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Need tips on how to fight a speeding ticket in court

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3K views 32 replies 20 participants last post by  dmz  
#1 ·
OK, I got a ticket on a interstate highyway for doing 75MPH on a 65MPH zone while driving my M5. I was traveling at normal traffic speed with other traffic on the left lane and I got singled out by the CHP. I am in CA and I traffic school is not an option for me. So, I pretty much have to face the music and fight the ticket in court. I am going to go to court and fight the ticket. So, I'd like some tips from those people who went thru this process and had success in fighting the ticket in court. What was your strategy that make you win the fight in court. Any helpful comment is appreciated. TIA!
 
#3 ·
Not to be a jerk but you were speeding you got caught, pay the fine and move on. If there is a legitimate excuse fine but this is why tickets in NY have a court cost associated with them, too many people were fighting them.

In CT (atleast for awhile) if you paid your speeding ticket = no points just fine, if you fought and lost, points and fine. It worked(s) well
 
#4 ·
DrewT said:
Not to be a jerk but you were speeding you got caught, pay the fine and move on. If there is a legitimate excuse fine but this is why tickets in NY have a court cost associated with them, too many people were fighting them.

In CT (atleast for awhile) if you paid your speeding ticket = no points just fine, if you fought and lost, points and fine. It worked(s) well
Still true in CT if you pay your fine - no points & not reported to insurance
 
#6 ·
tough break, were you only doing ten over the limit? or did the officer cut you a break and just write the ticket for ten over? just wondering because I drive ten over the limit all the time ad ussually feel pretty safe that the police will leave me alone, Josh
 
#7 ·
bmwusa said:
tough break, were you only doing ten over the limit? or did the officer cut you a break and just write the ticket for ten over? just wondering because I drive ten over the limit all the time ad ussually feel pretty safe that the police will leave me alone, Josh
To be safe, you've gotta keep it below 10. I usually go 7 miles over. I've been hit with radar at that level and never been stopped. Over 10, its a field day.
 
#10 ·
I gave a donation to the Texas fraternial order of police and they said for my support they would send me a sticker or something to put on my car, and darned if they didnt call me three times in a 10 day period to verify if I have sent the check, but once they got it, it has been 8 weeks and still no stickers, I guess they got what the wanted, so screw me I can wait:rolleyes:
 
#11 ·
Not sure about the FOP there but the equivalant here, they PBA does not solicit, period amen end of story, so if in NY you get a call it is most likely NOT the real organization you need to donate to, to get "help" if you get pulled over.

Basically these orgs don't help the officers, they have causes that the officers help, the PBA is a UNION in NY and that is who helps cops in trouble, hurt on the job, IAB investigation representation, etc. Cops pay for this out of thier checks just like any other union.

Having family in various LEO's I personally like the buy a vest programs and donations to orgs that help injured cops and families who have lost a member in the line.
 
#12 ·
Big bummer but if its your first speeding ticket in a while and you are not 15 over (meaning "wreckless") you should (used to) be able to go to one of those waste of time "safety classes" and avoid the point on your record, not much in cost savings. Has that changed?

If you contest the ticket, on what possible grounds? The judge is not going to be too warm when contesting such a ticket. Sounds like a big waste of time to me and just more anquish.

Not sure if this helps, but try reflecting on all of the times you were not "caught" being bad. Sort of evens out. I do not think your insurer is going to hammer you for this ticket. If so, try another carrier. Problem is though you can not afford to get another in a while, so its off to the track you go to get your yayas off!

Should be an awesome weekend in the Bay Area. I'd focus on that.
 
#13 ·
I think the best way is to request a "trial by written declaration". Don't show up in court. Do the written declaration and be done with it.

Check out www.ticketassassin.com to find out more about this. I think they charge $25 for some forms and examples.

My fiance just got a ticket last month for 47 in a 35, but the location indicated on the ticket is a 45 zone hmmm . She wrote up a "trial by written declaration" and submitted it to the courts asking that it be dismissed becuase it was only 47 in a 45 (either that, or allow traffic school). Haven't heard back yet...I'll post results when we find out.

Good Luck!
 
#14 ·
That has got to be one of the most selfish post i've ever seen. Talk about assumption before the facts!
What you don't seems realize is that we are all at risk of getting a ticket when we drive on the freeway unless you drive slower than the rest of the traffic. The cop can pretty much stop anyone in the freeway and chances are you are going over the speed limit. Believe me it can happen to ANYONE. I hope when it happens to you, you won't get some jerk saying the same thing to you.
Again, I am not looking for sympathy or opinions, just facts from people who has gone thru the court process. Thanks you.



DrewT said:
Not to be a jerk but you were speeding you got caught, pay the fine and move on. If there is a legitimate excuse fine but this is why tickets in NY have a court cost associated with them, too many people were fighting them.

In CT (atleast for awhile) if you paid your speeding ticket = no points just fine, if you fought and lost, points and fine. It worked(s) well
 
#15 ·
M-FĂĽnf,

Thanks for posting this link. There is some very helpful tips there. I might just give it a try.

M-FĂĽnf said:
I think the best way is to request a "trial by written declaration". Don't show up in court. Do the written declaration and be done with it.

Check out www.ticketassassin.com to find out more about this. I think they charge $25 for some forms and examples.

My fiance just got a ticket last month for 47 in a 35, but the location indicated on the ticket is a 45 zone hmmm . She wrote up a "trial by written declaration" and submitted it to the courts asking that it be dismissed becuase it was only 47 in a 45 (either that, or allow traffic school). Haven't heard back yet...I'll post results when we find out.

Good Luck!
 
