[Reset]

Alright well i got pulled over two days ago for speeding. I was on my way home (San Diego) from Santa Barbara and it was pretty foggy out. I was passing this semi (i believe.. it may have been a big work truck or something) and i was on an overpass, when right after i saw the police lights in my rearview. I pulled over after a little bit, not sure if he wanted me to pull over on the freeway or take an exit. He proceded to tell me that he caught me doing 83 mph (it was a 65mph speed limit). He said he would only write me for 80, and on the ticket it says 80+.

So... I REALLY can't get any points on my license, as my family is already having financial problems and my dad probably wont help pay for insurance if it goes up.

I assume I should go to court, but I wasn't sure... If i take it to court can he say "it was actually 83" (rather than the 80 written on the ticket) and leave me even more fucked? Or is the violation on the ticket the worst I can get when i go to court?

I have never got a speeding ticket before, so I assume if the officer shows up in court and I can't figure out any way to prove my innocence (will trying to pass a big truck for fear of rocks being kicked up work? lol), can i plea for Traffic school for 15mph over?

Any legal advice is welcome. I assume I should take it to court and fight it regardless.

[mustangjeff1997]

well, I've never gotten a speeding ticket before so I can't help you...but what I can do is say "good luck"

[Dennis]

California Traffic Tickets - CA DMV Traffic Violation Guide - DMV.ORG

there ya go. try traffic school that should work sense its the first offence

[00redgt]

u play you pay

[MustangMally97]

I'm not sure what's the laws are there but I know here in Colorado if you take it to court they will reduce the ticket almost always but you have to pay a $25 court charge. I would take it to court. Good Luck!

[Cool Bam]

In Ohio if the officer doesnt show up then you automatically win.

If your under 21 try youthful offender.

[GidEup]

How long have you been driving?
Are you under 21?
Have you been in any accidents that were your fault?
Have you had any non moving violations? (some people consider parking tickets violations but not tickets)
I'll make some suggestions with these answers, but these would purely be suggestions not legal advice or anything like that.

[thorpedo26]

i gota a 23+ ticket and im taking driveing school to get no points on my lisence

[JiMi_DRiX]

If it's your first, you can usually take traffic school (cost you money though) and get out of points on your license. But read up on your state laws.

[MarcInJapan]

Good luck. That should be a big fine. I wish the best. Most of us have been there done that with speeding tickets.

[graystang01]

i got a ticket for 52 and accelerating in a 25. i went to driving school and it was dropped completely

[Squints]

go to court and request traffic school. if you get it they'll drop the ticket, but you still pay court fees. if they don't give it to you, pay the ticket and get a job to pay for your own insurance if it goes up. (which you should be doing anyway... i think)

[Dennis]

you can get out of the points. i will say thou doing so will cost alot of money but it can be done

[agrimm1]

I'll let you in on some traffic court secrets.
1) In the United States of America- You have the right to face your accuser. If the officer fails to show up... you walk.
2) In most states you have the ability to reschedule your court date up to two times (check your local laws) One tactic most traffic attorneys find effective is to find out when the Officer who issued you the citation has the day off, and schedule you Court date on that day. Call the precinct and attempt to sweet talk your way into that info. Or, If you have a friend in law enforcement ask him to find out when (Billy Bob Officer) has the day off.

[agrimm1]

3) Traffic attorneys are better than you. They do this for a living, you do this as a hobby. Most charge less than $100 and that alone is way cheaper than insurance premiums.
4)You said there was heavy fog... (Slow the hell down in fog 83WTF?) How were you clocked? Visually, Radar, Laser? In this situation there is a compelling defense for each situation.
5)It does not matter that the officer wrote 80+, that could mean 80.000001 or 157MPH. Ultimately the Judge will believe you are guilty until you prove otherwise(kind of like the IRS).
6)The officer must have a clear recollection of the traffic stop, unaided by video or sound device, in most states. (They do cheat here)

[agrimm1]

I would recommend pushing back your court date... as many times as you are legally allowed. Hopefully scheduling it on the officers day off. I will leave better tips once you post the specifics of your ticket.
I like beating traffic tickets by the way.

