Speeding ticket - suggestions on how to handle it?

[kmouze]

Made a dumb move last night on an empty highway and the end result was CHP pulling me over with a 100mph+ speed citation. Yes, bad move on my part but I'm looking to resolve the situation quickly. I'm actively looking for a lawyer right now to handle the case, but was wondering if anyone here on the forums have suggestions/tips on how to handle this? As this is a serious violation in California. Thanks!

NOTE: This is my first speeding/moving violation.

[icegrill]

Sounds like your doing everything you can for the situation. Nothing but bad luck!

[TractionControlDelete]

I always just show up for the date provided. When you go they will give you the option to pay the ticket OR to contest it. Honestly, I always just contest it. Then its a matter of seeing if the officer shows up on the date set to prove up the case. If they don't show then you're good - No Face = No Case. On the other hand, if they do show up you'll have the same opportunity to pay the fine or actually contest the ticket. If you contest it then they will have to prove up the speed and prove that the device used was properly calibrated which isn't always a slam dunk for them FYI. For example, when/if you get caught on a redlight camera it may seem like it's game over but if you contest the violation 9/10 they don't even have the right witnesses to authenticate the video for it's admission... if not admitted then the commissioner cannot consider the evidence (this happens because a lot of the companies that run the stop light systems incorporate out of state and the police department rarely gets the appropriate affidavit to prove up the machines authenticity which is required for evidenciary foundation). Hope this helps ;-)

[XnogarD]

What did the officer put on the ticket? I assume he gave you a break and put over 65mph with the written speed of over 100mph. Since youre not arrested and car is not impounded for reckless driving of over 100mph.

If you get a lawyer, they can best dismiss it entirely with traffic school or work it down to a lower speed moving violation. (1pt). If you go without a lawyer, and it doesn't go your way, it can be a (2pt) moving violation.


src: from experience. My lawyer got it down to a 15mph over speed limit violation. Ticket was $470 + lawyer cost $500.

[kmouze]

Originally Posted by F82KPowers

I always just show up for the date provided. When you go they will give you the option to pay the ticket OR to contest it. Honestly, I always just contest it. Then its a matter of seeing if the officer shows up on the date set to prove up the case. If they don't show then you're good - No Face = No Case. On the other hand, if they do show up you'll have the same opportunity to pay the fine or actually contest the ticket. If you contest it then they will have to prove up the speed and prove that the device used was properly calibrated which isn't always a slam dunk for them FYI. For example, when/if you get caught on a redlight camera it may seem like it's game over but if you contest the violation 9/10 they don't even have the right witnesses to authenticate the video for it's admission... if not admitted then the commissioner cannot consider the evidence (this happens because a lot of the companies that run the stop light systems incorporate out of state and the police department rarely gets the appropriate affidavit to prove up the machines authenticity which is required for evidenciary foundation). Hope this helps ;-)

My only concern with showing up to court is the judge possibly handing me a misdemeanor for the action. Possibly, the device they used to measure my speed, liedar/radar(as indicated on ticket) might not be calibrated and might hold up in court. Being I'm not well versed in court proceedings is why I'm leaning towards a lawyer that can go to bat for me at the moment. But thanks for your insight!

Originally Posted by XnogarD

What did the officer put on the ticket? I assume he gave you a break and put over 65mph with the written speed of over 100mph. Since youre not arrested and car is not impounded for reckless driving of over 100mph.

If you get a lawyer, they can best dismiss it entirely with traffic school or work it down to a lower speed moving violation. (1pt). If you go without a lawyer, and it doesn't go your way, it can be a (2pt) moving violation.


src: from experience. My lawyer got it down to a 15mph over speed limit violation. Ticket was $470 + lawyer cost $500.

The officer put down the speed limit is 65mph and then wrote my speed as 101+mph, No arrest or impound thankfully. Sounds like from your experience, hiring a lawyer is the way to go as they might have more tricks up their sleeves than a normal civilian. Thanks for your input!

[therealkenc]

Sorry to hear this, brother. I found myself in a somewhat similar situation earlier this year. Firstly, it's important to not be too upset with yourself - accept it as a lesson, and move on. Next, it doesn't feel great but I've come to appreciate that most problems that can be solved with money likely aren't the biggest problems. Money can be earned back.

