kPaNdA350

iTrader: (9)

I was cruising on the 101 South coming back from the valley and was near the Western exit ramp when a CHP pulls me over for speeding. I was not going in the first or second lane, but the third getting ready to exit, and I dropped my speed as far as I know. He said I was going aproximately 70 when i was no where near 65 mph. There were some cars blocking in front of me as i was in the third lane getting ready to exit, and there is no way i could have been going 70. He cited me for going 70 in 55 mile per zone.

What to do? Can i possibly fight this as I know for sure i was not going 70.

mista350z

iTrader: (1)

sucks man. u have a radar detector?

Mr_Q

iTrader: (1)

For all the info in detail, head here and start reading:

http://www.helpigotaticket.com/

Assuming you are being honest and was not speeding and cutting lanes.

First, file for a 60 day extention. How? After you get your court appearence document in mail, go to http://www.lasuperiorcourt.org/ punch in your ticket number and do the request for the extension. You always get one and it puts off you having to do ANYTHING for a couple months. This also increases the time between you getting the ticket and the officer remembering you and keeping his notes in order.

When that time expires, go back to the site and then request a trial by mail. Then, if you lose, a trial de novo (they usually include this paperwork in the trial documents they mail back to you). This makes the written trial like it never happened. Now get ready for court.

You then go to court. Note, points will show up on your license until you go to court and win. You will also have to pay the fine. Put it on a credit card so you're not tying up your cash.

These are all steps just to see if the officer actually files a written trial and ultimately shows in court. If he knows he didn't really clock you at over 65mph, then he won't show. If he did, then have yer evidence ready.

Print up a chart on your lane location, cars around you, flow of traffic speeds, weather, etc. Be very clear and never admit guilt. Never say, "well I wasn't going 80mph, only 75mph". Always say, "I was traveling with the flow of traffic and at a speed I felt safe considering the conditions. I maintained my lane position and was not in and out of traffic." If he really tries hard to pin you down to an exact speed, never let up. Always fall back on, "I was not aware of my exact speed." "My only guess is the same speed as traffic around me as I was not passing anyone." (these are all the sames things you would have prepped for your written trial by thw way)

If you do go to court only use traffic school as a last resort. Be SURE to ask the judge that before trial BEGINS that you CAN request traffic school. (you do this when they call your name to the front) He will say "yes". Then tell him you have some pre-trial motions. This is when you show him your motion to dismiss (get that from the HELP site above). And show him your evidence supporting the motion. You will most likely be told "motion denied" but at least you gave it a shot. Better than doing nothing and just going for TS right away!

You can then go to trial if you want and hope the judge will still offer you TS afterwards. This is risky and all depends on the show you put on. If your record is clean and you show an honest effort and that you look like you actually care, request it. He may just offer it. I've seen it happen.

Fighting highway tickets is a very hard thing to do. But the more road blocks and delays you put up, the better your chances. Traffic Court judges are rather level headed and fair I find. At least the ones dowtown in LA. You DID remember to ask for "County Seat" yes?

P.S. And whatever you do, just don't show up and plead no contest, it's idiotic.

ANXIOUZ

iTrader: (13)

^^ Damn, that was one fine and useful post.

kPaNdA350

iTrader: (9)

No, but I need to get one soon. I don't think he gunned me... more like pace. He approximated that I was going 70, which I wasn't. BS As i said i was going home, not even 1st or 2nd lane but the 3rd lane getting ready to exit and I downshifted from 6th to 5th becuase i was going under 60 or so. Then i hear sirens...

Does the radar detector detect cops near you? or does it only go off if they fire the speed gun..

kPaNdA350

iTrader: (9)

Oh BTW thanks for the informative post Mr Q.

How would I gather evidence when it already past? I'm sure I was not speeding, and yes i was going with the flow of traffic. Oh and i had a passenger with me.

steven88

I have a valentine 1 for over 1.5yrs....I noticed that driving on the highway...it's a 50/50 chance a cop will have his radar on...I mean, sometimes I see cruisers fly past me with no warnings going off...so I'm sure at times they will try to pace you...and thats when radar detectors become useless...

I haven't had a time where the Valentine 1 actually "saved" me...I usually don't drive "too" fast...and if I do, the V1 never goes off, and I never get caught...but when it does go off, I'm usually driving pretty easy...

Gerxrow

iTrader: (2)

a cop only uses radar or laser when he is stationary, thats the only way it works.

Mr_Q

iTrader: (1)

It's not gathering evidence, it's creating evidence or a convincing case based on the information at the time. You just need to build enough convincing evidence that a judge reading your written trial might go for. And then later in court, it only helps your case in showing he judge you care and have your crap together. All the cop is going to have, if he even shows, are the basic notes from when he pulled you over.

