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-   -   Speeding ticket (https://www.askmehelpdesk.com/showthread.php?t=704922)

  • Sep 25, 2012, 07:14 PM
    lionsden123456
    Speeding ticket
    I got a ticket doing 94 in a 65 on the freeway. What fines/ penalities am I looking at? I have not had a ticket in several years so I know I will be elgible for traffic school.

    Will I get multiple point on my record? What is the best way to fight the ticket in court. Any suggestions.
  • Sep 25, 2012, 08:35 PM
    Fr_Chuck
    You did not even say where this is, Normally you call the phone number on ticket and it say how much.

    If you are going over certain speeds, sometimes they reqire you appear in court, the police officer should have told you that. In my area over 90 is considered dangerous and will get you from 500 to 1000 dolllar. Plus the points on license and often a serious jump in car insurance.

    Only your court clerk will know if traffic school is possible.

    Fight it ? How were you timed, radar? Laser? Pacing?
    Is the officer certified to use it ? Is his certification up to date? Was equipment properly tested ? Is officers POST up to date? List goes on
  • Sep 25, 2012, 08:46 PM
    lionsden123456
    Quote:

    Originally Posted by Fr_Chuck View Post
    You did not even say where this is, Normally you call the phone number on ticket and it say how much.

    If you are going over certain speeds, sometimes they reqire you appear in court, the police officer should have told you that. In my area over 90 is considered dangerous and will get you from 500 to 1000 dolllar. Plus the points on license and often a serious jump in car insurance.

    Only your court clerk will know if traffic school is possible.

    Fight it ? how were you timed, radar? laser? pacing?
    Is the officer certified to use it ? is his certification up to date? Was equipment properly tested ? Is officers POST up to date? List goes on


    The ticket was in California. Good tips. I will check in with the number on the ticket. Rader was used. Will have to check on the equipment and officer testing.
  • Sep 26, 2012, 06:10 AM
    Fr_Chuck
    Radar is suppose to be calibrated every shift ( or every day) ** can't remember which any more. It is done with a tuning fork.

    Also the Radar equipment itself has to be certified. The Department has to have a permit to radar and may be restriected to certain areas.
    The police officer has to be POST certified in use of Radar and that certification has to be up to date.

    The biggest catch is that you ask for all of that info in discovery of evidence. Many times the department will not take the time to provide it. If they don't, you get case thrown out.
    Also many officers don't want their post records public, so they will object to dept and let ticket go.
  • Sep 26, 2012, 06:41 AM
    ScottGem
    Generally, if you appear to fight the ticket, they will plead it down so you don't get points against your record. They may reduce the fine but they might increase it.
  • Sep 26, 2012, 07:00 AM
    lionsden123456
    Great tips. I was planning to fight it. I hear postponing court a few times can be a good strategy. I like the idea of checking to see if the radar has been calibrated and officer certified. Would I be able to get this from calling the court and the number on the traffic ticket?
  • Sep 26, 2012, 08:26 AM
    ScottGem
    Quote:

    Originally Posted by lionsden123456 View Post
    I hear postponing court a few times can be a good strategy.

    Where did you hear that? I can pretty much guarantee that won't work. Granted, I'm not familiar with CA traffic court, but my experience with traffic court is you show up at the assigned time, the clerk reviews the citation and offers you a plea to a non moving violation (no points) and a fine. If you agree you go before a judge who accepts the plea. If you don't a court date is assigned where the officer will be present. You can, at that time, request that calibration records for the gun be produced at the scheduled hearing.

    Then what happens at that hearing is the judge asks the officer what he observed, and to produce the records. He does and you are found guilty and pay the full fine with points.

    Take the plea!
  • Sep 26, 2012, 08:54 AM
    JudyKayTee
    Quote:

    Originally Posted by lionsden123456 View Post
    Great tips. I was planning to fight it. I hear postponing court a few times can be a good strategy. I like the idea of of checking to see if the radar has been calibrated and officer certified. Would I be able to get this from calling the court and the number on the traffic ticket?


    I'll join in where you heard postponing Court would be a good strategy. I don't even understand this "strategy" unless the thought is that the Court will forget about the case - and that's not going to happen.

    No, you can't call and see when the radar equipment was last calibrated. That's what you ask in Court. This is a common defense and I very much doubt it's a winning argument - but, again, you never know.

    You are apparently very unfamiliar with the legal system. You probably should consider retaining an Attorney.

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