Bad replies

[BelizeBreeze]

My apollogies. I misunderstood. However, my answer is still the same. It would be inappropriate AND illegal for me to charge for legal advice. I only tell people what I would do in a similar situation.

Jimbo

Telling your parents shouldn't be such a big deal. You are almost an adult. You should accept some responsibilty as an adult.

So, why do you not want to fight the ticket? You were almost certainly cited for VC22350. This has got to be one of the easiest tickets to beat. 22350 states:

22350. No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.

Notice there is nothing there that says exceeding a posted speed limit. You were charged with driving at a speed which endangers the safety of persons or property. This is nearly impossible to enforce (unless the driver just doesn't want to challenge it) because if you truly were endangering persons or property, you likely would have been charged with something else.

Furthermore, you are protected by California's speed trap laws. This is where I would start. You simply need to call Caltrans and find the person who does the traffic and engineernig surveys for that particular section of highway. The survey must justify the 50mph speed limit. If it doesn't, enforcement of the limit constitutes a speed trap (assuming he used radar or other electronic means to determine your speed). Personally, every person that I have seen who was charged with 22350 and researched the traffic/engineering survey found that the posted limit was unjustified. This is not to suggest that all posted limits are unjustified... but a lot of them are.

I say, do your homework. Tell your parents you got a ticket and then demonstrate to them how you intend to avail yourself of the rights afforded by our govenrment by defending yourself in court. Hopefully, they will be supportive.

Jimbo

Now where, in this, or other posts, have you stated this is what YOU would do? Sure sounds like legal advice to me.

 

[AlanShore]

If that's the legal advice you gave to a teenager who just got his first speeding ticket...its just plain wrong. He could most likely get a reduction or simply go to traffic school to avoid points. Instead you advise him to take the risk of going to trial? Ignorance Jim bo, just ignorance.

 

[Jim_bo]

Most people come here just to ask what to do. The smartest thing that I or anyone else on this forum can tell them is to try to plea it out or beg for mercy. Advising someone with no legal experience to go to trial is stupid. Not to mention the fact they are throwing away their time, money, and energy. Most people come here to find out the easiest way they can take care of this with least expenses and penalties. Pleading it out or begging for mercy is their best option.

Well... I guess your opinion is that this board is unnecessary. It could just have a banner at the top that says "plead for mercy". Personally, I think one may legitimately "beg for mercy" in a capital offense case. But in a traffic ticket case, I think that is just dumb. How much "mercy" is a judge really going to offer you? Reduce your fine from $200 to $150??? Is that your definition of mercy? For God's sake man... where is your dignity??

How did you get all your traffic court experience? By getting tickets yourself....That doesn’t make a strong record. Now while personal experience is always useful it does no way out rank the legal experience and expertise of the lawyers, police officers, judges, paralegals, and legal geeks on this forum.

What is a "legal geek"?? Is that a non-legal professional who has an interest in the law and has spent many hours researching the law and has some experience in the application of that law? If so, then am I not a "legal geek"??

Jimbo

 

[CdwJava]

I have helped one person already recieve an acquital because the DA refused to provide discovery. I have a ticket right now in which the DA has refused my discovery request.

In many counties the DA has nothing to do with traffic tickets - they go straight to the court. That is the case in my county. My DA's office never even sees them. Serving an order of discovery on the DA will result in nothing because they HAVE nothing to provide.

- Carl

 

[Jim_bo]

Now where, in this, or other posts, have you stated this is what YOU would do? Sure sounds like legal advice to me.

BB, you make me tired. What is your point? Do you have an interesting concurring or opposing opinion, or do you just like to jump into threads and point out that someone may not have crossed a t or dotted an i??? If you think I have represented myself as an attorney, then let me take the wind out of your sail:

I want everyone on this site to know I am not an attorney and I deeply appologize if anyone was duped by my obviously deceptive posts.

BB, I think the only responsible thing you can do now is report me to the state Attorney General as a person attempting to practice law without a license. Now, please go busy yourself with the AG and leave me alone unless you want to offer something interesting and legitimate. Otherwise, you are just being a troll.

Jimbo

 

[Jim_bo]

If that's the legal advice you gave to a teenager who just got his first speeding ticket...its just plain wrong. He could most likely get a reduction or simply go to traffic school to avoid points. Instead you advise him to take the risk of going to trial? Ignorance Jim bo, just ignorance.