In this situation, the best outcome is likely to have the point(s) stay off your driving record so that you don't incur 3 years worth of increased insurance premiums. My insurance guy tells me the increase is about 30% of your annual premium for 1 point (not sure about 2). Depending on your premium, this can add up quickly and should provide an estimate of the opportunity cost of any decision eg not hiring a lawyer to fight your case and thus how much you might be willing to pay someone to get to a certain outcome.

I'd find a good lawyer who is familiar with speeding tickets in the area that you got ticketed, and discuss the details of the ticket with him/her. This could include the type of device used to capture your speed, how the officer tracked/caught you, and even who the officer is (it can matter, some are infamous and the lawyer can tell you that it'll be almost impossible to win against him/her in court).

In my research, I found many recommendations for requesting a trial by written declaration. TBWD doesn't cost you anything besides writing up a defense, but what people don't really talk about is that if you lose (and statistically speaking, you are very likely to lose), the sentence is immediately applied ie the point goes on your record. You can appeal thereafter, but until you get it overturned the point stays on your record and the premium increase kicks in at your next renewal. I personally wouldn't do a TBWD, even though it's worked for some people. And stay away from Ticket Assassin unless you're really desperate to go the TBWD route - even then, you may not get the help you expect.

[XnogarD]

Originally Posted by therealkenc

In my research, I found many recommendations for requesting a trial by written declaration. TBWD doesn't cost you anything besides writing up a defense, but what people don't really talk about is that if you lose (and statistically speaking, you are very likely to lose), the sentence is immediately applied ie the point goes on your record. You can appeal thereafter, but until you get it overturned the point stays on your record and the premium increase kicks in at your next renewal. I personally wouldn't do a TBWD, even though it's worked for some people. And stay away from Ticket Assassin unless you're really desperate to go the TBWD route - even then, you may not get the help you expect.

TBWD doesn't apply in this situation as over 100mph is a mandatory court appearance. But in 90% of other speeding situation, it is ideal.

[therealkenc]

Originally Posted by XnogarD

TBWD doesn't apply in this situation as over 100mph is a mandatory court appearance. But in 90% of other speeding situation, it is ideal.

How is TBWD ideal?

[kmouze]

Originally Posted by therealkenc

Sorry to hear this, brother. I found myself in a somewhat similar situation earlier this year. Firstly, it's important to not be too upset with yourself - accept it as a lesson, and move on. Next, it doesn't feel great but I've come to appreciate that most problems that can be solved with money likely aren't the biggest problems. Money can be earned back.

In this situation, the best outcome is likely to have the point(s) stay off your driving record so that you don't incur 3 years worth of increased insurance premiums. My insurance guy tells me the increase is about 30% of your annual premium for 1 point (not sure about 2). Depending on your premium, this can add up quickly and should provide an estimate of the opportunity cost of any decision eg not hiring a lawyer to fight your case and thus how much you might be willing to pay someone to get to a certain outcome.

I'd find a good lawyer who is familiar with speeding tickets in the area that you got ticketed, and discuss the details of the ticket with him/her. This could include the type of device used to capture your speed, how the officer tracked/caught you, and even who the officer is (it can matter, some are infamous and the lawyer can tell you that it'll be almost impossible to win against him/her in court).

In my research, I found many recommendations for requesting a trial by written declaration. TBWD doesn't cost you anything besides writing up a defense, but what people don't really talk about is that if you lose (and statistically speaking, you are very likely to lose), the sentence is immediately applied ie the point goes on your record. You can appeal thereafter, but until you get it overturned the point stays on your record and the premium increase kicks in at your next renewal. I personally wouldn't do a TBWD, even though it's worked for some people. And stay away from Ticket Assassin unless you're really desperate to go the TBWD route - even then, you may not get the help you expect.

Hey Ken! Hope things are good with you.

I'm trying real hard to not beat myself up for this! But you're right, Money can be replaced but not time/points! It's a Sunday, so hard to get ahold of attorneys until tomorrow. Court is mandatory for a violation of this caliber, hence why I want an attorney with me. But from what I've researched so far, 1st timers should be able to get a dismissal in certain areas or reduced with a proper representative. Seems like some of the top law firms are right next to the court house (go figure), so that's my first stop in seeing if they have more insight to the prosecutors.