You need to present yourself with 100% confidence and be informed. The better your evidence (presentation) the better your chances.

steven88

for laser, yes, you have to be stationary....and in close range

for radar...you can be stationary...or you can be moving...and it will still work...radar also has a much longer range...

Gerxrow

iTrader: (2)

i was about to call bull**** but then i found this.

http://www.simicon.com/eng/product/gun/index.html

you learn something new everyday. i wonder how new this is.

kPaNdA350

iTrader: (9)

Oh yeah then I pretty much got my evidence down.

Oh and also, I guess radar wouldn't havee been useful at that time as he paced me...

Wendy

iTrader: (26)

I still remember my 1st speeding ticket too. It's going to be hard for you to try to fight that ticket...but i hope you could though.

steven88

well, you guys have to remember...this is all assuming if the cop follows through with his orders...in other words... kpanda350 gets two chances to bail out on this ticket...

1. Written Declaration - if the officer doesn't submit a report, kpanda automatically wins...officer gets paid NOTHING to submit the report...most likely he might get lazy and not do anything...as he has nothing to lose

2. Shows up to trial de novo - I'm not sure if he gets paid for "trial de novo"...but I do know he gets paid for the FIRST trial (if you want to contest the ticket the FIRST time)...he actually gets paid double the salary or something...chances of him showing up in court are alot higher, since the cop gets paid extra...but there is definitely a chance he might not show up...I've heard of many cases where someone contested a ticket...and the cop didn't show up (one of them being me)...as a matter of fact, the day I went to court to contest my ticket, HALF the officers didn't show up...you would think every officer would show up...just to get that extra pay...but in reality, most do get lazy and flake out...so theres also that chance that kpanda's officer might not show up to trial de novo...since the officer has nothing to lose (whether he gets paid or not during de novo)...

I believe kpanda350 has a good chance at winning this ticket...I mean, just call in on the LAST day of the ticket...and ask for extension...just try to push the date as far as you can...then when the extension is over...submit trial by written declaration...that makes it even more tougher for the cop....and if you lose that, you get another court date, which will probably be waaay after the original date of the ticket...officer might forget a few things...even after writing some stuff down...

kPaNdA350

iTrader: (9)

Well, i talked to some friends, and i found out that officers have some quota they have to fill before the end of the day. I was just probably the unlucky one who happend to show up at the wrong place at the wrong time. Maybe he was on his way home and just to fill his quota, he got me and made up some bull**** about me going 70 when i was really going 60 just to fill his report.

steven88

You know, I'm not completely sure on the whole quota thing...cuz I have heard alot of people on the street say "cops have to meet their quotas"...but I spoke to a friend's dad, who is a sherriff for I forgot which county...but he said WE don't have quotas...he said he never heard of other officers talk about a quota either....he did say, there are cases...when a biker cop (suppose to write alot of tickets) doesn't give as many as he usually does...lets say his fellow biker officers are out writing 5 tickets a day...and hes only doing 1 ticket a day...then the boss will get down on him and say to write more...and he'll go out and write some BS ones just to get back into the flow...but its not necessarily a quota...

I'm not sayin this is true...but from what I heard...and I still have room for more research and input from others...so please chime in if you have any information about this

ANXIOUZ

iTrader: (13)

I don't believe there is an actual quota they have to meet each month. I think it's more like their boss noticing that they didn't pull anyone over in a few weeks. They're expected to make a certain # range of stops/citations over a period of time.

In my experience, I honestly notice a higher % of cops on the road towards the end of the month. Lots of motorcycles and radars in known speeding areas. Every end-of-month without fail.

steven88

there we go...another member says the same

ZTheWayILook

Couple things here pal..... for one you can ask and have the "right" to see the radar gun (keep that in mind the next time it happens because it will). Secondly, ask the pig when was the last time he had it calibrated. I'm sorry to anyone who is a spelling wiz and feels the need to spell check me .
Another thing... cops do have quotas these things ----> " " Its not bs it is what they do for different jurisdictions at different times of the month/day/year.

Mr_Q

iTrader: (1)

I advise against doing anything that's make your getting pulled over rememorable. Don't ask to see it, etc. You're already getting burned in to his brain enough as it is by asking for 'County Seat". Don't make it any worse.

Just take the ticket and go on. You want to do everything you can to ensure he does not show.


And know that the cops that due show in court almost always have their radar callibration reports, so don't count on that. Fortunately that's all they ever usually bring!

Remember that you are not arguing how you were caught, but that was your speed unsafe.

The best thing for radar cases is to get the radar excluded as evidence by the speedtrap laws. But as was said before radar was a non-issue in your case. He paced you. And there really are not any speed trap laws that apply to being caught on the highway.

Seeing either of those boxes checked, laser or radar, is a GOOD thing. Allows for much more latitude in fighting the case.