Damn The Chp! Got Speeding Ticket

[iarearvin]

I got a speeding ticket for going 5 mph over + my window tint. Need advice please. but to help you out i can give you some more details.

First off, i was driving sb on i-15 and i caught up to the chp where i slowed down and was going about 65 when i noticed that i needed to go to the far right lane where i sped up a few miles to pass the cop and go to the far right lane, but as i was about to make my pass he turned his lights on and got behind me. After some time.. i asked him how fast i was going and all he could tell me "i dont know" and blah blah blah and gave me a nasty attitude. just a lil more info it was drizzling a little bit.

 

[CdwJava]

What kind of help do you need? The tint is probably a fix-it ticket, so remove it and you can likely get it dropped minus a filing fee of $10 or so. The speed is wobbly, but in rainy weather a safe speed is likely to be something less than the posted speed limit, so 5 MPH over can (arguably) be considered an unsafe speed for conditions.

You can fix the tint then plead guilty and go to traffic school, or, fight it and risk fines AND the points (and the increased insurance rates).

Your call.

- Carl

 

[BelizeBreeze]

What kind of help do you need? The tint is probably a fix-it ticket, so remove it and you can likely get it dropped minus a filing fee of $10 or so. The speed is wobbly, but in rainy weather a safe speed is likely to be something less than the posted speed limit, so 5 MPH over can (arguably) be considered an unsafe speed for conditions.

You can fix the tint then plead guilty and go to traffic school, or, fight it and risk fines AND the points (and the increased insurance rates).

Your call.

- Carl

ANYONE who sits behind the wheel of a moving vehicle in California traffic is an idiot!!!

 

[iarearvin]

thanks but u suggest that i shouldnt fight the 5 over, but i was trying to get over to the far right lane so i can go on the fwy, so i had to somewhat speed up a little bit and change lanes. He also wrote me up for not having isnurance or registration.. so what can i do about that?

thx

arvin

 

[CdwJava]

ANYONE who sits behind the wheel of a moving vehicle in California traffic is an idiot!!!

What? ... Our red lights equating to only quaint suggestions to think about stopping cause a problem for you? I just learned to count to five before proceeding through a green light and I'm safe.

- Carl

 

[rmet4nzkx]

Heck, I'm always amused when drivers catch up to and/or pass a cop and wonder why they get a ticket

 

[CdwJava]

thanks but u suggest that i shouldnt fight the 5 over, but i was trying to get over to the far right lane so i can go on the fwy, so i had to somewhat speed up a little bit and change lanes. He also wrote me up for not having isnurance or registration.. so what can i do about that?

Speeding up (in the rain) to change lanes is NOT going to be a valid excuse for exceeding the safe speed limit. Easing back would have been just as prudent.

And unless you HAVE insurance and registration, what would you expect to do about that? You are required to present valid insurance and valid registration to a peace officer when stopped ... don't have them? get a ticket. And if the vehicle is validly registered and you Do have insurance, bring these documents with you to court showing that on the day and time in question you had the paperwork, and maybe the judge will drop it.

- carl

 

[iarearvin]

thanks a lot, i really appreacite the advice

So theres pretty much no justification in me trying to plead my case that he was impedeing my movement of lanes thus i had to speed up a few miles to pass him up and before i got to pass him up he decided to give me a ticket. ?

I heard about this site :www.helpigotaticket.com and he says i have a fairly good chance of winning.

What do you think?

 

[CdwJava]

thanks a lot, i really appreacite the advice

So theres pretty much no justification in me trying to plead my case that he was impedeing my movement of lanes thus i had to speed up a few miles to pass him up and before i got to pass him up he decided to give me a ticket. ?

I don't know ... there might be. But exceeding the posted speed in the rain is not one of them. And how a CHP unit "miles" ahead of you somehow impeded your ability to change lanes or pass is kinda hard for me to imagine.

But, as I said, it's your call. If this occurred in San Diego County, I can virtually guarantee that if you fight it the option of traffic school will be off the table once you take the podium to go to trial. In any other county, the likelihood is still great that traffic school is gone once you go to trial.

But, if you feel you were wronged, then by all means go for it. Though ... unlawful tinting, no insurance, AND no registration? The judge ain't gonna look too kindly upon you any way.

- Carl

 

[CdwJava]

I heard about this site :www.helpigotaticket.com and he says i have a fairly good chance of winning.

What do you think?

Yeah ... and for every 10 beat-a-ticket web sites out there there are another hundred beat-a-ticket books. It's quite the cottage industry.

But, if you think you can beat it, go right ahead. But exceeding the limit in the rain is virtually a prima facie violation of CVC 22350 (unsafe speed).

EDIT: And additionally, upon reviewing the site, I found that the author (or someone) had misrepresented CVC 22350 as being SOLELY an "unsafe speed" statute. It is also the stautorily applicable violation for exceeding the posted speed limit. And in your case, you also have the added element of rain thus cementing both pieces of the section into place.

- Carl

 

[iarearvin]

I personally do not have nothing against law enforcement but there is no justice in the world of driving, honestly, there are people out there who do what i have done everyday for living. And i know there are plenty of drivers who can sympathize with what im saying. Anyhoo, what procedures do i do to get rid of tint and fix the registration and insurance stuff.

thx
arvin

 

[CdwJava]

I personally do not have nothing against law enforcement but there is no justice in the world of driving, honestly, there are people out there who do what i have done everyday for living. And i know there are plenty of drivers who can sympathize with what im saying.

There are people who do all sorts of things that are illegal, unsafe, immoral or fattening every day - it doesn't mean they should.

Anyhoo, what procedures do i do to get rid of tint and fix the registration and insurance stuff.

The tint should be an add-on tinting so it should just peel off ... unless you bought some custom smoked windows.

With registration, either get the vehicle lawfully registered or duplicate paperwork (if already lawfully registered). Keep in mind that if the registration is expired for 6 months or more the car can be impounded until the reg. is paid.

And insurance will simply require you obtain insurance.

When you get the insurance and registration, bring these items to court with you.

Oh ... and you can get cited again and again each time you are caught.

- Carl

 

[iarearvin]

thanks a lot carl, i really appreciate the advice. but for the tint all i really do is just take it off and thats all?i dont need to like get it certified or anything by the police?

thx

arvin

 

[CdwJava]

thanks a lot carl, i really appreciate the advice. but for the tint all i really do is just take it off and thats all?i dont need to like get it certified or anything by the police.

There should be a place on the back of the citation for an officer to sign it off. Once you have the tint removed you should be able to get that particular violation signed off as being corrected. Bring that signd citation to the court.

These instructions should be on your citation. And it should also come with the courtesy notice.

- Carl

 

[iarearvin]

Ok. One problem the window tint violation is not checked as a "correctable offense" so umm.. what do i do now? Also, on the back it states that the registration can be correctable but yet again he failed to check that it is correctable. Could that be a mistake upon the officer for not stating that and a reason to fight it all for false information ?

arvin