Speeding Ticket In Kawlifornia (school?, declaration?, court?

[RenoJohn]

the pic that Warchild spread around the world ;-)

below quotes taken from another thread/forum

Rick wrote on 26.06.2008 15:49Sux about your ticket. I wanted to pass on this info in case you didn't know about it.

Trial by Declaration - https://www.southbayriders.com/forums/showthread.php?t=10071

Compared To What wrote on 26.06.2008 15:50John. . . This is what you need! No Bull! 8)

Today I got my nasty note from Plumas County California. I'm weighing my choices and looking for advice from CA folks who know this stuff. Much different than Nevada. -- As I see it, my choices are:

1.) Pay Fine, be done with this (and say goodbye to my clean record and say hello higher insurance)

2.) Pay Fine and do traffic school. (will keep record and insurance in check)

3.) Contest by mail (declaration). *If* i win, this all disappears and no fine. If I lose: Fine, Points on my record, Insurance will no doubt rise)

4.) Contest in court (same as #3)

5.)?? Negotiate this with the assistant district attorney??? Is this an option in CA?? I'd like to convince them that I have a good case, plan to fight this but will save everyone the time if they move it to a non-moving violation. A of course I'll agree to pay for that convenience. (i've done this elsewhere, but not CA)

The fine is a bit over 300bucks. My primary goal is to keep a clean record and good standing with my insurance Co.

CA advice anyone?, I 've experience with tickets, but not in Kawlifornia ...but I know many of you folks do ??

BTW: Currently I'm leaning toward #2

 

[evil_henchman]

Doesn't it suck when the best option is #2.......

 

[jordylad]

If you have time, #4 is best. The cop has to appear in court too, if he doesn't you are free.

How fast were you going and what was the posted speed limit?

What would you contest/argue?

 

[FJRONAMISSION]

I have done 1,2 and 4... even #4 you can usually get a break from the judge. how much over the limit were ya?

 

[ynotride]

Doesn't it suck when the best option is #2.......

+1. You might even be able to do the traffic school online. The last time I did it I used traffic school

 

[sin_loki]

if you go to school try Here.

its 15.99 to get signed up and you get a discount for using it additional times.

 

[motorcycle-ed]

I I were you, I would call the clerk of court, or assistant DA, or whoever is the right party in California (just call them and ask who). Tell them your story and tell them you feel your best option is to pay the fine for a non-points violation and ask it they would be willing to accept that. So far, I have negotiated three tickets in my life like that and all were accepted. You pay the $300 bucks but no points, no school, no record...done with. Hell the $300 bucks is cheap compared to what the points on your record would be. School works, but you only get a chance to do that once some time period. Save it for when...oops, IF you NEED it.

Ed

 

[Ignacio]

#4 all the way.

Never make their job easier and make them prove you guilty. Often times one can even find a reason for them to find you not guilty.

And I think #3 isn't the same because there's no face to the text.

Going the other negotiation routes...often have limited effectiveness over the phone anyway. If one goes #4 they often can possibly do do #5...and go #4 if the deal isn't there.

...of course, this is coming form a guy who is 4 for 4 in the Washington State system plus one assist on another case. I've never had the option of #2 and have to admit it is appealing.

Same basic concepts that have been detailed here (still waiting on a California write-up) are likely going to apply to Cali. as well.

 

[Bustanut joker]

how much over the limit were ya?

Hey this wasn't a drinking offense it had to do with speed.... As for reno here, He was busted for going to slow. :laughingsmiley:

Hey the guys kinda old :blum:

:jester:

 

[radman]

I'd refuse to do anything, wait for the warrant, get 12 deputies involved in a way slow chase documented on TV by vampire reporters palpating for anything that gives them face time, have lawyer work the system and get riders on the jury, introduce evidence completely uninvolved with the case, laugh as you leave fully acquitted. It is, after all, Kal.

rad Crane

 

[odot]

You look exactly like him, radman...........

 

[03HiYoSilver]

The Quotes below are some ideas from another Experienced Ticket Getter:

"Rule number 1 - Always go to court - as in always!

Rule number 2 - request a continuation - most jurisdictions will gant a first continuance with a phone call, but request a copy in writing, preferably by fax.

Rule number 2a-2xxx - request continuance.

The more cotiuances you request (and are granted - make sure you have a good reason!) the less likley the cop is to show.

Rule number 3 - always plead not guilty - not innocent, nolo, not anythhing but not guilty.

By following these three simple rules I went 22-1 over a four year period in traffic court. The not guilties included such sterling behavior as driving on a suspended license. My one loss? Expired motor vehicle inspection.

Nobody I have spoken to with these three tidbits has ever had a bad result. The only time I have is when I violated rule 3."

It made sense to me, remember R Kelly? Many years of continuances.

 

[twowheelnut]

I'd pay and do the traffic school (hopefully, online). Then, stay the **** outta CA for the next 18 months.

 

[FJRBluesman]

#2 is safe.

Not sure of the exact violation, radar used, witnesses you may or may not have, etc.

I believe out of staters can take the traffic school online.

Good luck.

 

[Bustanut joker]

You look exactly like him, radman...........

An you my friend.... Look just like my nutsack :****:

:jester:

 

[RenoJohn]

Thanks for all the advice. I guess what I need to confirm: If I choose to contest this (either via declaration or court) and am found guilty, do I still have the option of traffic school? I'll be calling them to find out.

