Help! Got a traffic ticket last night>.<
#1
Lead Lap
Thread Starter
iTrader: (21)
Join Date: May 2011
Location: CA
Posts: 569
Likes: 0
Received 0 Likes
on
0 Posts
Help! Got a traffic ticket last night>.<
Was driving back home in the middle of the night and failed to stop at a stop sign. Got pulled over and received a ticket. On the ticket, the officer wrote that i was driving 35mph on a 50mph zone, it is really hard to see the stop sign since there was no street lights, no other cars at that time, all round i see are vacant yards. ( it is at 210 fwy off cherry ave, if anyone knows). so basically it was completely dark, when I saw the stop sign mark on the road, it was kinda too late for me to do a full stop so i just passed...and after that i saw a police car all of a sudden appeared at my back
My question is should I fight the ticket? I have done a little research, most people say I should to the Trail by Declaration (TBD), lets say if I lost, and request Trail De Novo, which means I have to go the court face the police officer who gave me the ticket, what is the chance of winning? Do i still have the option of plea guilty and ask for a reduction of my ticket and go to traffic school?
This would be the first time for me to fight a traffic ticket, any advice would be appreciated!
My question is should I fight the ticket? I have done a little research, most people say I should to the Trail by Declaration (TBD), lets say if I lost, and request Trail De Novo, which means I have to go the court face the police officer who gave me the ticket, what is the chance of winning? Do i still have the option of plea guilty and ask for a reduction of my ticket and go to traffic school?
This would be the first time for me to fight a traffic ticket, any advice would be appreciated!
#2
Super Moderator
iTrader: (6)
Stop signs are also accompanied by a painted indicator on the street like a crosswalk, etc. Judge is going to ask how you failed to spot the sign and the street markings. If you can snap photos showing the sign is obscured from the roadway where you were traveling and the street is not marked, you have something.
Otherwise this is one of those numbers games and in this instance you got caught. Go to driving school and be done with it. Faster, less anxiety of preparing your case and the bottom line is you admitted you missed the sign.
Otherwise this is one of those numbers games and in this instance you got caught. Go to driving school and be done with it. Faster, less anxiety of preparing your case and the bottom line is you admitted you missed the sign.
#4
Pole Position
Join Date: Jun 2013
Location: California
Posts: 219
Likes: 0
Received 0 Likes
on
0 Posts
Soo he gave you a ticket because you were driving too slow? (35 in a 50 zone) And not because you ran a stop sign?
Is that correct? I think you could probably fight it.
**Not the same situation but I had a friend that got pulled over but was going faster than the speed limit. He calmly told the officer about him being the only car out there and "flow of traffic". The officer gave him a warning and to get home safely.
**Not the same situation but I had a friend that got pulled over but was going faster than the speed limit. He calmly told the officer about him being the only car out there and "flow of traffic". The officer gave him a warning and to get home safely.
Last edited by Sh1nra; 12-06-13 at 01:08 AM.
#5
Pole Position
iTrader: (6)
Join Date: Aug 2011
Location: CA
Posts: 266
Likes: 0
Received 0 Likes
on
0 Posts
you can request a extension. After the request you can do a trial by declaration. You waive your right to a speedy trial. You pay the fee and send your trial by declaration in and wait for a response. Hopefully there will be no reply from the cop and you get your ticket refunded. If you're still found guilty you can request a trial by judge for a second chance and hope the cop doesn't shop up and this time provide your picture evidence to the judge.
not a lawyer or a practicing it but that's what I did from experience and i didn't have to go to court and was refunded my bail amount no points on my license. I failed to obey a traffic sign, going straight instead of a right turn only. I was new to the area and didn't see the "right turn only" on the ground (nothing on signs). I sent in my declaration stating "not guilty" and sent that in. 6 months later and after paying about 300 bucks, i got a check in the mail for 300. good luck.
not a lawyer or a practicing it but that's what I did from experience and i didn't have to go to court and was refunded my bail amount no points on my license. I failed to obey a traffic sign, going straight instead of a right turn only. I was new to the area and didn't see the "right turn only" on the ground (nothing on signs). I sent in my declaration stating "not guilty" and sent that in. 6 months later and after paying about 300 bucks, i got a check in the mail for 300. good luck.
Thread
Thread Starter
Forum
Replies
Last Post
LexFather
Car Chat
18
12-07-08 04:57 PM
LMoney4o8
Northern California Lexus Club
43
08-09-07 12:30 AM
LexusFiend
Car Chat
13
12-26-04 12:18 PM