It It Worth It To "Fight" a Ticket?

[SacramentoMike]

A damn speeding ticket coming into the Monterey Peninsula last weekend. CHP hit me with the laser doing 83, wrote me up for 75. Well, hell, I guess I was doing the 83 if the gadget said I was, but first, I sure don't need another mover right now. I've been on a roll lately, unfortunately. Took the on-line class to scrub one from my record, so can't repeat that for at least another year, and got nailed a couple months back as well coming into a town on a state road and not getting it down fast enough, again with a CHP radar unit sitting there just inside the town speed limit sign.

So anyway I got another ticket. This one will hit my insurance pretty good, I guess, so here's my question. How are the chances of beating it or getting a break if I go to court? Here's my argument (since I can't say he didn't clock me with the radar): I'd been coming up hwy. 1 and traffic had been light, but as I got closer to more population the traffic had gotten heavier and I'd become caught up in a heavy knot of traffic on both sides of me. There were some temporary barriers by the center divide, those "Jersey walls," making the lanes even tighter. Since it was late twilight, visibility was poor and I was basically surrounded in tight traffic. The only route I had to get out of the spot was to accelerate and then move to the right lane. There was a break in traffic ahead of me I could use to move over, with more heavy traffic just a bit ahead, so I couldn't have continued at a higher speed if I'd wanted to. So that's what I did, accelerated out of the tight pocket I was in and moved over to drop into a safer spot in the right lane where I could move more safely with traffic. It was dark and I was on a busy, unfamiliar road.

Well, the radar hit me just as I'd pulled away from the pack of cars, so yes, I was speeding right then. It was not reflective of the way I'd been riding all day (it was a 700 mile day) or even at the time, other than that single instant. "Your honor, I was just acclerating out of a dangerous situation and then dropping down to the speed of the flow of traffic" (which is true.) Well, that's what I'm leaning toward trying.

I've never appeared in court after a ticket. It's usually pretty straightforward when they nail you, but this one really does strike me as a bit unfair when I had just sped up for a few seconds (and your honor, my bike does accelerate rather quickly when I need it to) and I was already slowed back down when the LEO lit me up. Anybody have some relevant experience to share on this? And, maybe, if you feel that since I was really speeding and I deserved the ticket, please don't bother to comment right now.

 

[Ignacio]

It varies by state and CA isn't detailed, but I suggest the State by State section of the forum as there's some great stuff for other states. If you're willing to do the homework and research to prepare I think it's worth contesting.

...and no....speeding for a few seconds as opposed to obeying the law other times isn't a defense if you try and contest it. It's just an excuse if you want to try and mitigate it and lessen the blow.

 

[bikesniffer]

A damn speeding ticket coming into the Monterey Peninsula last weekend. CHP hit me with the laser doing 83, wrote me up for 75. Well, hell, I guess I was doing the 83 if the gadget said I was, but first, I sure don't need another mover right now. I've been on a roll lately, unfortunately. Took the on-line class to scrub one from my record, so can't repeat that for at least another year, and got nailed a couple months back as well coming into a town on a state road and not getting it down fast enough, again with a CHP radar unit sitting there just inside the town speed limit sign.
So anyway I got another ticket. This one will hit my insurance pretty good, I guess, so here's my question. How are the chances of beating it or getting a break if I go to court? Here's my argument (since I can't say he didn't clock me with the radar): I'd been coming up hwy. 1 and traffic had been light, but as I got closer to more population the traffic had gotten heavier and I'd become caught up in a heavy knot of traffic on both sides of me. There were some temporary barriers by the center divide, those "Jersey walls," making the lanes even tighter. Since it was late twilight, visibility was poor and I was basically surrounded in tight traffic. The only route I had to get out of the spot was to accelerate and then move to the right lane. There was a break in traffic ahead of me I could use to move over, with more heavy traffic just a bit ahead, so I couldn't have continued at a higher speed if I'd wanted to. So that's what I did, accelerated out of the tight pocket I was in and moved over to drop into a safer spot in the right lane where I could move more safely with traffic. It was dark and I was on a busy, unfamiliar road.

