First speeding ticket, clean record so far

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elementis0

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Hello people of thelaw.com! I am in desperate need of advice.
My name is Joshua, I am a 19 year old college student and have encountered my first speeding ticket today. I apologize for this long post, but I deem it necessary to cover every detail I can recall to give an accurate depiction of my situation.

I was driving in along the fast lane of a highway in Santa Barbara, CA at around 80mph and saw an officer with a radar gun. At this sight, I immediately slowed down to somewhere between 60-65mph and drove approx 0.5mi before I saw his car behind me with lights on to pull me over, he got me hook line and sinker.

I promptly pulled over to the side of the road and watched him walk toward me, I manually rolled down the window of my 1994 Plymouth Acclaim and the officer peered in and asked the classic question "Were you aware of how fast you were going?" to where I replied "I think I was going about the flow of traffic", though knew this was an outright lie in my head. He of course knew too and replied, "You were actually setting the flow". This was true as I was in the front of a line of cars.

I said something along the lines of me not being aware of that, and asked if there was anything I could do to not have to be issued this ticket. Dumb question, but it happens when you're nervous. He then asked for my information which I had already pulled out before he got there. I handed him my drivers license, but then in my nervousness accidentally handed him my insurance instead of the registration. He gave it back and I gave him another paper, which was also the wrong one. I fumbled with a few papers on my passenger seat before giving him the right registration paper. Probably the most poorly executed part of this scenario.

Unaware of the way the judicial system works, I asked how much my ticket would be and he told me that he did not know, since it is to be decided in court. I acknowledged this and asked if I could possibly do community service or something along those lines to get out of having to pay this since it would be a big financial burden to me. He also told me that he did not know.

I jokingly asked if the radar was broken, another stupid action as cops have to be serious on their job, and are not really in the position to humor at such things. A few other things were said that I cannot recall, but because I was nice he offered to only write me up for going 75+. This is great because the speed I was REALLY going (82 mph) would have doubled the traffic fine. He went to his car to write up his ticket, and I calmly watched him in my rear view mirror.

He came back and gave me my citation and told me to sign the ticket. I did just that, and while signing mentioned that this ticket was the last thing I needed and told him this was my first one, while also mentioning all the things going on in my life which made this ticket so inconvenient. Though I did so in an accepting well-thats-the-way-life-goes tone of voice and also mentioned that I was in a rush.
I was not in a rush and should not have said that at all but one does dumb shit when they are nervous, and I bet he probably took note of what I said....
anyways, I handed him back the signed ticket and he ripped me off my goldenrod copy.
Then, I was instructed to turn my blinker on and safely merge back into traffic. He walked back to his car and waited, though I did not leave right away as I had a ton of things racing in my mind and had a question.
I stuck my hand out of the window and waved the cop back to my car. He came to my window and I asked him if I needed to mail anybody anything or do any paperwork in preparation for the court date, he told me I didn't and just need to wait for a letter in the mail. I said "Alright, thank you officer." he then told me to safely merge into traffic and went back into his car. I did just that and drove away.
For the rest of the trip I definitely drove 65mph the whole way after that! And was a little peeved as I saw a sheriff later pass me going at least 75, probably checking up on me or something.

And that's how it went, overall I was friendly, and liked that he only wrote me up for 75+.
Though there may be an issue with that verbal agreement as I am looking at my citation right now and although it says my approx speed is 75+ mph
there is a note that I cannot entirely make out.
It reads "ADUSED 82 MPH" And am not sure what the first word is, that's what it looks like to me, but I'm sure that the first word in that note is really something different and that I'm reading it wrong. Could he have possibly written this because his radar read 82mph? Or did he lie to me when he said I would only write me up for 75?
Either way it worries me.

I have read up online about what I should do to get out of this, some sources say I should keep postponing the court date and hope he doesn't show.
All of them say to plead not guilty and contest, which I plan on doing.
I am just not sure how I should contest this.
I was brainstorming excuses and I did think of one.

I was thinking about saying that there was a car in-front of me that was not driving straight, which I thought was a drunk driver. My reaction to this was to pass up this driver to stay out of his way so I moved into the fast lane to pass up a few cars to get back into the slow lane. While I was passing up the other cars, I had the horrible luck of getting caught on the radar at this point in time.
The argument would be that I am a generally safe and competent driver and that I've decided to plead not guilty based upon not seeing it just to have to deal with a speeding ticket for a minute instance in time to where I may have been exceeding the speed limit. I was not endangering anybody else, and was in fact getting myself out of possible danger.

But there are holes in this fabricated excuse of mine. First, I did tell the officer during his talk with me that I was in a rush. He could possibly use that against me to catch me in a lie. Second, given that fact that I was in the front of a line of three or four cars going my speed of 80mph, it seems unlikely that I would have just moved into the fast lane just to pass up a few cars.
These are small holes in my excuse, but they are holes which could get me nonetheless.

