its not the fines you should worry about, its the points. were you charged with reckless? i got a reckless and 2 points which wont be able to be clear for 1 whole year. and on top of that, my insurance doubled.

 

its not the fines you should worry about, its the points. were you charged with reckless? i got a reckless and 2 points which wont be able to be clear for 1 whole year. and on top of that, my insurance doubled.

btw where in cali are you from?

 

The fines are more a priority because I have to pay them or they'll sell my car. I can always find a cheap car insurance, even in my younger and even more reckless days. No, I didn't get a reckless driving citation, only the speed contest.

I'm in Citrus Heights, CA.

 

According to CVC 22852, you are entitled to a hearing to determine the legality of the impoundment of your vehicle. You must file for this hearing within 10 days of the impoundment.

I had mine yesterday. No surprise, they didn't relinquish my car.

While I pretty much figured that they wouldn't, I was hoping for them to atleast reduce the hold to a week or two but the officer I spoke with it dead set on a 30 day hold. He said the law requires them to hold the vehicle for 30 days, and even though I knew 30 days was the maximum and it didn't HAVE to be the full term - I wasn't going to argue with him.

I am starting to feel like the more I talk to the Police, the bigger the hole I dig. I am not allowed to view my own police report by law, because I'm the "suspect." I'm not sure how anyone could present a case if they aren't allowed to see the other side's story.

The system here takes about 21 days to process the ticket and at that point i'll get the amount of the fine and determine whether it would be cheaper to pay a Lawyer to defend me or show up and attempt to plea it down myself (since i've done such a spectacular job thus far...)

 

Hmm, that's odd, you really can't see your own police report? How is one supposed to represent themself in court then? I'm not doubting you but maybe you can further investigate that law because that's just not right. Good luck man.

 

sucks man im on the same boat just thank god their not taking my car away. i was trying to make good time upstate and i got owned. now traffic lawyer fees and still getting points is kind of ridiculous but its better than getting my license suspended. good luck on your misfortunes too

 

UPDATE (and attempt to keep the thread going - maybe turning it into a DIY!)

2 things i've found out recently.

In California, once a plea has been issued, the courts have 30 days to schedule trial if they threw you in jail, 45 days if not. If the trial doesn't happen in that time frame, you can motion for dismissal.

EVERYONE has a right to "Discovery." What that means is you have a right to the evidence to be presented against you before the trial and its free to do. Now, you may be saying - well duh! But I was under the impression that you needed a lawyer to do it and lawyers are expensive, especially if they are going to be charging me to do something i can do myself. The information needs to be subpoena'd and that can be accomplished by anyone over 18 whether your the suspect or a victim. The catch is, you need to enter a plea to get it. If you plead not guilty and go to trial, you've waived your rights to Traffic school if that was your back up plan.

My car is still impounded and I received the letter from the tow yard the other day warning me that they'll sell it if it is there too long. They encourage you to get your car out of their lot ASAP. I'd love to, but the police won' t let me!

 

I don't know if you were mentioning traffic school for informational purposes only but in California if you get a Speed Contest traffic school isn't an option. As far as a lien sale goes that can't legally sell it that quick because they have to wait at least 30 days before they can file with the DMV to have the sale and then they have to wait to see if someone (hopefully you) would oppose the sale and if noone did then they will get the go ahead from DMV to proceed.

 

Some lessons we should not have to learn the hard way.

Hope it works out for you.

 

29 1/2 DAYS LATER.

I GET MY CAR BACK TOMORROW! $100 to the Citrus Heights P.D. for the slip of paper allowing me to get my car out of jail, then $165 for the tow, $100 Lien Fee (sodomization fee for my car being int here over 72 hours - REGARDLESS of whether or not I could remove it) and $43/day = $1655. Ouch.

I've also learned that when I go to court at the end of the month, I ask for a continuance and declare myself as my representation which will give me access to the police records and such. At that point, if I have a case to defend, I will make the decision to hire representation.

 

Fight the good fight man!

 

Good luck with that man. Shit like this reminds me to behave myself on the street. Cops jump on the chance to call you a street racer here in Toronto. Guess they want to get off on seeing someones car crushed to a cube.

 

what state do you live in?

 

California.

Here are the damages so far:
$100 from the City of Citrus Heights to get the release
$1598 from the tow company to release the car.

I was looking around on the site last night and found a link to RJ's wheel catalog. I could have bought a full set with tires and springs for what I just spent. And it ain't over yet.