Well, the radar hit me just as I'd pulled away from the pack of cars, so yes, I was speeding right then. It was not reflective of the way I'd been riding all day (it was a 700 mile day) or even at the time, other than that single instant. "Your honor, I was just acclerating out of a dangerous situation and then dropping down to the speed of the flow of traffic" (which is true.) Well, that's what I'm leaning toward trying.

I've never appeared in court after a ticket. It's usually pretty straightforward when they nail you, but this one really does strike me as a bit unfair when I had just sped up for a few seconds (and your honor, my bike does accelerate rather quickly when I need it to) and I was already slowed back down when the LEO lit me up. Anybody have some relevant experience to share on this? And, maybe, if you feel that since I was really speeding and I deserved the ticket, please don't bother to comment right now.

Go to court, deny that you've been speeding and hope that the LEO has not filled out his paperwork correctly, cause that would be reason to dismiss...There is also some provision in WA State that the LEO has to prepare the paperwork within 3 days...or something like that and if not he's out of luck. Do some more research though regarding CA law. Maybe the LEO doesn't show up at court then you can't question him and I think that would be reason to dismiss as well.

bikesniffer

 

[OhioFJR1300]

The way it works here in Ohio is, you go to court on the day listed on your ticket and plead "not guilty". They then set a new date for you to return and hear your case. This gives the officer a warning and time to get his paperwork in order and to make sure he is there for your return date. I fought a ticket this way and ended up going to court 4 times and still lost the case. If you really want to beat thus, I say hire a lawyer and let him do his thing. Good luck with whatever you decide.

 

[old&slow]

The last time I was in court,,,

A guy before me was telling the judge how he had lost his job,,, his wife had left him,, his dog bit him ... The guy had me in tears.... The Judge said ,Take him out and hang him.....

I knew I was in trouble......................

 

[AVGeek]

ticketassassin.com

Also, check to make sure he wrote you up under the right CVC number. I once got a ticket in Long Beach for failure to stop at a red light. The cop wrote down the wrong CVC number on the citation. Since he was a city cop, he didn't show up though, so my case was dismissed anyway.

The last time I got a ticket from CHP, I tried to fight it, hoping the officer wouldn't show up, but of course he was the only one to do so that day!

 

[Checkswrecks]

So with a normal speedo error you were indicating a shade uner 90, you've had multiple tickets, already done traffic school, and it's from a CHP officer?

Personally, I'd be talking to a lawyer.

 

[user 213]

How long you were speeding isn't a defense. Having been in traffic court a few times, I can tell you that the judge has heard all the explanations/excuses. The moment you admit you were speeding, you're done. Any plea other than innocent will result in that ticket being on your record, and doing the damage to your insurance rating that you don't want.

Find out if CA uses a prosecutor for traffic court. Some states do, some don't. If CA does, call them and ask if they will consider a plea bargain. If they do, arrange to go in and plea your case to the prosecutor and see if you can plea to a non-moving violation. Generally this means you will be paying a higher fine and accepting/pleading guilt in a non moving violation that won't impact your insurance record, but will cost you more money. I don't think CA does this type of plea bargain on traffic tickets, but it's worth your time to check. It should only take a phone call to the court to find out.

Aside from that, your only real option is a good lawyer, steep fees and still a crap shoot.

 

[Silent]

In the republik, if you go to traffic court and the officer doesn't show up for some reason, you win automaticaly. Just sayin.

 

[JRO]

It sounds like you've got an unlucky streak going, on the FJR. Go ahead and fight the ticket. When you loose, you might consider that these people make some fine bikes, too:

https://www.piaggiousa.com

 

[El Toro]

I decided to fight one once. I was nabbed by laser in 2000 and the reason I was pulled over was I was the most convenient for the officer. I was just driving with the traffic on I-65 south out of Nashville during the tail end of the rush hour, but foolishly in the left lane. He was off the left shoulder and he flagged me in.

I felt like this was sort of unfair. Yes, I was a bit over the speed limit, but I wasn't passing folks. If he'd given me a ticket for driving in the left lane when not passing folks, I could have understood, but they never do that.

