anyone have a clue how much a 90+ mph ticket goes for?
07-19-07, 06:50 PM
#17
Lexus Champion
The judge let off people who were pleading guilty much easier than those that did not.
Get ready to give up your license for 30 days. That is by far the worst part. And the 2 points on your license really don't bode well with insurance.
EDIT: I'm assuming the officer gave you an "Excess of 100MPH" chrage, 22348(b). Is this correct? That has a mandatory court appearance, and a 1month minimum license suspension, as well as a minumum $500 fine.
If you didn't get that charge, and just got the regular speeding charge.. boy you got lucky!
Last edited by Suneet; 07-20-07 at 02:09 AM.
07-19-07, 06:53 PM
#18
Lexus Champion
If you're sure you want to contest the ticket, check to see if you can contest by written declaration. As someone before stated, cops get paid to show up in court and sometimes get paid overtime for it. Contesting a ticket by written declaration means the officer must fill out a bunch of paperwork which he does not get paid any more to do. I've done it before and had a moving violation dismissed.
If you are found guilty through the written declaration process, you still have the ability to appeal by showing up in court. So you essentially get two chances to have the case dismissed by the cop not showing up.
If you are found guilty through the written declaration process, you still have the ability to appeal by showing up in court. So you essentially get two chances to have the case dismissed by the cop not showing up.
I spent so much time fighting my ticket, in the end nothing was worth it. Had I pleaded guilty I probably would have reduced my fine considerably.
The only good thign is.. for some reason, my insurance company has not yet noticed the 2 points on my license. Its only a matter of time though..
07-19-07, 08:26 PM
#19
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Different Counties have different bail amounts. You can usually Google, the countie's Bail Amounts.
80+ Ticket
Alameda County = $145ish
Marin County = $345ish + 30 day Suspension
(cop never showed up) so = $0.00
80+ Ticket
Alameda County = $145ish
Marin County = $345ish + 30 day Suspension
(cop never showed up) so = $0.00
07-19-07, 08:49 PM
#20
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They are making you go all the way over there for court? I got pulled over in KERN county also when I was going to Las Vegas. I just handled it all over the mail. My ticket was about $200-300 for going 10mph over. Good luck.
07-19-07, 10:58 PM
#21
Thank god I have a granny wagon RX. I can barely hit 100 goin downhill
Anyways from 2002-2004 I had gotten 3 speeding tickets. I contested all 3 and won 2. The 1st one I took driver's ed. The second I plead not guilty and the cop didnt show up. The 3rd time I plead not guilty, had a trial by declaration (mail correspondence) and I won because the cop didnt take the time to write his response letter. I also got a ticket for my music earlier this year, fought it and had them lower my fees over 75%. I fight every ticket I get. Suneet, sorry to say but they got you with those fees. That sucks. If you guys were getting beat up for your milk money at school would you keep letting it happen? Thats exactly what traffic court and the cops are doing because nobody fights back. Imagine all the revenue the state or county gets from driving infractions?! Nobody has to listen to what I say but here is my advice:
-Fight the ticket (if you plead not guilty the judge will have to talk to the DA to plea bargain... which you can decide to take if the price is right)
-reschedule your court dates and prolong (I always rescheduled for a friday near the end of the month when they need to be out on the road on duty)
-plead not guilty then ask for a trial by declaration (you get to put your alibi on paper, which probably sounds better than you in front of the judge stuttering) the officer has 30 days to reply back or the case gets dropped.
-please know your laws and what you can use for evidence (they have to be declared before the trial) do some research
This is just on my personal experience and help from a buddy of mine who was a defense attorney who had a lot of traffic cases and knew a lot of officers too.
BTW driving over 90mph is considered a misdemeanor. It's up to the issuing officer if he wants to be an ***hole. CHP is required to show up to court. Police are required depending on the county I believe. I could be wrong. The best way to avoid this is to not drive reckless in the 1st place. We all have nice cars, slow down and let the other traffic see who's behind the wheel
Anyways from 2002-2004 I had gotten 3 speeding tickets. I contested all 3 and won 2. The 1st one I took driver's ed. The second I plead not guilty and the cop didnt show up. The 3rd time I plead not guilty, had a trial by declaration (mail correspondence) and I won because the cop didnt take the time to write his response letter. I also got a ticket for my music earlier this year, fought it and had them lower my fees over 75%. I fight every ticket I get. Suneet, sorry to say but they got you with those fees. That sucks. If you guys were getting beat up for your milk money at school would you keep letting it happen? Thats exactly what traffic court and the cops are doing because nobody fights back. Imagine all the revenue the state or county gets from driving infractions?! Nobody has to listen to what I say but here is my advice:
-Fight the ticket (if you plead not guilty the judge will have to talk to the DA to plea bargain... which you can decide to take if the price is right)
-reschedule your court dates and prolong (I always rescheduled for a friday near the end of the month when they need to be out on the road on duty)
-plead not guilty then ask for a trial by declaration (you get to put your alibi on paper, which probably sounds better than you in front of the judge stuttering) the officer has 30 days to reply back or the case gets dropped.