I've heard and seen recs to go with TBWD but haven't heard about the cons of which you told me, might need to dig a little deeper.

Keeping the points off my record is the goal right now as it has a snowball effect on insurance premiums and a play in my company policies regarding traffic violations.

Thanks for your insight!!!


EDIT: Looking deeper into my ticket (its a faded copy sheet) Looks to me the officer wrote that his method of my speed was pacing. It was dark and only saw the vehicle after he started riding my rear. Something to maybe discuss.

[XnogarD]

Originally Posted by therealkenc

How is TBWD ideal?

In some cases, but not in this case, since it's a mandatory court appearance. I used TBWD twice for lower speeding violations, both times I won. Cause the officer didn't submit a reply or judge rule in my favor. Other options is show up to court hoping the cop doesn't show up or pay the bail and do traffic school.

[XnogarD]

Originally Posted by kmouze

I've heard and seen recs to go with TBWD but haven't heard about the cons of which you told me, might need to dig a little deeper.

You can't TBWD with over 100mph, since you have to show up to court. TBWD you have to submit the paperwork to the courthouse and pay the bail upfront. If you win the case, they will mail you a check for the full amount of bail. (this can take months, upto 6 months in some cases)

Con of TBWD is if you lose, you forfeit the chance of traffic school. You can do a retrial (trial de novo), but I personally don't know how that goes or the process, since I've never had to go that route.


** not giving any legal advice, as that's up to you in the end. But this is from my past experience. lol i did a lot of live and learn scenarios.

[hellokitty]

Good luck!! CHP is really cracking down hard these days. I saw 5 different cars get pulled over within 30 mins of driving.

Seems to always happen between 8pm and 10pm.

[therealkenc]

Originally Posted by XnogarD

In some cases, but not in this case, since it's a mandatory court appearance. I used TBWD twice for lower speeding violations, both times I won. Cause the officer didn't submit a reply or judge rule in my favor. Other options is show up to court hoping the cop doesn't show up or pay the bail and do traffic school.

A TBWD can potentially be effective assuming you have a strong argument in your favor. I think there might be some confirmation bias in your perspective - just because it worked 2/2 for you doesn't mean it'll work for the majority of cases. But I'm glad it worked for you both times, congrats.

Also, like you mentioned, you lose the chance to do traffic school if you are deemed to be guilty via TBWD, and your point goes on your record immediately. You can apply for a trial de novo afterwards, but until you get to the trial and win it the point stays on your record. I think these cons outweigh the pros of trying to win via TBWD.

[therealkenc]

Originally Posted by kmouze

Hey Ken! Hope things are good with you.

I'm trying real hard to not beat myself up for this! But you're right, Money can be replaced but not time/points! It's a Sunday, so hard to get ahold of attorneys until tomorrow. Court is mandatory for a violation of this caliber, hence why I want an attorney with me. But from what I've researched so far, 1st timers should be able to get a dismissal in certain areas or reduced with a proper representative. Seems like some of the top law firms are right next to the court house (go figure), so that's my first stop in seeing if they have more insight to the prosecutors.

I've heard and seen recs to go with TBWD but haven't heard about the cons of which you told me, might need to dig a little deeper.

Keeping the points off my record is the goal right now as it has a snowball effect on insurance premiums and a play in my company policies regarding traffic violations.

Thanks for your insight!!!


EDIT: Looking deeper into my ticket (its a faded copy sheet) Looks to me the officer wrote that his method of my speed was pacing. It was dark and only saw the vehicle after he started riding my rear. Something to maybe discuss.

Pacing does seem like a grey area that can serve as an argument point, however it would've been better if it weren't an empty highway i.e. you could argue that he paced/stopped the wrong car. Anyhow, a good lawyer should be able to work through all of this with you. Good luck! We all need an autobahn here. Maybe the express lane should become an autobahn lane after midnight or something. 😎

[Jeff Knock]

A BUDDY OF MINES USED THEM AND WON ALL 3 TIXXS, AND I AM FIGHTING TWO WITH THEM NOW. IF YOU LOSE YOU DONT PAY, WORTH THE SHOT

https://offtherecord.com/help/kb/art...ight-my-ticket

[MisterF80M3]

Originally Posted by kmouze

My only concern with showing up to court is the judge possibly handing me a misdemeanor for the action. Possibly, the device they used to measure my speed, liedar/radar(as indicated on ticket) might not be calibrated and might hold up in court. Being I'm not well versed in court proceedings is why I'm leaning towards a lawyer that can go to bat for me at the moment. But thanks for your insight!



