Got a speeding ticket...have a few ?'s

Hey guys...so i got a speeding ticket the other day on 80 over by fairfiled (Solono County). He told me i was doing 84 but since it is my first ticket, he said he would write 70 in a 65, which he did...So according to the ticket, I was only doing 5 over the limit, although he did write down 84 on another part of the ticket...so my question...I was thinking about fighting the ticket...Is it true that if you try to fight a ticket and lose, you lose the opportunity to go to traffic school? I was thinking of doing trial by written decleration...also, how much could a ticket like this be? My friend was doing 95 in a 65 and his ticket was $200 (Daly City about two months ago) but I wonder how it is in Solono County. Any info is helpful...Thanks

I would be more concerned about the points then the fine.

What you need to do is enter a plea in abeyance. That is where you are basically pleading 'no contest' to the ticket and then take a defensive driving class. You pay the fine for the ticket plus a little extra for the class and the paperwork (usually like an extra $30-$50). The end result is that the ticket stays off your record and off your insurance. Unless you had the judge's wife in the front seat with you to testify that you were not speeding then the court is going to take the word of the officer. You can fight it if you truely believe that you were wronged and the ticket is bogus, but you are better off just doing the plea in abeyance and moving on. You have to keep a clean record for like 90 days or else they'll drop the ticket back on your record and tell your insurance about it, but if you can keep off the gas for a couple months then that shouldn't be a problem.

 

There is usually a clerk that you go to pay your ticket to when you don't want to go to court. They are the ones you ask about the plea in abeyance to. They will be familiar with it. I'd be surprised if they don't offer it as an option when you go in. There should be a number on your citation that you can call and get more information.

I called the number but they were all like...what for your courtesey notice...the officer said i could go to traffic school and not get the point on my record...i guess ill just do that...ok...so whats the difference between no contest and guilty...also, i hear that sometimes judges lower the fine because its first time, you have no job, in my case i go to a UC=money so yea...then would i have to go to court? Thanks for the fast replys...is there any way i can pay it off before i recieve the courtesy notice because i would prefer if my parents didnt find out...if they do...what can i do...but still...would prefer that they dont.

It will be less than $100 - I think. I'd just do traffic school, you might be able to do it online.

 

Dave.

It won't make any difference if you pay it before you get your notice. They will mail that to you anyway.

 

Basically a plea of Guilty says you did it. A plea of No Contest says that you aren't denying or admiting to the charges, but you would rather just pay the fine and not argue. Also, if it was a case where civil charges could be brought against you then a plea of No Contest would avoid that. For example... if you were involved in an accident when the citation was issued, then the plea of No Contest would keep the other parties from being able to sue you. When it doesn't matter one way or the other, I would always suggest you plead No Contest just to be safe.

5 miles over is not much. DEFINATELY do a trial by written declaration. if you don't like the outcome, you can still request a trial in person. no contest is pretty much admitting guilt as far as the court and all your immediate penalties are concerned.

 

http://www.ticketassassin.com/fight.html

Once again ...thanks for the replies...and yea...i know about ticketassassin from i-club...ok...so i have one more question...lets say i do trial by written decleration and lose...when i get my second trial...in person...can i plead no contest and go to traffic school or do i lose traffic school option after the first written decleration loss?

You'll probably still have to go to traffic school, only this time the points will still hit your record. Usually the only chance you have of keeping it off your record is to do what the court wants in the beginning. If you make life difficult by pleading not guilty and then expecting a break, then chances are that you won't get one. A lot of it will depend on the judge and the kind of day he is having. You have a clean record so far and he could help you keep it that way. Or he could decide to teach you a lesson and slap some points on your record that kill your insurance a bit for the next few years. The secret to keeping a clean record is to keep a clean record. You can't do that if you get points.

 

Call the court and ask them what you have to do to keep this off your record. If they say there is nothing you can do, then ask them about the plea in abeyance. In this case you can plead no contest or guilty. It doesn't matter. The bottom line is that anything you plead other than 'not guilty' in a plea in abeyance will still keep the points off your record. It doesn't exist after that point so they can't use it against you ever. After 90 days its like it never happened.

I'd do traffic school, its easy and you can do it every 18 months.

BTW saw at least 5 cops on 280 this morning on the way in.

thanks guys...ill just wait till the notice comes in the mail and pay it...i have a hook up on traffic school so yea...btw...i came back home to san francisco from davis today and i paid close attention to the area in which i got the ticket. I saw at least 3 chp (2 blk cars, 1 wht) within a 2 mile stretch on that side of the road (right after american canyon rd. heading toward sac). Crazy how many people they bust there. I got my ticket at 6:07 am so it was still dark out.

if you request a new trial, it is like starting all over .. yes you can still request traffic school.

 

just include this in your statement of facts:

I trust in the Court's fairness in this matter and believe that my citation should be dismissed in the interest of justice.

 

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

 

it's worth a try .. sheesh, you don't even got to take time to go into court.

I will try the written declaration approach first. If you lose, then you can request to go before the judge and throw yourself at his mercy by requesting traffic school. They are usually very accomodating as long as terms like 'street racing' or 'drunk driving' are not involved. The beauty of written declarations is that they force the citing officer to reply without showing up in court and consequently, without overtime. A lot of cops are usually too lazy/busy to reply so your chances of the case being dismissed outright are increased. The only caveat is that you have to pay the fine up front and will be reimbursed if the case is dismissed.

I think they changed it. It's no longer "Cop no show = no ticket/fine". Rather, if the cop can't show, they just change the court date.

 

I got busted for 60 in a 40, but the cop lowered it to 55+ in a 40. My fine was about 120, plus the 30 bucks you have to pay for choosing to enroll in traffic school, plus the 6 buck convenience fee for paying by credit card. Now I just have to take traffic school. Not a big deal, they have lots of internet schools, but that'll be another 30 bucks or so.

eat the fine and go to traffic school dude was being nice cutting you that much slack. If you fight it you will look like a dick and the judge could remove your chance for traffic school.

Yah, Fairfield is a hotbed of tickets now. I know a lot of people who have got tickets in that area. I was lucky while I was going to Davis, don't think they patrolled that area as much, but with all the people commuting to the bay area from up there now, I'm sure they're seeing a golden opportunity.

 

I'd guess the ticket will be around 80$, plus all the extras. Mine for 85 in a 55 was 250$

That was 13 years ago. Christ I'm old