I I were you, I would call the clerk of court, or assistant DA, or whoever is the right party in California (just call them and ask who). Tell them your story and tell them you feel your best option is to pay the fine for a non-points violation and ask it they would be willing to accept that. So far, I have negotiated three tickets in my life like that and all were accepted. You pay the $300 bucks but no points, no school, no record...done with. Hell the $300 bucks is cheap compared to what the points on your record would be. School works, but you only get a chance to do that once some time period. Save it for when...oops, IF you NEED it. Ed

Ed, you and I think much alike. I've also had success with this in the past. I actually learned it from an officer, after receiving an award I politely told him that I really value my record and asked for suggestions. He hesitated and then said: "Call Theresa at the DA's office on Monday, ...see if she'll work with you." I did, and she did.

However, never have I seen this done nor have I attempted in CA, ..but I will give it a try.

#4 all the way.
Never make their job easier and make them prove you guilty. Often times one can even find a reason for them to find you not guilty.

And I think #3 isn't the same because there's no face to the text.

Going the other negotiation routes...often have limited effectiveness over the phone anyway. If one goes #4 they often can possibly do do #5...and go #4 if the deal isn't there.

...of course, this is coming form a guy who is 4 for 4 in the Washington State system plus one assist on another case. I've never had the option of #2 and have to admit it is appealing.

Same basic concepts that have been detailed here (still waiting on a California write-up) are likely going to apply to Cali. as well.

You've got me motivated Matt. And, thanks for the info. Just wonder if I can back peddle into traffic school if found guilty?? OH, I mean 3 and 4 the same from the affect on record/insurance, I agree big difference when challenging your case.

how much over the limit were ya?

Hey this wasn't a drinking offense it had to do with speed.... As for reno here, He was busted for going to slow.

Hey the guys kinda old

LOL, All true. And I'll add: I was riding with a couple of Pole Gazers #1 and #2 and they convinced me to take the lead. Swine motioned us all over, I'm the only one to get paper hung. I was also the one who was not on the fjr that day. Lesson learned?" Be a trailering Pole Gazer on a FJR next time

I'd refuse to do anything, wait for the warrant, get 12 deputies involved in a way slow chase documented on TV by vampire reporters palpating for anything that gives them face time, have lawyer work the system and get riders on the jury, introduce evidence completely uninvolved with the case, laugh as you leave fully acquitted. It is, after all, Kal.

You have no idea how tempting that is. Me thinks you'd make a good good riding partner. let's log a few miles.

The Quotes below are some ideas from another Experienced Ticket Getter:
"Rule number 1 - Always go to court - as in always!

Rule number 2 - request a continuation - most jurisdictions will gant a first continuance with a phone call, but request a copy in writing, preferably by fax.

Rule number 2a-2xxx - request continuance.

The more cotiuances you request (and are granted - make sure you have a good reason!) the less likley the cop is to show.

Rule number 3 - always plead not guilty - not innocent, nolo, not anythhing but not guilty.

By following these three simple rules I went 22-1 over a four year period in traffic court. The not guilties included such sterling behavior as driving on a suspended license. My one loss? Expired motor vehicle inspection.

Nobody I have spoken to with these three tidbits has ever had a bad result. The only time I have is when I violated rule 3."

It made sense to me, remember R Kelly? Many years of continuances.

Hmmm, If I contest this, I will definitely make this part of the plan. Thanks.

 

[03HiYoSilver]

Reno,

Thanks for the response....I really wish you the Best with your Conquest. Getting a ticket is very depressing especially now that is not the Spirit of the law but the Letter of the law to help Gov't coffers.

A Salute to your Success!

 

[OldMotor]

In California, I would not bother calling the court or D.A.'s office. They both will tell you that only the judge can do anything for you and he will not talk to you until you arraignement date. What I would do is one of two things. the first is pay the fine, take traffic school and be done with it. Or do a trial by declaration and hope the officer does not respond. If that occurs you win by default. If you lose, request a trial and hope the officer does not show up. If he/she does show up present your case and see what happens. If you lose, go back to pay the fine and take traffic school.

Looking at the picture you posted, I would think that the violation was 22349( B) v.c. exceeding the max. speed limit of 55 mph on a two lane undivided roadway. If that is the case, then the officer only needs to show that you were exceeding 55 mph and not that your speed was unsafe. If you were cited for 22350 v.c. then that would be unsafe speed for conditions and the officer would need to show why it was unsafe for exsisting conditions. A little more info would help. Good luck.

P.S. I do not know how to get rid of that face after 22349. The face should be a B. For subsection B of 22349 v.c.

 

[flying junior]

I just went through this. Paid the fine, plus a fee, then did traffic school. It was $350 or so, all told, and a bit of a pain, but it's done and not on my record.

I used 24-7 traffic school on line, and they seemed to be an OK outfit, pretty cheap, and I think the deal is you can come back free next time you get nailed.

BUT -- my case was in a court 300 miles from home. Quincy is only about 90 miles from Reno. If I'd been in that position I'd have followed the advice you're getting from 03HiYoSilver. His rule No. 3 is essential. If you're going to contest this, you HAVE to plead "Not Guilty." All those other pleas will sink you because they are just variations on a guilty plea.