The officer put down the speed limit is 65mph and then wrote my speed as 101+mph, No arrest or impound thankfully. Sounds like from your experience, hiring a lawyer is the way to go as they might have more tricks up their sleeves than a normal civilian. Thanks for your input!

Man that sucks. I know a few people who got a speeding ticket of over 100MPH but CHP usually mark it down to 80MPH on the ticket so it is not a reckless driving charge and just a regular speeding ticket.

[AYYY F80]

Originally Posted by kmouze

Made a dumb move last night on an empty highway and the end result was CHP pulling me over with a 100mph+ speed citation. Yes, bad move on my part but I'm looking to resolve the situation quickly. I'm actively looking for a lawyer right now to handle the case, but was wondering if anyone here on the forums have suggestions/tips on how to handle this? As this is a serious violation in California. Thanks!

NOTE: This is my first speeding/moving violation.

Sorry to hear, bro. Too much fun from auto x? j/k
I think getting a lawyer is your best chance to fight this. Around 10 years ago, my brother got popped doing 100+ in a 55 (empty and open 4 lane road at night out in the boonies) by a motorcycle cop. He didn't have a lawyer and judge handed him a misdemeanor and license suspension for 6 months. Good luck!

[D_SheerDrivingPleasure]

I'd be worried about the points. Here in NY (and many other states) the strategy is to contest/appeal and then postpone the traffic hearing as long as possible because points are removed 18 months from the Violation Date (not the date you plead guilty or are found guilty by the traffic court).

after 18 months you would either plead guilty and pay the ticket or appear in court. If the traffic court finds you guilty then you simply need to pay the ticket plus an additional administrative penalty.

[Kevin Mark]

Hey everyone,

So I got pulled over and ticketed for going 10 over, but I swear I had my cruise control set at 60. The officer mentioned he wouldn't have stopped me if I'd slowed down when we crossed paths, but since my cruise was on, I didn't adjust my speed. Despite a clean record and providing all my docs, he still ticketed me.

I’ve read that for first-timers like me, there might be options like a diversion program or traffic school to dodge the points on my license. I’m in Iowa but kinda clueless on how to proceed with these options or even what exactly the diversion program involves.

Maybe this isn’t the right place to ask, but any advice on what to do next would be appreciated.
Thank you.

https://njmcdirect.support/

[hellokitty]

[QUOTE=Kevin Mark;31135361]Hey everyone,

So I got pulled over and ticketed for going 10 over, but I swear I had my cruise control set at 60. The officer mentioned he wouldn't have stopped me if I'd slowed down when we crossed paths, but since my cruise was on, I didn't adjust my speed. Despite a clean record and providing all my docs, he still ticketed me.

I’ve read that for first-timers like me, there might be options like a diversion program or traffic school to dodge the points on my license. I’m in Iowa but kinda clueless on how to proceed with these options or even what exactly the diversion program involves.

Maybe this isn’t the right place to ask, but any advice on what to do next would be appreciated.

Just hire a local traffic attorney. Usually their fee is the cost of the would be ticket, so it’s kind of a no brainer. They also usually don’t charge you unless they win.

It sucks to pay the amount regardless, but I’d rather keep the money out of the highway bandits’ budgets lol

[FatHulk]

Originally Posted by Kevin Mark

Hey everyone,

So I got pulled over and ticketed for going 10 over, but I swear I had my cruise control set at 60. The officer mentioned he wouldn't have stopped me if I'd slowed down when we crossed paths, but since my cruise was on, I didn't adjust my speed. Despite a clean record and providing all my docs, he still ticketed me.

I’ve read that for first-timers like me, there might be options like a diversion program or traffic school to dodge the points on my license. I’m in Iowa but kinda clueless on how to proceed with these options or even what exactly the diversion program involves.

Maybe this isn’t the right place to ask, but any advice on what to do next would be appreciated.
Thank you.

https://njmcdirect.support/

That's some bs, on a power trip because you didn't press the brake when you saw them. Fight and win this!