speeding and radar

[hellnawitsc]

What is the name of your state (only U.S. law)?
California

I got pulled over and was told I was marked on radar, but was not shown the radar upon request... I heard that if I wasn't shown the radar when I ask, they can't give me a ticket?

Second, I feel like I was pulled over on accident. It was 3am and another car drove past me, speeding. I'm planning on challenging this in court, but wasn't sure what the best way to go about this. And is it true that if the officer that gave you the citation is not present, I win and my ticket is dismissed?

 

[JIMinCA]

If you know so little about the law, why don't you just describe what happened and give all the information about the ticket and see if someone can help you instead of slinging defenses from the hip.

 

[CdwJava]

I got pulled over and was told I was marked on radar, but was not shown the radar upon request... I heard that if I wasn't shown the radar when I ask, they can't give me a ticket?

You were told wrong. There are a host of reasons why it is a bad idea to bring a driver out to allow him to inspect the radar. Plus, there is no law requiring this, and I have yet to hear of an agency where this is policy or practice.

Second, I feel like I was pulled over on accident. It was 3am and another car drove past me, speeding. I'm planning on challenging this in court, but wasn't sure what the best way to go about this.

That is certainly a viable defense option to raise at trial.

And is it true that if the officer that gave you the citation is not present, I win and my ticket is dismissed?

Only at trial (not the arraignment - which is the first hearing - and, generally, only upon your motion to dismiss ... if the court does not dismiss outright. Some dismiss automatically, some will continue the matter. But, such a continuation might bring up other problems.

- Carl

 

[hellnawitsc]

You were told wrong. There are a host of reasons why it is a

Only at trial (not the arraignment - which is the first hearing - and, generally, only upon your motion to dismiss ... if the court does not dismiss outright. Some dismiss automatically, some will continue the matter. But, such a continuation might bring up other problems.

- Carl

Thank you!

But what other problems could arise? Could my fine get heavier or insurance suffer more then it would if I didn't fine it? Do you believe it would be worth the fight or best if I gave up and just pay, from looking at the potential problems?

 

[seniorjudge]

Thank you!

But what other problems could arise? Could my fine get heavier or insurance suffer more then it would if I didn't fine it? Do you believe it would be worth the fight or best if I gave up and just pay, from looking at the potential problems?

Based solely on the facts you have given us so far, you have no defense.

 

[CdwJava]

There might be a number of ways to fight the allegation, but they will take a lot of work on your part.

Yes, fighting the charge might have its pitfalls. If you take the stand at trial, very often the court will take the option of traffic school off the table if you are found guilty. In my experience, this is the practice in most courts - but not all.

There are dozens of threads here and and sites on the internet that give you some idea of how to fight a CA speeding ticket ... but, beware! To do it properly takes a good deal of effort. Unless you have the time and desire to stick to it, you might be better served by hiring an attorney, taking traffic school, or scheduling a trial in the hope the officer doesn't show (then plead guilty for traffic school).

I am sure Jim will be along to provide you with ideas on how to fight a speed ticket, so you can wait, or you can search the numerous threads here already covering the topic.

- Carl

 

[hellnawitsc]

There might be a number of ways to fight the allegation, but they will take a lot of work on your part.

Yes, fighting the charge might have its pitfalls. If you take the stand at trial, very often the court will take the option of traffic school off the table if you are found guilty. In my experience, this is the practice in most courts - but not all.

There are dozens of threads here and and sites on the internet that give you some idea of how to fight a CA speeding ticket ... but, beware! To do it properly takes a good deal of effort. Unless you have the time and desire to stick to it, you might be better served by hiring an attorney, taking traffic school, or scheduling a trial in the hope the officer doesn't show (then plead guilty for traffic school).

I am sure Jim will be along to provide you with ideas on how to fight a speed ticket, so you can wait, or you can search the numerous threads here already covering the topic.

- Carl

Thank you for your time and help. It's extremely appreciated!

But just to let you know, a possibility of traffic school is out of the question since I have previously received a ticket in July 2007.

If I schedule for trial and the officer doesn't show, should I still plead guilty or innocent? I'm hoping to get this ticket dismissed and off my record, if at all possible. I'm definitely willing to put in the work, time and effort!

My court date isn't until Oct. so I still have time, but I want to get it dismissed if at all possible. I don't have the time right now, but I'll explain my situation a little better later. Thanks for EVERYONE's time and advice!

 

[CdwJava]

But just to let you know, a possibility of traffic school is out of the question since I have previously received a ticket in July 2007.

Ah! Not so! The court still has the discretion to allow a special traffic school for you.

If I schedule for trial and the officer doesn't show, should I still plead guilty or innocent? I'm hoping to get this ticket dismissed and off my record, if at all possible. I'm definitely willing to put in the work, time and effort!

Well, you would plead "not guilty" at the arraignment if you wish to go to trial. At trial, the court will often do the roll call (and after you would know if the officer showed or not)before asking if anyone wants to plead guilty in order to get traffic school (if eligible).

If you want to fight the offense, you can do a search on the internet for speed defenses in CA or search here for posts on 22350 and defenses ... most the info is provided by JiminCA - he can relate it better than I (plus, my heart just is not in the defense side of these things). But, as I said, it can be hard work and most people often learn just enough to hang themselves and not enough to be of any great benefit. But, ya never know.

- Carl

 

[Hey There]

Ball is in your court

hellnawitsc

In CA. a driver is entitled to Discovery. This means a driver cited for a traffic ticket can request a copy of the front and back of the ticket, a copy of the video if one was made, and information pertaining to the method used to determine the speed of the cited driver.
The Judicial Council doesn't provide a form to request Discovery, but a form and instructions can be obtained by going to Help! I Got A Ticket! or-Google --Discovery for Traffic Tickets--.The driver gives the request to A FRIEND who then mails one copy to the D.A. and one to the citing officer, certified, return receipt requested. (The form for requesting Discovery on the above website can be modified to send to the citing officer or a trip to the library might yield a book on contesting traffic tickets in CA. with a form that can be copied in the back of the book.) The friend then gives the driver a Proof of Service which the driver retains for his records.
A continuance can be had if the driver needs more time to prepare his case by a simple call to a court clerk.
A driver can also file a Trial by Declaration. Form TR200 gives instructions on how to do this. Form TR205 is a one page form that the driver submits an explanation on why he isn't guilty of the violation he was charged with. These forms can be obtained from a court clerk, The judicial council website, or Google Trial by Declaration.
If the judge rules against the driver, the driver can file for a new trial and request a different judge if done within twenty days.
Speeding Ticket--Fighting or Plea Bargaining typed in on Google will give you 13 ways a radar unit can be wrong, what to do when stopped, the rights of a cited driver and how to contest a speeding ticket.

Best Regards,
Hey There

 

[JIMinCA]

You should provide us with ALL the pertinent information:

-Is all the information on the ticket correct?
-Have you been arraigned? If so, did you plead not guilty? If so, did you sign anything?
-What section of the vehicle code were you charged with?
-What was the posted speed limit?
-How many lanes were there on the highway?
-Was the cop in full uniform and in a marked patrol car?
-Did you make any admisssions to the cop?
-Is there anything else significant that you should share?

Don't be afraid of providing too much or useless information...