Question on fighting a ticket
#1
Blending Sand
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Question on fighting a ticket
Hey guys,
So I got my first speeding ticket in my 8 a couple of weeks ago. I'm going to try to fight it (especially since I can't take traffic school anyway), I was wondering what people had to say on the best way to go about things. I got it on the 405, near Compton. 79 in a 65. Ticketed for 83. Oh, and it was like 7 in the morning on a Saturday. Worst luck ever.. Yeah, I guess I should be more specific of what I'm looking for. Has anyone here fought tickets in the LA area? Should I get a deposition/officer's notes? Represent myself or anyone know a cheap ticket lawyer? Any and all advice will be appreciated, I want to be prepared!
So I got my first speeding ticket in my 8 a couple of weeks ago. I'm going to try to fight it (especially since I can't take traffic school anyway), I was wondering what people had to say on the best way to go about things. I got it on the 405, near Compton. 79 in a 65. Ticketed for 83. Oh, and it was like 7 in the morning on a Saturday. Worst luck ever.. Yeah, I guess I should be more specific of what I'm looking for. Has anyone here fought tickets in the LA area? Should I get a deposition/officer's notes? Represent myself or anyone know a cheap ticket lawyer? Any and all advice will be appreciated, I want to be prepared!
#2
Nope
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I haven't fought tickets in LA area but in PHX it's a bitch. The legal system is rigged here. And I work in the legal system!
Was there any traffic when you got pulled over? As long as you keeping up with traffic you can fight it legit. Or near the section on the complaint where he listed the speed you were going there is a section that has the speed recording device the officer used (radar, VASCAR, or other) and if none is marked then you can question what device he used to record your speed. Or you can hope he just doesn't show up to your court date and it's dismissed. The easiest way to do that is to call the court 2 weeks before you date and ask for a contuination of a week or so, so then the officer has to rearrange to make it.
Was there any traffic when you got pulled over? As long as you keeping up with traffic you can fight it legit. Or near the section on the complaint where he listed the speed you were going there is a section that has the speed recording device the officer used (radar, VASCAR, or other) and if none is marked then you can question what device he used to record your speed. Or you can hope he just doesn't show up to your court date and it's dismissed. The easiest way to do that is to call the court 2 weeks before you date and ask for a contuination of a week or so, so then the officer has to rearrange to make it.
#3
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$1500, lawyer, plea "speed greater then reasonable", no points, $200 court fine, no increase in insurance if u dont switch in two years. Here in phx. dont ask how i know that. yes court system rigged, helps to have lawyer who used to work in the court you have to go to.
Last edited by pret; 02-22-2007 at 11:37 PM.
#4
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Originally Posted by pret
$1500, lawyer, plea "speed greater then reasonable", no points, $200 court fine, no increase in insurance if u dont switch in two years. Here in phx. dont ask how i know that. yes court system rigged, helps to have lawyer who used to work in the court you have to go to.
#6
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i heard u can also fight by mail. this forces the officer to write one as well. If you lose your still entitled to another trial in front of a judge. just gives you another chance of the cop not performing
not sure about the second trial though may be an old law?
not sure about the second trial though may be an old law?
#7
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Originally Posted by Phayen
How would I go about "making a deal"?
#10
Blending Sand
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It was more than that, I was literally the slowest car (still mid 70's w/ cruise control on) on the road, in the carpool lane. I was changing lanes to the right to let people pass me. And I got a ticket... for going slower than traffic and by helping the flow of traffic. And I don't mind paying the ticket, 250 bucks is a price I willingly pay to go 75 instead of 65. Its the insurance that hurts. Being 21, single, and an rx-8 hurts bad enough on insurance, let alone with a point.
#12
Back in the day...
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Just hope you don't get a jerk of a Judge and he'll ask you, "How fast were you going?", you, "75mph"
Judge, "what's the posted speed limit?"
you, "65mph"
Judge, "You were speeding, NEXT!!!"
True story.......
Judge, "what's the posted speed limit?"
you, "65mph"
Judge, "You were speeding, NEXT!!!"
True story.......
#13
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What I really think happened was my g/f was sleeping in the passenger seat. (Not like laid back, just sitting and sleeping) But maybe the cop ... I don't know didn't see her or something and turned the lights on and then when the cop came over and saw my g/f had to come up with something else? And has anyone paid for that trafficassassin.com business before?
#14
Back in the day...
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Just pay it and take traffic school if you can. You're wasting a lot of time and energy to fight this. You can come up with as many excuses as you can, but it's his words against yours.
Go to the court, they'll reduce bail at the window. Talk to the Judge if you'd like, if you were going 72-73 then he might let you off if it's your first ticket, 75+ forget it. Bite the bullet and move on....
Go to the court, they'll reduce bail at the window. Talk to the Judge if you'd like, if you were going 72-73 then he might let you off if it's your first ticket, 75+ forget it. Bite the bullet and move on....
#15
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Originally Posted by lone_wolf025
Typically when you show up the prosecutor will eventually make his way to you and present you with a slightly better deal than if you just plead guilty.
My lawyer said to plead guilty, since they could change it at trial to a DUI, if they wanted to. I went to court, the judge was retiring the next day, so "pled" me down to a speeding ticket. Of course, these were the days of traffic school to get rid of 1 point tickets, so I went and ended up not paying a fine, and not getting a point on my license.
The other interesting thing here, is that the prosecutor who agreed to the Judge's proposal is now the Alameda County DA, and has a rep as a hardass. Go figure. I considered the whole thing a gift from God that it went the way it did.
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Originally Posted by guy321
^^ In that case it sucks, most cops will let you go with the flow of traffic.. guess he didn't like your car!
By the way, traffic (what little of it there was) was doing about 75, I was doing about 80. Speed limit at the time was 55.
#17
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Just thought I'd post an update. I ended up fighting it via an extension and a written declaration and found out that I won! Keep your hopes up if you get tickets unjustly!
#20
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As for elaboration on those things. I did everything via the internet on the superior court of la website. (I got the ticket on the 405 through compton). You have two basic ways to fight a ticket. You can go to court and do it in person or you can apply to do it via "written declaration". You can select either option online, but either way you still need to pay your bail. I picked the written declaration, cause I'm lazy and it gave me more time. (I also decided to go for the extension to provide more time in between ticket and time to fight it to further fog the cop's memory) .With written declaration they give you a bunch of time to write something up. I put that I wasn't guilty and why. I said it couldn't have been me the cop was targeting due to the large discrepancy in the speed they clocked me and the speed I was going. You send it in, then the cop does his. If the cop doesn't submit one in enough time though, you win by default. like the cop not showing up in court. If the cop does send one in, you either win or lose depending on the judge's decision. In case you lose, you can still file for a "trial de novo" which is a new trial. This one has to be in person, but everything is new. You get a new judge and go to court against the cop. This gives you another chance for the cop not to show up, and another chance to pit your argument against him in front of a new judge. If you guys have any questions I can get more details on specific forms/strategys people use. (I've done my research Good luck to everybody out there!
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