[Reset]

Originally Posted by GidEup How long have you been driving? Over 2 years Are you under 21? Yes, 19 Have you been in any accidents that were your fault? Nope. Have you had any non moving violations? (some people consider parking tickets violations but not tickets) No, fix-it ticket for tint. I'll make some suggestions with these answers, but these would purely be suggestions not legal advice or anything like that.

Thanks guys for the tips, yeah i figure if i go to court i will be able to get traffic school.. but it would be even better to get it dropped completely.

agrimm - #2 - that's a really good idea, i always heard to reschedule for a friday, but finding out the days he has off is even better. What do you think would be a good tactic to find out what days he's off.. i just thought right now that i could call and ask if he'll be in today and do that for everyday but i realized that they probably have caller ID and wouldn't be happy about that.
#3 Yeah I heard they are pretty cheap, but is it REALLY worth it/necessary? I've heard that you're almost better off without them for little tickets like this. Especially on a first violation I would think that to get traffic school would be easy to get by myself.
#4 i'm pretty sure it was a radar gun. I think he was moving, not 100% sure though

I would recommend pushing back your court date... as many times as you are legally allowed. Hopefully scheduling it on the officers day off. I will leave better tips once you post the specifics of your ticket. I like beating traffic tickets by the way.

What other info do you need?

Also, FYI all the info on the ticket appears correct (color/model of my car, etc)

[Whiskey11]

Originally Posted by Reset Thanks guys for the tips, yeah i figure if i go to court i will be able to get traffic school.. but it would be even better to get it dropped completely. agrimm - #2 - that's a really good idea, i always heard to reschedule for a friday, but finding out the days he has off is even better. What do you think would be a good tactic to find out what days he's off.. i just thought right now that i could call and ask if he'll be in today and do that for everyday but i realized that they probably have caller ID and wouldn't be happy about that. #3 Yeah I heard they are pretty cheap, but is it REALLY worth it/necessary? I've heard that you're almost better off without them for little tickets like this. Especially on a first violation I would think that to get traffic school would be easy to get by myself. #4 i'm pretty sure it was a radar gun. I think he was moving, not 100% sure though What other info do you need? Also, FYI all the info on the ticket appears correct (color/model of my car, etc)

You are 19, go to court, plead youthfull offender if CA allows it and dont be stupid on the road and dont do illegal shit. If they wont take Youthfull offender ask for driving school, it's better than the points and it may actually HELP you drive better. 83 in the fog? Serious? Crazy and stupid, too young man too young, leave the dumb decisions to the old people who have had good lives, slow down!

California fog is killer, largest pile up in california involved 100+ cars and it was caused by the FOG, not worth it IMO. Stay safe man.

[agrimm1]

Isn't there a section on the ticket where it says how you were clocked. Radar requires them to visually identify the vehicle, basically the radar tells them speed... they have to interpret who is going that fast. Fog impairs their ability to do that effectively. As far as tactics go... I recommend the attorney, most of them have friends in law enforcement who know when people have the day off.
I'm sorry but if you were going 80"+" on a foggy overpass the Judge isn't going to have much sympathy for a "youthful offender".
Traffic school is a good idea if you have time for stuff like that. Some folks are busy and would prefer to have the ticket dismissed all together.
Oh and if you do go to traffic court there is no way he can say "Well he was actually doing 83." If he does the officer has just confesses to falsifying/tempering a legal document. (Big trouble for him) In this context 80+ means 80.

[agrimm1]

If you so choose to go to court, again this is entirely your choice (and god forbid Billy Bob shows up), hopefully you have pushed back the Court date to the point where he has no memory of the citation he issued you. There are exceptions but most Police Officers are not Cal Tech or MIT grads, they will have no living clue of who you are or what you were pulled over for (unless you gave him attitude or something stupid). Average Police officer issues something like ten citations a day. Ten per day times two or three months till your court date, what are the odds of you sticking out?

I did have a friend once who was pulled over for 87 in a 55 on a wet rainy terrible Houston afternoon. He walked into traffic court and when asked his side of events started talking about what a nice day it was(the day he was ticketed). And then claimed he was doing 55 down I-10 when he was pulled over by mistake. Lucky for my friend the officer thought it was a bright sunny day with clear sky's too. Ultimately the Judge remembered the terrible rainy weather and sent him home with a wrist slap.