don't make any money from the tickets and it's up to the county" so why would he show up?"
B. hire an attorney?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CALIFORNIA
My question involves a traffic ticket from the state of: California
About 12 months ago I got a Cell phone ticket and when it came in the mail, there was an option for traffic school. I foolishly assumed that because they had the option, I should take it to hide it from my insurance (now I know that cell phone tickets have zero points).

Now I got a 90 in a 70 on the i-15 in Barstow.
My goal is to keep the point off my record. But since I used my traffic school on a stupid zero point ticket I no longer have that option

Should I:
A. delay it as many times as I can then plead no guilty and hope the cops a no show (When I asked him how much the ticket would cost the cop said "we don't make any money from the tickets and it's up to the county" so why would he show up?"
B. hire an attorney?

Police officers almost always show up in court these days. When they can't, the judge will often grant a continuance in order to allow the officer to appear.

You COULD hire an attorney, but then you'd likely end up having to pay the ticket AND the expense of the attorney fees on top of it. Kind of an expensive way to try to avoid a couple of points on your license.

Maybe instead of trying to figure a way how NOT to take responsibility for the ticket, you should just pay it.

 

[Ladyback1]

Should I:
A. delay it as many times as I can then plead no guilty and hope the cops a no show (When I asked him how much the ticket would cost the cop said "we don't make any money from the tickets and it's up to the county" so why would he show up?"

Barring some significant reason, officers are required to show up in court when they write a ticket!
You don't honestly believe that for every ticket the cop writes he gets a "kick back"?

 

[Just Blue]

What is the name of your state (only U.S. law)? CALIFORNIA
My question involves a traffic ticket from the state of: California
About 12 months ago I got a Cell phone ticket and when it came in the mail, there was an option for traffic school. I foolishly assumed that because they had the option, I should take it to hide it from my insurance (now I know that cell phone tickets have zero points).

Now I got a 90 in a 70 on the i-15 in Barstow.
My goal is to keep the point off my record. But since I used my traffic school on a stupid zero point ticket I no longer have that option

Should I:
A. delay it as many times as I can then plead no guilty and hope the cops a no show (When I asked him how much the ticket would cost the cop said "we don't make any money from the tickets and it's up to the county" so why would he show up?"
B. hire an attorney?

How about you reread the rules of the road in your state.

 

[donnarb]

Ok so what about asking for the county seat?
It states that if my work or home is closer to the county seat I can ask to go there instead of the court listed. Barstow is in San bernardino county and the county seat is 50 miles closer to me. Anyone know anymore info about that? I'm reading that I had to have requested it as the cop was citing me. How do I request it now.

 

[swalsh411]

I can only speak for myself but I'm not inclined to help a person avoid responsibility for their actions. That is what you pay an attorney for.

 

[CdwJava]

Ok so what about asking for the county seat?

You can request that at the time of the citation. Afterwards, you would have to request a change of venue. Most courts won't do that without some compelling reason.

I am not familiar with this practice in San Bernardino County, but, they also consider that by moving it they also make it more expensive for the agency employing the officer because now HE has to travel further, too.

 

[Ohiogal]

I can only speak for myself but I'm not inclined to help a person avoid responsibility for their actions. That is what you pay an attorney for.

I don't help ANY of my clients avoid their legal responsibility. An attorney's role is actually to protect the client's rights (due process, procedural and substantial). But no, not to avoid responsibility.

 

[swalsh411]

I don't help ANY of my clients avoid their legal responsibility. An attorney's role is actually to protect the client's rights (due process, procedural and substantial). But no, not to avoid responsibility.

I didn't say that is what a lawyer does. I said that is sometimes what people hope for when they hire one.

 

[HighwayMan]

I can only speak for myself but I'm not inclined to help a person avoid responsibility for their actions. That is what you pay an attorney for.

Sounds like you're saying that attorneys help people avoid responsibility for their actions.

 

[davew128]

I don't help ANY of my clients avoid their legal responsibility. An attorney's role is actually to protect the client's rights (due process, procedural and substantial). But no, not to avoid responsibility.

I know you're an attorney but I will offer an example and tell me if you think it disagrees with you. Would you say your statement is true in the sentencing phase if an attorney is trying to get either unsupervised probation or perhaps an administrative deferral (leading to a dismissal)? Mind you, I have no ethical problem with that at all but trying to get a client a disposition after guilty plea which leads to a dismissal IS getting them to avoid responsibility, isn't it?

 

[Zigner]

I know you're an attorney but I will offer an example and tell me if you think it disagrees with you. Would you say your statement is true in the sentencing phase if an attorney is trying to get either unsupervised probation or perhaps an administrative deferral (leading to a dismissal)? Mind you, I have no ethical problem with that at all but trying to get a client a disposition after guilty plea which leads to a dismissal IS getting them to avoid responsibility, isn't it?

No, not at all. That is helping them minimize repercussions.

 

[swalsh411]

Sounds like you're saying that attorneys help people avoid responsibility for their actions.

In some cases they do. For example if the person is factually guilty (they did it) but the State has a weak case, mishandled evidence, untrustworthy witnesses, etc. The attorney for the accused will work those angles. If successful, the person does avoid responsibility for their actions.

 

[Ohiogal]

In some cases they do. For example if the person is factually guilty (they did it) but the State has a weak case, mishandled evidence, untrustworthy witnesses, etc. The attorney for the accused will work those angles. If successful, the person does avoid responsibility for their actions.

If the State has screwed up, that is called protecting someone's constitutional rights and due process.

 

[davew128]

No, not at all. That is helping them minimize repercussions.

Sounds like Clintonian word parsing to me. Isn't minimizing repercussions helping one to avoid the responsibility?