-please know your laws and what you can use for evidence (they have to be declared before the trial) do some research
This is just on my personal experience and help from a buddy of mine who was a defense attorney who had a lot of traffic cases and knew a lot of officers too.
BTW driving over 90mph is considered a misdemeanor. It's up to the issuing officer if he wants to be an ***hole. CHP is required to show up to court. Police are required depending on the county I believe. I could be wrong. The best way to avoid this is to not drive reckless in the 1st place. We all have nice cars, slow down and let the other traffic see who's behind the wheel
07-19-07, 11:14 PM
#22
Lexus Champion
Thank god I have a granny wagon RX. I can barely hit 100 goin downhill
Anyways from 2002-2004 I had gotten 3 speeding tickets. I contested all 3 and won 2. The 1st one I took driver's ed. The second I plead not guilty and the cop didnt show up. The 3rd time I plead not guilty, had a trial by declaration (mail correspondence) and I won because the cop didnt take the time to write his response letter. I also got a ticket for my music earlier this year, fought it and had them lower my fees over 75%. I fight every ticket I get. Suneet, sorry to say but they got you with those fees. That sucks. If you guys were getting beat up for your milk money at school would you keep letting it happen? Thats exactly what traffic court and the cops are doing because nobody fights back. Imagine all the revenue the state or county gets from driving infractions?! Nobody has to listen to what I say but here is my advice:
-Fight the ticket (if you plead not guilty the judge will have to talk to the DA to plea bargain... which you can decide to take if the price is right)
-reschedule your court dates and prolong (I always rescheduled for a friday near the end of the month when they need to be out on the road on duty)
-plead not guilty then ask for a trial by declaration (you get to put your alibi on paper, which probably sounds better than you in front of the judge stuttering) the officer has 30 days to reply back or the case gets dropped.
-please know your laws and what you can use for evidence (they have to be declared before the trial) do some research
This is just on my personal experience and help from a buddy of mine who was a defense attorney who had a lot of traffic cases and knew a lot of officers too.
BTW driving over 90mph is considered a misdemeanor. It's up to the issuing officer if he wants to be an ***hole. CHP is required to show up to court. Police are required depending on the county I believe. I could be wrong. The best way to avoid this is to not drive reckless in the 1st place. We all have nice cars, slow down and let the other traffic see who's behind the wheel
Anyways from 2002-2004 I had gotten 3 speeding tickets. I contested all 3 and won 2. The 1st one I took driver's ed. The second I plead not guilty and the cop didnt show up. The 3rd time I plead not guilty, had a trial by declaration (mail correspondence) and I won because the cop didnt take the time to write his response letter. I also got a ticket for my music earlier this year, fought it and had them lower my fees over 75%. I fight every ticket I get. Suneet, sorry to say but they got you with those fees. That sucks. If you guys were getting beat up for your milk money at school would you keep letting it happen? Thats exactly what traffic court and the cops are doing because nobody fights back. Imagine all the revenue the state or county gets from driving infractions?! Nobody has to listen to what I say but here is my advice:
-Fight the ticket (if you plead not guilty the judge will have to talk to the DA to plea bargain... which you can decide to take if the price is right)
-reschedule your court dates and prolong (I always rescheduled for a friday near the end of the month when they need to be out on the road on duty)
-plead not guilty then ask for a trial by declaration (you get to put your alibi on paper, which probably sounds better than you in front of the judge stuttering) the officer has 30 days to reply back or the case gets dropped.
-please know your laws and what you can use for evidence (they have to be declared before the trial) do some research
This is just on my personal experience and help from a buddy of mine who was a defense attorney who had a lot of traffic cases and knew a lot of officers too.
BTW driving over 90mph is considered a misdemeanor. It's up to the issuing officer if he wants to be an ***hole. CHP is required to show up to court. Police are required depending on the county I believe. I could be wrong. The best way to avoid this is to not drive reckless in the 1st place. We all have nice cars, slow down and let the other traffic see who's behind the wheel
This is a common misconception. Driving over 90 MPH is not a misdemeanor. Driving in excess of 100mph, which is a DIFFERENT charge than the conventional "speeding" ticket, is still an INFRACTION. Check CVC 22348(b). Also, this infraction carries a mandatory 30-day suspension of your license and is a 2 point offense. You'll also get a nice letter from the DMV telling you that you are a negligent driver and are a danger to yourself and others..
If you're speeding.. don't get caught going over 100! Its not safe anyways. I learned this the hard way.
LiqrSicc: Yeah, I agree with some of the things you said about fighting tickets. You should fight when it makes sense to: if you have the option of traffic school, don't fight the ticket. Pay $180 and be glad that you didn't get a point on your license. IF this isn't an option for you, then yes , you should fight your ticket to the full extent. I fought my ticket, and in the end I ended up getting screwed, but there was a chance that the cop would not have shown up or something, and I could have been saved.
