Speeding ticket in Calif
Posted by Just-sayin-37@reddit | driving | View on Reddit | 34 comments
I got my first speeding ticket in many years. I was on the fast track and got notification on my phone that there was a speed check. I saw the cop ahead of me quite a distance away. When I got closer I noticed he was pulled over and outside his car with his back to me once I got close. He put his arm up and did some up-and-down motion with it. He jumped in his car and waited till the fast track ended and pulled me over. I asked him why, and he said I was speeding. I said can I see your gun report and he said I don’t need one. I can tell how fast you were going. I couldn’t read the speed he put on the ticket and he wouldn’t tell me what it was. When I got it in the mail, it also didn’t say the speed. I was online trying to set up an appt to fight it and it still didn’t have the speed, just the code and that I wasn’t eligible for traffic school. I called to ask and she said he clocked me at 94!!! I’ve NEVER driven that fast in my life. Now I have a zoom appt tomorrow (required) and then I have to show up in court. Why am I having to do two appearances? How do I say this cop was lying. I know it’s my word against his but I will not let this man ruin my driving record and my insurance will go up. I literally haven’t had a ticket since probably 2017. Never had any type of criminal offense for anything. I hardly drive because I don’t go anywhere. Any tips? TYIA
Frankyp42@reddit
Typically a speeding ticket has a court date. At the first court date they’ll ask you how you plea. If you plea not guilty there’s a new court date assigned and the cop is required to show up and prove you did what they said. If the cop is a no show or can’t prove with video and radar what you did that you should be let go without charges or cost. If the cop can prove you broke the law you’ll get a fine based on the speed and 2 points on your record. There are lawyers that can help you but they cost.
Just-sayin-37@reddit (OP)
Okay, got it. Thank you. As far as I know he has zero proof. Unless fast track has videos which I hope they do. He wasn’t even in his car. Thank you for letting me know the process
Frankyp42@reddit
In my experience the less you talk in court the better off you are. If the cop doesn’t present proof, just say “prove it” when he claims he saw you going fast, but do wait to be addressed. Only answer questions asked of you and be concise. Don’t volunteer new information.
That’s my actual advice, anecdotal story: I was cruising in 55 zone when I saw a cop on the shoulder, he popped off and pulled me over asking why I was going so fast. I told him I slowed down for you. He wrote me up for 89 in 55. I was worried about it becoming a federal offense or something silly like that. It turns out speeding itself isn’t considered reckless just by how fast you’re are ticketed. I knew I wasn’t doing 89 I had cruise control on and my foot was off the gas. After two court dates it’s over, no fine, no points. I hope the something similar happens for you.
Comfortable_Trick137@reddit
Never had that luxury all 3 speeding tickets I’ve been lasered
enjolbear@reddit
Maybe, and this is just a suggestion, you should slow down?
Comfortable_Trick137@reddit
Not a speeder at all, two of the were speed traps where folks are guaranteed to accidentally speed
One was in a rural area where it’ll constantly go from 75 to 35 and back to 75 as there are multiple small towns along the way. Was coasting from 75 down to the 35 but passed the speed limit sign going about 42 mph. Cop was hidden behind the overpass that’s right past the speed limit sign, couldn’t see him until i checked my mirror and saw his lights on.
Another was a flyover ramp on the highway going from 75mph down to 45, cop was on the highway by maintenance access where there is a blind curve on the part going upward. Same thing was going about 55mph
Just-sayin-37@reddit (OP)
Thank you!! I wondered if it was considered reckless because I’m not eligible for traffic school because of the speed he said I was going. (I think) he’s not about to ruin my driving record, that’s for sure.
harley97797997@reddit
That was him telling you to slow down.
Radar or lidar are not required for a speeding citation. Pacing and visual estimation are legal methods. Even if he did have one, they are under no obligation to show you anything on the side of the road. That's what Court is for.
What vehicle code section did he write? The actual speed may not matter.
CVC 22350 is the basic speed law. Under that section, you just have to be too fast for conditions.
CVC 22349 is exceeding 65 mph on a highway. If he can visually see you moving faster than the rest of the cars, you have likely violated this law.
CVC 21809 is the move over law. When passing an emergency vehicle on the side of the road, you either need to change lanes, or slow down.
You aren't eligible for traffic school because you were 20+mph over the speed limit.
The first court date is an arraignment. You can plead guilty or not guilty. If you plead not guilty the 2nd court date is when the officer will show up.
As for a defense, saying the officer is lying isnt going to fly. Everyone says that. The officer has to prove you were driving in violation of the section he wrote you for. If you don't know what that section says, you will fail at defending against it.
Just-sayin-37@reddit (OP)
Lady I wasn’t going 94. I will take 70 bc that’s what I saw when I looked down when I got the speed check notification. I’m not trying to get out of anything. But what I won’t tolerate is a cop lying. I know why I wasn’t eligible for traffic school and wrote that in my post. Maybe actually read the post before responding like a shit head
BYNX0@reddit
Yeah I see the problem now. You acted like a total asshole to the cop, and he decided to fuck with you for it. I wasn’t there and of course no one here has any idea if you actually were speeding or not, but just let this be a lesson to you to be nice… whether you agree or not.
Adventurous-Tough553@reddit
Or, maybe the cop was just an asshole. You can't assume in these situations.
BYNX0@reddit
From the wording of the post and the wording of the replies, I can tell that OP was indeed the asshole
Necro_the_Pyro@reddit
You sound like one of those bootlickers who think that cops are out there to protect you.
