Unsure of what to do

[James10140]

Location: Sacramento, CA

I was pulled over recently and cited for 85 in a 65 by the CHP. The officer stated to me that he paced the car in front of me and I caught up to it. He was about 350-400 feet back in the slow lane and I was in the fast lane (4 lane freeway). Here are my questions:

1. Should I fight it?

2. Can I request from the judge to be able to attend traffic school? The problem is that the paperwork states that you cannot repeat traffic school if you have gone in the last 18 months and I have gone during that time (speeding--I've slowed down now). If the judge would grant this request, I would just pay the fine and attend the school.

Thanks in advance for all of your advice.

James

 

[CdwJava]

1. Should I fight it?

That's up to you. Do you have the time to fight it? Figure a minimum of two court appearances.

Do you have the money for an attorney?

Do you have the time to try and do the research, seek discovery, build a defense case on your own? More importantly, do you HAVE a defense?

2. Can I request from the judge to be able to attend traffic school?

Yes.

The problem is that the paperwork states that you cannot repeat traffic school if you have gone in the last 18 months and I have gone during that time (speeding--I've slowed down now). If the judge would grant this request, I would just pay the fine and attend the school.

The judge might still be able to permit you to go to traffic school (depending on the specific offenses and the current citation). However, they usually do not allow it even if they can. If this is the case, then you would have to go to court and make the request.

- Carl