#16 ·
DrewT said:
Not to be a jerk but you were speeding you got caught, pay the fine and move on. If there is a legitimate excuse fine but this is why tickets in NY have a court cost associated with them, too many people were fighting them.
It's people like you that keep the courts in business collecting and cashing our checks and hiring more cops to write needless tickets. "pay the fine and move on"? Ever learn about how the law works in your own country? Innocent until proven guilty mean anything to you? The right to a trial with a jury of your peers (which is sadly, usually not the case with traffic fines because that makes it easier to convict people)? Also the increase in court costs are meant as a deterent to get people NOT to contest tickets and simply mail in the fine. Add to this unrealistic and illegally set speed limits without a proper traffic and engineering study, and you have a huge corrupt system burning and churning out otherwise law-abiding citizens. In NY, your system is so corrupt that the states and local governments are now fighting over who gets to keep the funds from traffic fines. Predators fighting over a kill.

I hope that you have submitted yourself for punishment to the local constables EACH AND EVERY TIME you have exceeded the speed limit.
 
#18 ·
You guys are unbelievable, you broke the law now pay the price it is a simple as that. I understand that IF I speed I run the risk of getting caught (maybe "unfairly") and having to pay a fine. Be responsible for your actions and live with the concequences (sic). I am not saying the system doesn't suck but is the one we got, fight to change it if you feel so strongly. Fight the ticket and exercise your rights if you are innocent but if not don't make excuses.

Also how is it selfish? I stand to gain nothing.
 
#19 ·
My thought... (worth the internet space it's written on ) is 10mph over isn't going to be much of a ticket. I'd imagine a judge thinking the officer was already being easy on you, and isn't going to be too sympathetic, unless you can find some fault in the ticket itself, a technicality. I've gotten out on a couple of those. Knock on wood, but no trouble since mounting my chp 11-99 frames over 5 years ago. Even if everyone else is speeding, i can't imagine a judge finding that an acceptable excuse. Being in the left lane can make you the easy target.
You can probably find the california dmv code on the internet somewhere and see how the exact violation code you were written up for is defined and look for a loophole to apply to your case.
Mike
 
#20 ·
dmz, it seems to me that you were guilty of association. What I mean by that is, I believe you were ticketed for the mere fact that you were in a luxury sedan (the M5). I can't see any other reason why the officer would target you and ignore the rest. The cop must have smelled $$ as you drove by him. Apparently you were just going with the flow of traffic and the cop sniffed you down. This happens all the time. Unfortunately, who he gives tickets to is under his discretion. The law, yes. Fair, no!

Even though the ticket was given unjustly, my best advice to you is to offer to pay the fine if in return you do not get any points. I don't know how the laws are in CA but in NY, those who get tickets and go to court usually speak/negotiate, with the officer, before dealing with the judge.

Or you can opt to attain a lawyer. A lot of my friends have told me that they have benefited from that but I never did it myself so I wouldn't be able to tell you how it went.

Nonetheless, I've been in your shoes my friend. I feel your anguish :(. I hope you find a way to get out of it.
 
#22 ·
dmz,
As I have suggested in similar threads, the way to deal with this is an experienced traffic attorney. Yes it costs money, but in manny states the cost of insurance and Motor Vehicle Department surcharges will cost from 500 to 1k dollars over a 3 year period.
Also, take a look at the National Motorists Assn. (website is motorists.org). They usually can refer to an experienced attorney. They also have a kit you can rent to use if fighting a traffic ticket yourself. Become a member; it will pay dividends.
 
#23 ·
Show up at trial, it's a 50/50 chance that the cop won't show up, and you win by default. The odds of him not showing up increases each time you manage to continue the trial date. In some courts, if the cop does show up, you can still ask for traffic school. Nowadays, you can do a home course traffic school, or even over the internet-- it takes less than an hour, and sure beats wasting a whole afternoon or evening sitting in a classroom bored out of your mind.
 
#24 ·
Why is traffic school not an option for you? If you contest you risk having the fine increased however if you have already used your 18 month allotment of traffic school then it can't hurt to contest.

My wife got a ticket for doing 77 in a 65 in Northern California and although she could have just taken traffic school we decided to contest using a written decleration. Not only did they slap her with a conviction but they also denied her the ability to go to traffic school. She ended up getting another ticket 6 months later she went straight to traffic school

In Cali - take traffic school and love it if it your first ticket in 18 month. If you have exhausted your use of that, contest since you have nothing to lose.


Good Luck!

Ed
 
#25 ·
First step, get an extension. Second, request trial by declaration. Third, prepare TBD. If you need help, shoot me a PM with the specific Veh. Code section you allegedly violated. In CA, we have laws concerning speed traps, the use of radars, and engineering surveys on radar enforced streets and highways. I just beat a ticket using this method. Fourth, if you lose the TBD, request a Trial de Novo (in person before a Judge). Fifth, if you lose the Trial de Novo, request traffic school.

To all the people that say you shouldn't fight the ticket, please realize that speed laws are very much "revenue generators" and some roads have speed limits which are artificially low compared to the ability of a modern automobile's ability to navigate the same. Also, in the US, we are innocent until PROVEN guilty. The burden is on the State to produce enough evidence to convict you, not the other way around.
 
#26 ·
Ag Surfer said:
To all the people that say you shouldn't fight the ticket, please realize that speed laws are very much "revenue generators" and some roads have speed limits which are artificially low compared to the ability of a modern automobile's ability to navigate the same. Also, in the US, we are innocent until PROVEN guilty. The burden is on the State to produce enough evidence to convict you, not the other way around.
Well said. Speeds are set artificially low to generate revenue for the state/city. The burden of proof is on them, but the system is so corrupt that it is tough to get by the judge. The best bet is to get a lawyer that does alot of traffic....and he will probably get off.