Ignorance is the lack of knowlege. I don't think I have demonstrated a lack of knowlege. You may argue that I am irresponsible, but not ignorant. Maybe you should read the whole thread instead of the single post BB quoted. To form an opinion without doing so would be ignorant.

Jimbo

 

[BelizeBreeze]

BB, you make me tired. What is your point? Do you have an interesting concurring or opposing opinion, or do you just like to jump into threads and point out that someone may not have crossed a t or dotted an i??? If you think I have represented myself as an attorney, then let me take the wind out of your sail:

I want everyone on this site to know I am not an attorney and I deeply appologize if anyone was duped by my obviously deceptive posts.

BB, I think the only responsible thing you can do now is report me to the state Attorney General as a person attempting to practice law without a license. Now, please go busy yourself with the AG and leave me alone unless you want to offer something interesting and legitimate. Otherwise, you are just being a troll.

Jimbo

Actually, I have done better than that

 

[Jim_bo]

In many counties the DA has nothing to do with traffic tickets - they go straight to the court. That is the case in my county. My DA's office never even sees them. Serving an order of discovery on the DA will result in nothing because they HAVE nothing to provide.

- Carl

Carl, with all due respect, I think that Penal Code 1054 and 1054.1 and the CA Government Code section 26500 disagrees with you. While there is case law that has determined that the DA's absence at a traffic infraction trial does not inherently deprive the defendant of a fair trial, there is nothing that relieves the DA from the obligation to provide discovery when requested.

Your DA's office never sees traffic tickets because they choose not to. However, you, as a cop, do not prosecute traffic tickets. You appear as a witness, nothing more, nothing less. The act of prosecution is still under the authority of the DA's office. The DA still is obligated to adhere to the cited penal codes.

Jimbo

 

[Jim_bo]

Actually, I have done better than that

Well... aren't you just tricky....

 

[BlondiePB]

I come on this site every now and then to offer some advice to people, especially those with traffic tickets in CA. I have a bit of experience dealing with them, so I have something to offer. However, it seems that everytime someone posts a plea for help, there are always two types of answers:

1. Go to court and beg for mercy

2. I have no sympathy for you... you broke the law.

What the hell is wrong with people who post like this? Most people who seek advice here have rarely if ever been ticketed and they have little experience with the legal system as it pertains to traffic violations. They are only asking for help. I can't for the life of me understand what makes the pinheads who post one of the above type statements think that they are being helpful. Personally, I think they do nothing but detract from this site and they should just shut the hell up.

Jimbo

Once a person posts, one is open to replies from anyone...be they good, sarcastic, etc. No one is forcing you to come here and post, and you cannot control what others post. Since you don't like replies that people post, perhaps you can get a refund on your membership from the Administrator.

 

[CdwJava]

If you have ever driven on 395 (or most any other major highway in CA), you'll agree that if you simply drive the speed limit, you will become a hazard as you will be impeding the flow of traffic ( which is a violation of the VC, by the way).

If I'm doing the speed limit, I would not be impeding.


- Carl

 

[Ozark_Sophist]

I see that SeniorJudge demonstrated in the other thread the problem you have. You repeated pointed to a statute as justification for violating posted speed limits, but failed to read other sections of the statute's that blow your justification out of the water. I commend you on your research, but sometimes pointing out a specific statute without understanding how other statutes affect the interpretation of said statute is the wrong course of action.

Yes, this forum is not just for legal professionals, but when you cite specific statutes and/or case law, you present a familiarity with the law that is confusing and misleading, particularly if you are wrong.

 

[Jim_bo]

Once a person posts, one is open to replies from anyone...be they good, sarcastic, etc. No one is forcing you to come here and post, and you cannot control what others post. Since you don't like replies that people post, perhaps you can get a refund on your membership from the Administrator.

Blondie,

My frustration with people's posts are not to be confused with a statement against the right of the poster to say what they will. In this country, people are free to be a stupid as they like!!

That being said, please accept my gratitude for making a post that is directly related to the topic of the thread, offered a legitimate point, and was peppered with a bit of witty intellect. I always invite such replies.

Jimbo

 

[Jim_bo]

If I'm doing the speed limit, I would not be impeding.


- Carl

Once again, you and I can respectfully disagree.

 

[BelizeBreeze]

If I'm doing the speed limit, I would not be impeding.


- Carl

and if Jimbo knew anything about the procedures of the California court system, he'd know to whom the motion for discovery should be served upon and when.