Bay area guys, help me fight a traffic ticket!

[whatisreal7]

Guys,
I was cited on 10/16 for a moving violation going down 880 near Santa Clara. I was driving w/ my newly-minted wife to Monterey for our "mini-moon", no less. Anyways, I was going the speed that went with the flow of traffic, and this cop pulls me over. He tells me he did not radar me but he paced me and paced me at 80 mph. I told him I was going with the flow of traffic, and am pretty good about not exceeding the speed limit above 75. Regardless, 3weeks later, I get a notice in the mail that says the officer FORGOT to write 80mph on the original citization, and has issued a "notice of correction and proof of service" that i was going "approxiamtely 80mph". He forgot to write on the original ticket and now he's back-tracking and saying I was going 80mph!!!!

Anybody else have a similar experience, and how do the courts work in the south bay, and can I get out of this one? Had I been going 80 i would admit my fault and pay the ticket, but I don't want to be penalized for something I didn't do.

thanks!

 

[BATMANs]

I'm going to speak from experience where I have received 10 tickets in my life and managed to keep the insurance companies from knowing about all of them (I pay $45/month for full coll/comp with a ZERO deduct).

First off; Never ever argue with the cop or even a slight hint of disagreement.

2. Never admit to anything. They will size you up in a second. Many ESL folks fall for the power of the english language. If they said that u did something, I play dumb (but not too dumb for them to get pissed off - it's an artform).

Just acknowledge what they are pulling u over for and sign the darn ticket. If u give them any reason that u might fight them in court they will write down alot of notes on the back of their citation.

The key is to be polite (not ass kissing) and curtious. If they ask if u have ever been to traffic school just say something to the effect of NEVER or it's been a VERY long time. This way they will assume that u won't fight the ticket and just take traffic school. I've fool cops into believing this, they don't take notes and just drive off right after I leave. (It's the ones that stay parked for a while that I worry about).

OK, with that being said let's review ur situation.

The officer messed up.

I had a case where they said that I was going southbound while we were both traveling northbound and had it dismissed.

Another case where the officer stated that my age was 10 years younger than what I am. I fought it in court and won.

In both cases I pointed out that the officer's power of observation and/or attention to detail was lacking. I proved beyond a reasonable doubt that the officer wasn't paying attention and didn't do a good job in observing what I did so therefore I motioned for a dismissal on those grounds without using my other tools.

Other tools u can use in ur case is for the officer to provide proof that his speedometer has been recently certified for accuracy.

I can go on and on, but u have to take me out and introduce me to some hot disease and drug-free gal....

 

[NSFRBLX]

Sorry to hear your having to deal with this.

You mean to say...the box on the citation where the estimated speed is written was blank after you signed the citation????

Was it a younger officer? What agency cited you? Was it the CHP or local PD?? CHP are highly trained in traffic and carry clout in the courtroom.

The correction is usually a courtesy that the court extends to the enforcement agency. So the citation can't easily be dismissed and in turn waste the courts time. This action itself doesn't affect the charge.

The omission can imply the officer wasn't paying careful attention or was being distracted from his duties. This now leads to question the reliability of the officer and his notes. His recollection will be supported by these notes. If he couldn't fill out the citation correctly then could he could have also omitted facts when writing down his notes. In other words it opens a door to his credibility regarding this incident.

I concur with Batman on his suggestions.

It's also tough to find a good lawyer that will fight these types of charges. But if you can find one with experience in the Traffic division it may pay for you to at least have a consultation and help develop a good strategy.

Remember though 75 is still exceeding the speed limit..! So be careful not to incriminate yourself.

Don't forget it's easy to get cotton mouth once it's your turn to step up and argue your case in front of the judge and all other eyes in the courtroom. Have your


Good luck

 

[BATMANs]

I've used www.ticketassasin.com on 3 tickets.

 

[whatisreal7]

That's some good stuff. I called the court, and apparently the ticket is not even in the system. She says it will get registered in about 3 weeks, so to call back then, and even then I just moved and I'll have to change my mailing address, which can further delay things. I'll definitely ask to speak in court, and worst case, ask for traffic school to get the point taken off.

thanks guys! I love this forum.

 

[BATMANs]

also, have the very latest court appt.

the idea is that if u can draw out the process and postpone the court appt. there is a greater possibility that the cop will have foggy memory of what has happened.

 

[NSFRBLX]

That's some good stuff. I called the court, and apparently the ticket is not even in the system. She says it will get registered in about 3 weeks, so to call back then, and even then I just moved and I'll have to change my mailing address, which can further delay things. I'll definitely ask to speak in court, and worst case, ask for traffic school to get the point taken off.

thanks guys! I love this forum.

Don't rely on receiving a courtesy notice to deal with this incident. The signed citation is your Promise To Appear.
Don't let this lapse or you will have an additional charge of failing to appear added.

Also, in Santa Clara County if you choose to fight this citation you forfeit the choice to attend traffic school. You will still need to pay the fine plus the cost of the school. If you haven't attended school in the last 2 years the incident won't show up on your driving record.

More answers here: http://www.scselfservice.org/traffic/oview/schooltxt.htm

 

[whatisreal7]

I lived in texas for 3 years, so I hope that means this wont' appear on my traffic record. does this mean I'll need to take traffic school again?

 

[NSFRBLX]

I lived in texas for 3 years, so I hope that means this wont' appear on my traffic record. does this mean I'll need to take traffic school again?

Who Is not eligible:
You cannot go to school for any:

• Misdemeanor
• Violation that has a mandatory Court appearance
• Alcohol related violation

Also, the California Vehicle Code (see section VC40005 on this state code page) states that certain drivers with a commercial drivers license cannot attend traffic school. Note: This applies to any holder of a commercial drivers license regardless of the type of vehicle being driven at the time of the violation.


Also, if you have gone to Traffic School for a ticket that you got within the last 18 months, you cannot go to the standard 8-hour Traffic School for this citation.

(this means you need to attend a longer traffic school if allowed by the court)

The violation will still show on your DMV printout - however, a point will not be added to your driving record.

See the section below on sending proof of completing the class to the Court. If you don't send proof to the Court that you finished traffic school, the dismissal will not appear on your record. This may affect your car insurance.

 

[DDankew]

Ticket Assassin is your best bet. I was caught 98 mph on 280 a few months back (33 over max speed limit), so I wasn't eligible for traffic school and had mandatory court appearance.

But by using Ticket Assasin, I did not have to appear in court and did everything by mail and I was able to go to traffic school and pay a $ 300 fine.

Completed school , record still clean....wheeeew !!

 

[KooLaid]

I lived in texas for 3 years, so I hope that means this wont' appear on my traffic record. does this mean I'll need to take traffic school again?

Texas tickets DO show up on california driving records.... if that was a question....

 

[NSFRBLX]

Texas tickets DO show up on california driving records.... if that was a question....

These describes the agreement between states:

http://www.dmv.ca.gov/pubs/vctop/vc/tocd6c6a1.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc15000.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc15001.htm


these describe what the agreement is about and what is allowed:

http://www.dmv.ca.gov/pubs/vctop/vc/tocd6c6a2.htm

specifically these below:
They address how and why other states convictions are counted against you here in Cal.

http://www.dmv.ca.gov/pubs/vctop/d06/vc15020.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc15021.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc15022.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc15023.htm