Speeding Ticket -- what to do?
 

Okay, so I got a speeding ticket for going 72 in a 50 mph zone.

First, I didn't know the limit was 50mph (I figured an expressway had a higher limit than 50, I honestly thought it was 55) and the second thing is, he was hiding on the bottom of an overpass where he pointed his gun at the apex of the overpass. So, I figure I was accelerating near the apex before I cost and let off the gas and coast. I could've sworn my speedometer said 64 but the cop said 72?!

Is there anything I can do here? And what am I looking at in terms of points and fines?

Also, he wrote down the wrong model of my car, he wrote its an RX6 ..

alex

Er. You're screwed. Unless you are merging onto the freeway, at which point you match the speed of traffic, you should never break the speed limit (according to the drivers handbook that I am reading so I can take the test to transfer my license).

As far as points, the handbook provides somewhat of a scale:

http://www.dmv.ca.gov/pubs/hdbk/pgs71thru76.htm#points

Thanks ... I figured the facts alone are pretty much incriminating. Its just I'm 99% sure my TAC never went even close to 70mph, I was in 4th gear, and I was probably around 4k too. I just don't think I was going as fast as his radar detected or my tac is off then. Either way, I'm screwed :(

Online traffic school here I come.

alex

well you have aftermarket rims too bro, so that does effects your speedometer readings. Doesn't hurt having a red car tho ;). Plead not guilty and appear at court, 85% of the time if this is a sjpd they won't show up and the charges would be dismissed, that is unless you got someone that is really serious about there job or a chippy then you're screwed.

I think I'm screwed, it was Santa Clara PD ... and it seemed like he was new because he kept on walking back and forth 1/2 way between my car as if he forgot to do something; this happened three times.

Either way, my car isn't a freakin' RX6 dammit!! :D

Well, I'll see what happens, I will plea not guilty because I don't think I was going that fast but I will admit of going 12 miles over NOT 22, which I feel is a big discrepency.

alex

Alex

Here in Australia if the infrigment notice has been filled out incorrectly , you have a way out of the speeding fine the fact that he called your car a RX6 COULD BE ENOUGH FOR YOU TO GET OUT OF THE FINE CHECK THE NOTICE FOR ANY OTHER MISTAKES .

CHEERS
MICHAEL

Go pay one of the ticket defense places. You dont even have to go to court and especially if there is something wrong on the ticket they should get you off easily. Cost is about the same or a little less but no record or points.

Also, go to a lawyer specializing in traffic tickets. They submit a LOT of cases at once, demanding a jury trial, and the courts are so overburdened they just dismiss them all!

Works here in Texas. I know "someone" who has gotten this treatment on his last 5 tickets. Fee was $100 to the attorney - no points, no insurance hike, nothing. Seems pretty cheap to me.

SLOW DOWN!

Here is some help. I found it useful

http://ticketassassin.com/fight.html

BTW - You cannot get a ticket dismissed for the "rx6" mistake.

Just do that. It's painless.

Traffic Attorneys are awesome, but you should probably follow ticketassassin's guide first and request a written trial. You can come up with some great info about why the ticket was wrong, if the officer fills out his reply, and you lose, you can simply appeal the decision and have an attorney rep you or do online traffic school. I would go for the attorney though, as they will request so much freaking info out of the cop, that he will probably miss a piece, or they will be missing a record and you will get off. Even if they return all the information and the cop shows up, if your attorney is slick, he wont even fight at that point and just ask to get your traffic school and bargain your ticket to a lower fine.

Slavearm

Don't contest the ticket if you are hoping that the cop won't show up in court in Santa Clara...they pay the cops to show up~

Ohh geez ...

Speed Traps
 

How is speed traps defined in CA? I was told they're illegal and I feel like I was in a speed trap due to the nature of "how" he got my speed and given my scenario.
[Overview]

(lane1) [light] ----> ((overpass)) ------------->
(mycar) [light] ----> ((overpass)) ------------->
(lane3) [light] ----> ((overpass)) -------------->
(lane4) [light] ----> ((overpass)) -------------->
___________________ | _______________ (cop) [He's on the biker lane]
_________________ Apex ___________________ [Flat ground]

If you understand this scenario, its a 4-lane road, I was the lead car at a light leading into a large overpass you cannot see over. As lead car, I accelerated more due to a tailgater and need sufficient speed for the uphill. I figure this was okay but the cop used this scenario against the lead cars at that light to pin "speeders".