So I showed up for the court date hoping that he wouldn't show and that the judge would dismiss the case. When I got to court, it was full... and the judge was giving everyone "traffic school" if they plead guilty. If you attended traffic school, it was cheaper than the ticket (just court costs plus the fee for the lesson later). And if you were on the attendance list for your traffic school appointment, the ticket would not go on your record.

So I plead guilty and took traffic school. Had a great time too. Went down to Nashville and had a great dinner at The Stockyard (where else would El Toro get dinner?), and then a block away was the traffic school program. It was very short because the instructor was anxious to do something else. We heard a few anecdotes and watched a safety film.

I got a ticket in 2006 too, and it was off to traffic school again, this time in a rural county. We heard a 5 minute anecdote and then were dismissed to get free brats, hotdogs deserts, and beverages, and to sing Christmas Carols on the square. Most of us figured out how to get lost on the way to the square....

Ah...Good Times...

I still think the FJR has an overly generous frontal profile, although neither of these tickets were on an FJR. First one was in a cage, and the second on a Suzuki DL1000 in a speed trap kinda place.

 

[rickysnickers]

A damn speeding ticket coming into the Monterey Peninsula last weekend. CHP hit me with the laser doing 83, wrote me up for 75. Well, hell, I guess I was doing the 83 if the gadget said I was, but first, I sure don't need another mover right now. I've been on a roll lately, unfortunately. Took the on-line class to scrub one from my record, so can't repeat that for at least another year, and got nailed a couple months back as well coming into a town on a state road and not getting it down fast enough, again with a CHP radar unit sitting there just inside the town speed limit sign.
So anyway I got another ticket. This one will hit my insurance pretty good, I guess, so here's my question. How are the chances of beating it or getting a break if I go to court? Here's my argument (since I can't say he didn't clock me with the radar): I'd been coming up hwy. 1 and traffic had been light, but as I got closer to more population the traffic had gotten heavier and I'd become caught up in a heavy knot of traffic on both sides of me. There were some temporary barriers by the center divide, those "Jersey walls," making the lanes even tighter. Since it was late twilight, visibility was poor and I was basically surrounded in tight traffic. The only route I had to get out of the spot was to accelerate and then move to the right lane. There was a break in traffic ahead of me I could use to move over, with more heavy traffic just a bit ahead, so I couldn't have continued at a higher speed if I'd wanted to. So that's what I did, accelerated out of the tight pocket I was in and moved over to drop into a safer spot in the right lane where I could move more safely with traffic. It was dark and I was on a busy, unfamiliar road.

Well, the radar hit me just as I'd pulled away from the pack of cars, so yes, I was speeding right then. It was not reflective of the way I'd been riding all day (it was a 700 mile day) or even at the time, other than that single instant. "Your honor, I was just acclerating out of a dangerous situation and then dropping down to the speed of the flow of traffic" (which is true.) Well, that's what I'm leaning toward trying.

I've never appeared in court after a ticket. It's usually pretty straightforward when they nail you, but this one really does strike me as a bit unfair when I had just sped up for a few seconds (and your honor, my bike does accelerate rather quickly when I need it to) and I was already slowed back down when the LEO lit me up. Anybody have some relevant experience to share on this? And, maybe, if you feel that since I was really speeding and I deserved the ticket, please don't bother to comment right now.

If you are going to fight your ticket, then DO NOT say you were speeding. CHP officers are spot on in submitting their tickets. They are turned in every night, and don't hold your breath on one not showing up to court. They are subpoenaed and have to go, it's not voluntary.

As far as traffic school goes, you can go to a Level 2 school, with the court's permission. The one you probably did was a Level 1 eight hour class, or you did it on the 'net, or with a video. Level 2 is a two course that is offered is a two day deal. The catch is that the insurance company will see the ticket on your record and can up your rates. However, check with the insurance company and see if they acknowledge that Level 2 course. Some will and even though the ticket is on your record they will not up your rates.

Anyway, good luck however you decide to go.