BYNX0@reddit
You sound like a bigot that puts all cops into one category
Necro_the_Pyro@reddit
If the shoe fits...
keroshe@reddit
Any chance there was a second cop further up the road that actually measured your speed before you got to the one you saw? Some places the cop with the speed gun could be on an overpass or something similar.
Reference_Freak@reddit
This is how CHP typically handles monitoring the highways.
Usually there’s at least 2 units working in tandem: a spotter and a chaser who will pull people over based on info from the spotter. If they’re targeting a certain stretch, there’s probably more than two units in the area.
keroshe@reddit
I saw 8 chasers one time in Florida. That was nuts.
bigcee42@reddit
Plead not guilty.
I'd hire a traffic lawyer myself because I consider wasting my time to go to court unproductive.
If what you said is true this should get thrown out.
Adventurous-Tough553@reddit
I doubt it would get thrown out, but if the officer shows up and a lawyer is there, it will probably be reduced in severity.
Adventurous-Tough553@reddit
Wow, harsh. Speed does matter for severity of penalty and if OP was driving much slower than that, then the police officer was lying or incompetent if he is jacking up his tickets over 20mph. As far as violating the law, everyone violates the law all the time, look around, it's all about degree and reasonable enforcement.
harley97797997@reddit
All true. The speed matters for the severity of penalty, but not for guilt.
Yes, many violate the law, and that doesn't make it right. Don't be a lemming.
SomethingClever42068@reddit
Doesn't matter what actually happened.
Just matters what the cop can prove.
In my state there are different fines for different amounts of mph over the limit.
If he can't prove i was going 94 then he can't disprove that I was going 66 in a 65.
Also, shut up nerd.
harley97797997@reddit
True, it's not what you know. It's what you can prove.
But, the cop only has to prove the elements of the crime. The 3 crimes I listed don't require proof of a specific speed.
It's insane that you all get so upset over facts you don't like. Grow up.
atuckk15@reddit
Traffic School ineligibility is 25+ over posted.
bigcee42@reddit
Boot licker.
Maleficent_Leave362@reddit
It usually is 2 court dates. I’ve gotten pulled over twice.both of them dismissed. One of them was because when the cop clocked me, he was driving. He had been following me before he clocked me. The radar is up to 20% wrong when they are driving, so he couldn’t accurately make out a speed. The next time, the cop never showed up. My daughters got one ticket and it got dismissed as well. It was a fail to yield. She had an obstruction of view. The tree is no longer there cause too many people were getting fail to yield at the intersection and most people stopped at the stop sign and checked before pulling out. The cop even told my daughter to just go to court and bring a picture of the tree there. Cop had to write a ticket for the minor accident, but he knew she could get out of it. He knew it was a waste to write the ticket, but needed to write it anyway. Go figure! Anyway, don’t talk too much. If you talk to much, you might end up not winning. You don’t want to release too much info about your case.
DesertStorm480@reddit
"Why am I having to do two appearances?"
Was this "criminal traffic", the first appearance is an arraignment and the other the actual trial?
Just-sayin-37@reddit (OP)
I didn’t do anything criminal like reckless driving if that’s what you mean. I suppose since he clocked me at 94 it might be considered criminal. Which really pisses me off. When I got the speed check notification I looked down and I was going 70. Which I will tell them and they can ticket me for that speed. I wasn’t driving no damn 94. Hopefully fast track has cameras or something
Admiral_peck@reddit
I wouldn't mention anything at all. Simply ask the officer to prove how fast beyond reasonable doubt. That's how court is supposed to work.
Technical_Annual_563@reddit
I’m not sure I would mention the use of any speed detection devices if I were you. Is there something else you could share about your habits, like you always cruise control at the speed limit?
fitfulbrain@reddit
Normally on a ca ticket you have the instrument and the actual speed on it. The violation code is more important than your actual speed.
The usual is asking for a written trial and if you lose attend a court trial. Before that you can ask for discovery that is more complicated. If the officer doesn't respond or turn up in any step you win. There is r/Californiatickethelp for information.
If you don't want to do it yourself, there are ticket mills to do it for you such as doing the written trial for you. You get refund if you lose. Some connect you to real lawyers for under $200. You also get a refund if you lose, cannot reduce fine, and not getting traffic school. To compete local lawyers are offering similar service, with or without refund.
For the price lawyers are fighting on procedural grounds. Some developed a check list of 10 items. You win if the officer left out one of them.
Fulll price law starts at $300.
I find out lawyers don't normally like written trial. I guess if they have a good defense it's like giving the officer time to prepare. If they don't have a good defense, it's extra work. A check list won't work for written trials.
In your case I guess the officer is as pissed as you are. So you try to extend and extend hoping he forget about you. But I think you already have court dates? Normally the first appearance is to plead. If you plead not guilty the judge set the court date.
The officer lying? Very common as seen by drivers. You didn't drive that fast? Very common as felt by drivers. I don't think you can build a good defense out of it.
I bet some officers don't turn up in court because they don't have 100%. They hope you just pay up. They don't want to be questioned by lawyers.
Adventurous-Tough553@reddit
There are a bunch of nationwide fight ticket services he can Google if he doesn't want to hire a full-priced lawyer. Also, you can buy books about fighting tickets specific to each state..... I have not checked in a long time, but I remember when officers would not show up 40% of the time to ticket challenges at least in my part of the country.
Chuck-Finley69@reddit
Lawyer up with a ticket clinic