just got a ticket going 70 in a 40 anybody know the points and fines this is in california first ticket.

 

I had a 70 in a 45 the cop said it was only 1 point butyours is over 25mph so it may be 2?

and that ticket I got was about $360 but went to court pled guilty and judge knocked it down to $250, this was also my second ticket in less than a year so that may be why it was so much

 

im an traffic expert what vehicle code is it??

 

22350

 

thats an easy one to get out of "basic speed law"

no person shall drive upon a highway faster than the condtions allow, ie road conditions, visibilty, traffic, time of day, possible propery damage that could have occured.

so ill need some information from you and i can set up your defense

time,
visibilty
traffic how many cars, infront/behind next to you
any pedesterians
road wide lanes, narrow, new pavement potholes

also the story of where the cop was, radar or pace, and stuff

 

1;30 pm me and the other guy my friend in a ratty s10 3 lanes that merge into 2 lanes each way so 6to a 4 lane road houses on one side freeway the other. no pedestrians light traffic he was pacing me visibilty good no new pot holes said he was behind me for about a mile or so said he had to do 100+ to catch up to me said i was going 70-80 but wrote me up for 70.

 

I'd plead not guilty, but then I always fight my tickets.

Perhaps that's why I have a clean driving record (knock on wood)

When pacing comes into affect you can under the act of discovery request the speedometer calibration of the police car, the officer's ticket writing history etc. etc. If the officer admitted he did some 100+ to catch up I would make note of that to the judge in court.

Who knows, he might not even show, then boo-ya, pay your $10 and leave the courthouse slideways.

 

why would i tell the judge that he admitted to going 100+ to catch me wouldnt that tell the judge i was going pretty fast.

 

I would think it would tell the judge that he was using an unsafe speed to catch you if he only said you were going 70 mph.

 

no no no thats all wrong

you can use that he had to go 100+ to catch upto you
using math youll have to calculate the distance he had to accellerate, vs the distance he acttually paced you doing 70.

also your going to have to point out that if there is a cop behind you you obviously felt the speed you were going is safe basically your gonna play your defense like this
since i was not there your going to have to answer these questions for your self weather your speed was actually safe or not

and you will want to do a discovery pm me and i will email it to you, fill it out and mail it to the da office

well heres your cross examination and defense

How far ahead of me was the closest car in front of me?
Was I in danger of hitting the closest car in front of me?
Was I in danger of hitting any other car?
As I recall, there were no pedestrians; is that correct?
(Alternatively: As I recall, there were no pedestrians in the roadway; is that correct?)
Did it look at any time like my car was out of control and about to leave the road?
What was the weather?
Was there anything inherently unsafe about the weather at the speed I was going?
What was the visibility?
Was there anything inherently unsafe about the visibility at the speed I was going?
What was the surface of the road?
Was there anything inherently unsafe about the surface of the road at the speed I was going?
What was the width of the road?
Was there anything inherently unsafe about the width of the road at the speed I was going?
You cited me with violation of Vehicle Code Section 22350, correct?
Could you please read 22350 for the court?
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
That section says nothing about a posted limit does it, Officer?
Could you please read this part of Section 22351(b) for the court?
22351.(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful...
That sounds like I am guilty, but could you please read the rest of it -- the underlined part?
22351.(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.
Does your testimony qualify as competent evidence?
Did you not testify that that there was nothing inherently unsafe about the weather at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the visibility at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the surface of the road at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the width of the road at the speed I was going?
Did you not testify that I was not in danger of hitting another car?
(I guess that takes care of the traffic condition.)
Did you not testify that I was not in danger of hitting a pedestrian?
Did you not testify that was in control of my vehicle and not in danger of leaving the road?
So what property could I possibly have endangered?
I ask you once again, does your testimony qualify as competent evidence?
Given your competent testimony as evidence of my speed as it relates to the conditions at the time and place of this alleged violation (not the average conditions covered in the survey, but the exact conditions you testified to – i.e., the conditions specified in 22351(b)), where is your case, Officer?

 

ummm english please there was light traffic closest car in any direction 5 car lengths 85 degrees out posted limit 40 speed he said i was going 70 and no pedestrians and yes i will pm you.
thanks eric
jon

 

what was the elevation and humidity. on a scale of 1-10 how hungry were you?

 

 

i dont get it

 

haha just kidding smart ***

 

More like a scale of 1-10 DONUTS!!!

Bad Cop, No Donut

 

---

 

Listen to porky, he's got it down. I worked for the Concord PD for a few years, if you need any more help feel free to PM me.

I'm going to set up that dyno appt. soon too.

 

yeah man hurry up with the appointment cuz its racing season were gonna be hard pressed to find u time on the dyno.

 

i got the courtesy notice today and i got badd news. it says im not eligible for traffic school because they cannot verify my driver history to determine elibigbility. why is this. how can they not verify my driving history? o and the fine is 361.00. please help me.
thanks
jon

 

got back from court 305 total cost out the door for court cost, reduced fine to 281. now i gotta go to traffic school so thats another 40.00. soooo happy and it took only 15-20 seconds

 

Traffic court usually isn't too bad.I have been in and out really quick.The longest part is waiting for your name to be called.

 

I wouldn't know, I've never gotten a moving violation.

All the tickets I had were parking (car broke down in a different city, was almost a week before I could get back with the part to fix it) or fix it tickets.

One unlicensed driving ticket when I was 14... If you ever steal your uncles car, make sure it has current tags...

I've never paid a single ticket in my life though. My last one was about 3 and a half years ago, and I recently (Feburary) got a warrant notice in the mail for a weak *** little 170 dollar fine or something.

How much you think I have to worry about that? Will it blow over fairly quickly?

 

no it wont blow over, it was in the news a lil while back that they were cracking down, id just pay it and be over with it.

 

you gave in how shamefull

you know you could have still gotten traffic school if you had faught and lost

 

but i would have had to take 2 days off of school so i figure **** it even with the traffic school im still gonna pay less than what the ticket was for originally.