Rick

 

[sin_loki]

In the republik, if you go to traffic court and the officer doesn't show up for some reason, you win automatically. Just sayin.

not 100% true, depends on the county. In Santa Barbara, cop does NOT have to show up to court. you could always try, When was the last time his equipment was calibrated?, if is near the end of date or overdue fudge 3 MPH there + 5-10 MPH on your bike. if you try that make sure you sound like you REALLY know what your are talking about. + sometimes a sob story will help (worked for me when i sold cars :big_boss: )

worst comes to worst you still get banged for the ticket

 

[HotRodZilla]

SM...Since I don't live in California, I cannot tell you for sure, but I will give it a shot. Take it for what you think its worth. In 12 years I have probably written 15K+ speeding tickets (That does not include all the other tickets). In court I have NEVER lost a speed case. The technology is just too good and the judges know we are not stupid. However, I have also received my fair share of tickets and I have never had to pay the ones I took to court.

Unless there are really some SERIOUS consequences, don't waste your money on a lawyer for a speeding ticket. Most officers hate it when some smartass shows up in court with a $500 lawyer for a $100 ticket. Also, depending on California law, the ticket may not show up on your record. I would call California MVD and ask them about the reporting requirements. In NM, you have to be a nuclear engineer to figure out which tix get reported and which ones don't. Most don't.

You can try to bash his equipment, but contrary to popular belief, LASER and RADAR units are not REQUIRED to be calibrated every 2 years. Many departments do it just to stay a step ahead, but usually as long as the unit is passing its daily function checks, including speed verification, there is no need to take it out of service and send it in. I would say the chance of CHP using bad equipment is slim to none.

Now, unless CA just won't do this, here is what I would try: Ask for a court date. On that date, speak to the officer and explain your situation, without spilling about all the other recent citations. You may get him to agree to what we call a deferral. Basically like probation for about 6 months. If you don't get another ticket during that time, this ticket is dismissed and never reported to MVD. You may have to pay court costs, but that's cheap. Even if you do get another ticket, there are ways to delay that until the end of your deferral, but I donno if I should spill that info on a public forum. Most people that ask me for a deferral get one, and most guys I know do the same. If CA doesn't allow that, then I kinda don't know what to tell you...Let us know.

 

[FJR_pig]

I'd been coming up hwy. 1 and traffic had been light, but as I got closer to more population the traffic had gotten heavier and I'd become caught up in a heavy knot of traffic on both sides of me. There were some temporary barriers by the center divide, those "Jersey walls," making the lanes even tighter. Since it was late twilight, visibility was poor and I was basically surrounded in tight traffic....more heavy traffic just a bit ahead....So that's what I did, accelerated out of the tight pocket I was in...It was dark and I was on a busy, unfamiliar road.

Wouldn't recommend your strategy because the above is all the Judge will hear. You're describing conditions that were dangerous and admitting to speeding at the same time.

Anytime someone claims another driver was forcing them to drive faster, it is a failed argument. It is your foot on the accelerator or hand on the throttle. I have seen this argument hundreds of times in court. It never works. Not saying I agree or disagree one way or the other, just saying it never works, especially coupled with your proposed description of conditions above.

I think you either seek a traffic school if that's available or throw yourself on your sword and hope for the best. Maybe the officer won't show. Just never know...

Good luck.

 

[Kevin Daly]

I dont want to jinks myself but I have not had a speeding ticket in 20 years. I speed everywhere I go but I pay attention for cops and I always respect the communities when I roll through (I mean what if it were your house on that state route??). But get me on the open road and I go!

 

[weekend rider]

O. M. You are screwed big time. Potential loss of license state mandated defenive driving school and 1 year probation no tickets aloud insurance up for 3 years and moved in the high risk catogory. thats about it. And you will want to slow down just in case......

 

[DucatiSSsp]

Yellow pages--Lawyers--traffic--Make a call!

Paid a lawyer(ticket specialist, all she does) up here in Seattle $300 or so to represent me. Just had to mail her office the ticket and check. Got a letter a month after my ticket from the lawyer stating the court was in my favor and was dismissed. Did not have to show up either. I believe the fee was about $150 more than the ticket, but figure in higher premiums and points, I was happy to pay the lawyer!

Good Luck and make a phone call or two!

Bryce

 

[Old Michael]

You are screwed big time.

Oh, that doesn't sound good.