I wish I had prolonged my court date more.
07-20-07, 04:21 AM
#23
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Get ready to give up your license for 30 days. That is by far the worst part. And the 2 points on your license really don't bode well with insurance.
EDIT: I'm assuming the officer gave you an "Excess of 100MPH" chrage, 22348(b). Is this correct? That has a mandatory court appearance, and a 1month minimum license suspension, as well as a minumum $500 fine.
If you didn't get that charge, and just got the regular speeding charge.. boy you got lucky!
EDIT: I'm assuming the officer gave you an "Excess of 100MPH" chrage, 22348(b). Is this correct? That has a mandatory court appearance, and a 1month minimum license suspension, as well as a minumum $500 fine.
If you didn't get that charge, and just got the regular speeding charge.. boy you got lucky!
He asked what the rush was? I said... "Just got back from an oral board interview with **** ****** Police Dept and on my way back home to Sac."
"Oh... OK... License and Regs plz."
come back 3 mins later.
"got you at 100 in a 65. here is the citation. do me a favor? slow it down just a tad the rest they way, ok?"
I bet at 80mph he wouldnt even stopped me.
So I was given 22349(a)
Lucky Dog = Me
07-20-07, 11:36 AM
#24
If you're sure you want to contest the ticket, check to see if you can contest by written declaration. As someone before stated, cops get paid to show up in court and sometimes get paid overtime for it. Contesting a ticket by written declaration means the officer must fill out a bunch of paperwork which he does not get paid any more to do. I've done it before and had a moving violation dismissed.
If you are found guilty through the written declaration process, you still have the ability to appeal by showing up in court. So you essentially get two chances to have the case dismissed by the cop not showing up.
If you are found guilty through the written declaration process, you still have the ability to appeal by showing up in court. So you essentially get two chances to have the case dismissed by the cop not showing up.
07-20-07, 11:52 AM
#25
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Question: What is a Trial by Written Declaration?
A Trial by Written Declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Written Declaration form explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses.
You will be asked to deposit the bail amount in advance at the time you request a Trial by Written Declaration.
If the court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision.
If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail is usually refunded to you by mail within six to eight weeks to the address listed on the case.
https://www.sanmateocourt.org/traffic/FAQs.asp
07-20-07, 11:59 AM
#26
Taken from the San Mateo County Superior Court website:
Question: What is a Trial by Written Declaration?
A Trial by Written Declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Written Declaration form explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses.
You will be asked to deposit the bail amount in advance at the time you request a Trial by Written Declaration.
If the court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision.
If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail is usually refunded to you by mail within six to eight weeks to the address listed on the case.
https://www.sanmateocourt.org/traffic/FAQs.asp
Question: What is a Trial by Written Declaration?
A Trial by Written Declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Written Declaration form explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses.
You will be asked to deposit the bail amount in advance at the time you request a Trial by Written Declaration.
If the court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision.
If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail is usually refunded to you by mail within six to eight weeks to the address listed on the case.
https://www.sanmateocourt.org/traffic/FAQs.asp
but once you found guilty, that means you HAVE to go to court to fight for it....and what are the chances that you will get OFF the ticket if they found you guilty the first place?
The judge is putting that into consideration as well..... the only thing you hope at that point is the cop would not show up.......
07-20-07, 12:28 PM
#27
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thanks for the info....
but once you found guilty, that means you HAVE to go to court to fight for it....and what are the chances that you will get OFF the ticket if they found you guilty the first place?
The judge is putting that into consideration as well..... the only thing you hope at that point is the cop would not show up.......
but once you found guilty, that means you HAVE to go to court to fight for it....and what are the chances that you will get OFF the ticket if they found you guilty the first place?
The judge is putting that into consideration as well..... the only thing you hope at that point is the cop would not show up.......
07-20-07, 04:30 PM
#28
thanks for the info....
but once you found guilty, that means you HAVE to go to court to fight for it....and what are the chances that you will get OFF the ticket if they found you guilty the first place?
The judge is putting that into consideration as well..... the only thing you hope at that point is the cop would not show up.......
but once you found guilty, that means you HAVE to go to court to fight for it....and what are the chances that you will get OFF the ticket if they found you guilty the first place?
The judge is putting that into consideration as well..... the only thing you hope at that point is the cop would not show up.......
It's a trial de novo (new trial), not simply an appeal. Since you are granted a new trial, you can argue new evidence, not just points of law. Sure, I guess if you just make the same argument with the same evidence, you'll likely get the same outcome as the previous proceedings. Don't forget that this new trial also allows you to have legal representation.
07-20-07, 11:38 PM
#29
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Get this book
I highly recommend this book:
Fight Your Ticket and Win in California 11th Edition (Paperback)
By David Brown
http://www.amazon.com/Fight-Your-Tic...4999749&sr=8-1
Fight Your Ticket and Win in California 11th Edition (Paperback)
By David Brown
http://www.amazon.com/Fight-Your-Tic...4999749&sr=8-1