Though, what do you guys recommend I do to minimize the effects of this ticket?
I have a clean driving record, and this is my first ticket.
I am okay with incurring a little punishment, as I accept that I was going over. What I am NOT OKAY WITH is the INSURANCE PENALTIES.
What can I do to make sure that I don't get any points on my driving record?
What do you guys recommend I do to get myself out of this sticky situation.
If it is also possible for me to get out of the fine as well I'd really like that. I plan on suggestion community service (I prolly woulda ended up volunteering for something on my own time anyways)

My infraction code was
22349191VC or something like that, my copy is not that legible.

I would really appreciate your professional advice,
Thank you!

(Once again I apologize for the extremely lengthy post)
 
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My God man, you aren't an axe murderer or serial rapist.
This isn't the end of the universe.
It is a lousy traffic citation for speeding.
Dude, just take an online or an in person traffic school class.
It'll cost you around $25 plus court costs and fees.
You complete the easy course, the ticket and the problem go away!
Best of all, no points on your license, no insurance rate increases.
Get this, dude, you can even use the fact that you took the defensive driving class and get a three year discount on your auto insurance rates.
WOW, this is a win-win.
Take it, dude, just take an online defensive driving course.
It take only takes few hours and you can do it at home at your local coffee shop!
No drama, no mess, no fuss!
 
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Haha I know I'm not an axe murderer. I just have a tendency to always be very detailed when I write about stories.

Im not sure if my area has an online traffic school course, I'll check it out. I just really don't wanna pay anything.

I'll also look into my policy about the discount. I probably sound really stressed and paranoid in my writing, but actually I've taken this pretty calmly.

Any suggestions for making it a win-win-win to get me out of court costs and fee's which may add up to a few hundred? A few hundred I really can't afford right now.... >.<
I appreciate the reply.
 
Okay I am thinking of doing this and am wondering if this would be a good strategy to try to get out of the ticket:

1st - Try a trial by declaration, if that fails I would
2nd - go to court and plead not guilty, and hope the officer doesn't show (I would postpone the court date first) and then if found guilty,
3rd - request traffic school

my only question is that if I am found guilty, could I still do traffic school and get away with no penalty? If that's true. I'd like to do that... That way I can try two things that can totally get me out of the ticket before having to resort to traffic school, court fee's etc...

This a good plan? Either way my insurance doesn't get affected right?
 
Haha I know I'm not an axe murderer. I just have a tendency to always be very detailed when I write about stories.

Im not sure if my area has an online traffic school course, I'll check it out. I just really don't wanna pay anything.

I'll also look into my policy about the discount. I probably sound really stressed and paranoid in my writing, but actually I've taken this pretty calmly.

Any suggestions for making it a win-win-win to get me out of court costs and fee's which may add up to a few hundred? A few hundred I really can't afford right now.... >.<
I appreciate the reply.

All you'd ever want to know about traffic school.



1. You are eligible to attend traffic school only once every eighteen months if you do not have a commercial driver's license. California Vehicle Code Section 42005 prohibits drivers with a Class A, Class B, or Commercial Class C driver license from attending traffic violator school for the purposes of dismissing and suppressing traffic violations from a driving record.

2. You may attend traffic school if you are charged with an infraction violation that carries a DMV point count. The time for eligibility is calculated from violation date to violation date.

3. If the citation contains any additional charges that require proof of correction, you must have those signed off prior to requesting traffic school.

4. You must pay the full amount of the bail, plus an additional $49 administrative fee, prior to attending traffic school. This can be done in person or by mail.

5. You are responsible for contacting and attending the traffic school of your choice. You will be required to pay a separate fee to the traffic school you choose. You may obtain a list of DMV approved traffic schools and/or a flyer for the home study/on-line program approved for use in Sutter County at the Traffic Division office. You may also consult the DMV online form 745 or you may refer to the traffic school section of your local yellow pages to find a classroom in your area. We will mail you completion information when you submit the bail.

6. You will be given ninety days to complete traffic school and submit your certificate of completion to the court. NO EXTENSIONS WILL BE GRANTED BEYOND THE INITIAL 90 DAYS

7. If you do not submit your proof of completion by the due date, your case will be closed and a conviction will be reported to DMV. The $49 administrative fee will not be refunded.

8. If you are eligible for traffic school, and decide not to attend, you may be subject to an increase in your automobile insurance premiums.

9. Cases in which a failure to appear charge has been added are not eligible for traffic school.


Some California approved online schools!
Check with YOUR court to make sure the one you select is eligible.
You can also check at the online site.


http://www.idrivesafely.com/California/

http://www.onlinetraffic.com/

http://www.gototrafficschool.com/

www.anytimetrafficschool.com

www.fun4ufast2.com

www.InstantTrafficSchool.com

www.opentrafficschool.com
 
The fine and assessment for the offense really depends on the speed limit.