Does that seem like a trap to you?

alex

that really sucks...im always cautious to brake a lil right after an over pass because i always think theyres gonna be a cop waiting after the over pass. Ive seen someone pulled over before so im always just on the look out. Sorry bout that ticket man

just pay it. you were speeding you got caught. if you dont want to pay speeding tickets then dont speed. just like people complaining about fixit tickets if yoiu dont want the ticket then dont do it. if your going to play the game and you loose you have to pay the price. if you cant afford to play the game then dont play!

I'll probably argue the ticket only because this circumstance was different, I'm sure everyone says this but I honestly was trying to get going as the lead car at the light. What I mean is, tailgaiter that was behind me and the uphill I need to accelerate into before gravity slows me down ..

I just think I didn't do anything outside the driver would do .. I just need to state this w/ the paper trial and see what happens. He ticketed me for being unsafe, I don't even think I was driving unsafe considering people behind me were traveling or accelerating up that same hill, the only difference is, I didn't have ppl next to me whereas, they did.

I am an honest person, I admit to guilt and if I was honestly speeding, meaning by myself or had in my mind the intent to see my car go "zoom zoom", as I said before, I would be so vocal about this ticket.

I am going to pay for the FACT that I was technically speeding what I need to argue is the points. I will admit to speed but I will not admit to unsafe driving.

alex

well nobody said you were driving unsafely, just driving faster then you should. unsafe driving tickets are alot more money. I just hate people (not you, some of my friends and coworkers and other people I know) who get tickets for speeding then bad mouth the cop (when the cop is doing his job)(and no it was not a speed trap if it was considered a speed trap he would have been stopped by someone else, cops always hang out at the same spot so chances are somebody else alrerady tried to fight saying it was a speed trap, and failed) or try to get out of it when they actually did it! U dont see why people complain and say cops should be doing something better, that is what they are supposed to do, that is what we pay them for. No I am not a cop, this is just my personal opinion, Im not trying to start a flame war either, just saying my opinion.

Funny how majority of the people that I ticket (speeding or not speeding) thinks that everything is some type of entrapment. Just because someone was following you close doesn't mean that you "have to" speed up...just change lanes.

Anyway, I would personally show up for court. You don't have anything to lose, if anything, you have a lot to gain. Most people think that once the officer shows up, it's an automatic LOSE for them. Believe it or not, the judges can side with you and agree with what you say. I know cause I've lost a few myself...there's no pride involved with me. If I win, I win....lose, I lose. No biggie...either way, I still get paid my 4 hours of overtime :D

I support the CHP. I am a member of the 11-99 foundation (and no, I do not have the plate frame on my cars). If you got a ticket you deserved it. You last name, I assume is not Simpson or Peterson, so there is no greater force at work against you. Pay the fine, go to traffic school and slow down. The traffic laws are there for our safety.

Really, everyone deserves it huh, just like when I go pay my tickets 90% of the people paying tickets are lets see, Black, Asian, and Hispanic, with the other being white. Seems a little wrong to assume anyone who gets a ticket deserves it, most often cops profile. Now don't get me wrong I support law enforcement also but it is the methodologies that they employ that I don't support.



Oh by the way Alex that is why it is called a speed trap exactlly, they figure out places where motorists tend to speed up. I know it seems totally unfair but sometimes those spots are high traffic spots for accidents. Think about it if you were coming up on a slope/apex and there was a car stalled you would of had a major accident and had no time to avoid the accident.

CALIFORNIA CODES
VEHICLE CODE
SECTION 40800-40808


40801. No peace officer or other person shall use a speed trap in
arresting, or participating or assisting in the arrest of, any person
for any alleged violation of this code nor shall any speed trap be
used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.

40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
(c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.

(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or
school zone.

There ya go, now you know two things from reading the above.

1) Traffic attorneys are expensive because they can read the above, understand it completely, and can argue the points....can you?

2) Buy a radar/laser detector and breathe easier

By the way, for the rest of the gang in California. This is a great site if you need to look up any California law, not just vehiclular.

http://www.leginfo.ca.gov/calaw.html