If 22349(a) with a 65 MPH limit, the fine and fees should total about $211 (not including traffic school costs if you go that route).

If 22349(b) with a 55 MPH limit, the fine and fees should be about $331 (also not including traffic school costs).

Delaying the court date won't do all that much good, but for some reason people seem to think it does. The officer will get a subpoena each time, it really won't matter. And if they count on a bad memory, he will always have his notes to refresh his recollection.

Prior to court you can seek discovery and obtain calibration of the radar device and the certification of the officer to use the device, and probably would want to do a trial by declaration. If you lose the TBD, then you can request a trial de novo and also ask for the submitted declaration of the officer so you will know what he had to say.

Understand that if you take the stand at trial you will likely lose the opportunity for traffic school. Most courts will allow you to take traffic school (if you are eligible) before trial, but it is rarely an option if you go to trial and lose. Yes, the court might still offer it, but it is much less likely after a court trial than before.
 
elementis0 said:
Okay I am thinking of doing this and am wondering if this would be a good strategy to try to get out of the ticket:

1st - Try a trial by declaration, if that fails I would
2nd - go to court and plead not guilty, and hope the officer doesn't show (I would postpone the court date first) and then if found guilty,
3rd - request traffic school

my only question is that if I am found guilty, could I still do traffic school and get away with no penalty? If that's true. I'd like to do that... That way I can try two things that can totally get me out of the ticket before having to resort to traffic school, court fee's etc...

This a good plan? Either way my insurance doesn't get affected right?

You think too much!!!

Your thoughts only serve to delude you.

You'll never beat this ticket by going to trial.

This is about revenue stream for government.

They'll get your money if you go to trial.

You'll get points and your insurance rates will rise.

Give them their damn money, make the ticket disappear, take traffic school.

If you do it any other way, bend over and let The Guvernator carnally know you!!!
 
One school of thought is that if you have to pay either way (guilty plea, or a guilty verdict), why not take the shot in the dark and contest it if you can? The only risk that is run is the possibility that traffic school will not be available after trial.

But, if you really were speeding, and you have no realistic defense, you might save some time and consternation by just pleading guilty, paying the fines, and attending traffic school to save the possible insurance hit.
 
Thanks cdwJava,
So going off of your advice
I think I will do a discovery as it may only help and not hurt me.
Now I am a little confused by one statement you made.
You said contesting it by trial may take away my right to traffic school,
does this only mean trial in court, or does a TBD also possibly take away my right?

Is there a way of finding out if traffic school is still possible after a not guilty plea?
Or do you think I could just ask the judge if traffic school would still be an option if I were to plea not guilty? In order for a plea bargain I have to plead not guilty right?
Also, how common is community service to work of court and other fee's?

Is it also GURANTEED that traffic school would take away the point from my record?

and Army Judge, I know I am thinking a lot and my thoughts are deluding me.
This is why I am asking questions. To get my thoughts on the right track, I am aware of my delusions as I am generally ignorant to the judicial system. Unrepressingly showing my ignorance to others is what helps get this knowledge on a more realistic track. In fact, you have already helped push them on the right track by basically saying "dood, they don't give a shit about what you say".
 
If this kid ever does anything serious we will have to set aside a server for the explanation post.
 
You said contesting it by trial may take away my right to traffic school, does this only mean trial in court, or does a TBD also possibly take away my right?
A TBD may result in traffic school being denied, but I cannot speak to the frequency of that. I DO know that it is common practice in most traffic courts not to offer traffic school after a COURT trial. Can they? Sure. They just choose not to in many instances.

Is there a way of finding out if traffic school is still possible after a not guilty plea?
You can attend a few sessions of the local traffic court where you will have to go for trial and see what the common practice might be.

Or do you think I could just ask the judge if traffic school would still be an option if I were to plea not guilty? In order for a plea bargain I have to plead not guilty right?
In every jurisdiction I have worked the clerk or bailiff has announced in the courtroom before testimony has begun that those wishing to plead guilty would be considered for traffic school if eligible. Your court may or may not do that.

Also, how common is community service to work of court and other fee's?
I don't know that it is even possible. It might be, but I'd have to look all of that up. Let's just say that I have not heard of community service being offered in lieu of payments, but I suppose some of it might be able to be worked off. Without doing some research, I cannot say for sure.

Is it also GURANTEED that traffic school would take away the point from my record?
It should. I cannot account for sloppy record keeping by DMV or court personnel.

Also keep in mind that while the point will be removed, the record of the conviction remains, so your insurance company might hit you up anyway.
 
Alright then. Well, now I feel im pretty aware in knowing what my options are.
I do not have any more questions, looks like I won't be needing my own server afterall!
 
I recall the one time I contested a traffic ticket and the Judge prior to hearing the cases had warned everyone, "If you plan to plead not guilty and are found guilty your fine WILL be more than if you had just plead guilty." A few did change their plea.
 
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