 

A ticket story where he mans up to it. My faith in humanity has been restored! Hope it works out well for you and fight the good fight.

 

Doesn't one 'fight the good fight' when one has been unjustly accused?

 

lol i dunno if they are illegal in cali but it seems as tho u need a radar detector...i live in md(not illegal) but i live very close to dc and va where i travel alot and radar detctors are illegal in both those places but i still use it...it has saved my ass plenty of times...the cop seemed like a dick cause u were right by ur house...i hope the trial works out well for u and sorry to hear bout the $1600+ u had to dish out

 

Congrats on getting the ride back.

And thanks for posting all of this. It sucks you have to go through all of this but its probably going to have a few more of us think twice next time we're lined up at a stop light.

I've been through something similar ... you're definitely not the only one that's been caught and felt like you were too old to be screwing around in your car


I'm sure laws are different in Canada vs Cali but up here you can often talk down the penalties ... maybe talk it down to a simple speeding ticket instead.

Good luck and keep us informed.

 

Good luck in court. It could've happened to any of us.

 

Hey Dan, i'm innocent until proven guilty. That said, you bet your ass that i'm going to court with this. The law is written with such a broad pen, admitting you were late to get to work/meeting/date/soccer practice could land you a speed contest violation.

If you google the intersection of Sylvan and Auburn blvds in Citrus Heights CA and bring up the satellite map, you can see the intersection this took place. You'll be able to see the width of the intersection, the distance before it chokes down to one lane and the distance before the second road on the right that I take to go home. to put the picture to a scale, a 1/4 mile is roughly the distance from the middle of the intersection to the second road on the right.

Radar Detectors are legal in cali as far as I know. I don't have one and it wouldn't have done me any good anyway. The officer "estimated" me at 55+ without radar. I'll have that thrown out. Most officers here have an "instant on" type radar system. By the time you notice its too late.

 

I had my arraignment Friday morning.

I offer 3 pieces of advice:
1) Speak to a real judge.
2) Be very familiar with what your accused of.
3) Be patient and courteous.

Speak to a real Judge.
The man that sat behind the courtroom podium was a "commisioner." I don't know what he was commisioner of, his qualifications were never stated. He was very irritable and short tempered. You have the right for your case to be heard by a REAL Judge.

After asking for a continuance, I was passed off to an equally impatience, roughly 25 year old District Attorney.

sidebar - I realize that they deal with the scum of the earth day in and day out, but don't give me an attitude, you're the professional - help me through this.

I informed the DA that I was having trouble obtaining any information regarding my accuzations and he didn't have anything to give me. After some attitude and coersion, he disappeared to make me a "deal" on pleading. His idea of a deal was over the maximum amount stated to be assessed. I abruptly told him no deal and pled not guilty. He asked if I wanted a hearing or trial. I opted for trial.

I'm not sure if opting for a trial was a good or bad thing. If I went with the hearing, it was me versus the officer and the judge acts as the jury. We all know which side he'd be on. But if I went to hearing, the potential of the officer not showing up was there and it being dismissed was pretty good.

Be patient and courteous:
I called him commisioner each time he addressed me. That may have pissed him off. Opting for a real judge really would have pissed him off. But either way, experiencing the 129 other dreggs of society would have tried the patience of Jobe. You should have seen some of these people. The court should administer a breathalizer test in order to come into the courtroom. I swear half the people were either stoned or drunk or both. I was one of 3 people that wore slacks and button up collared shirt and may have been the ONLY person without priors.

The commisioner ended up giving me the continuance i'd asked for an hour previous and reinforced how important it was to obtain legal counsel because losing my case could ultimately result in 6 months Jail time.

I find that hard to believe he make me serve time if 25 minutes earlier he let a guy walk out of the court room guilty of hit-run on a pedestrian with $1200 in fines and 10 days work program.

And lastly - our Judicial system is a revenue MACHINE. There were 2 cases dismissed in the interest of Justice. Other than those the smallest fine was $310 to a guy that forgot his fishing license and was busted. If the dumbass wouldn't have gotten a "failure to appear" penalty tacked on to his fine, he would have gotten out of there for $10.

And now I begin to prepare my case.

 

You hit the nail right on the head. Its not even a judicial system as far as traffic court is concerned in California its a Revenue Machine. Everything is so stacked against us that most people opt not to deal with it and either pay and go to traffic school (if its an option) or just pay it. Most people don't have the time, smarts or the means to fight a ticket or hire an attorney and the court knows it. On cases where a public defender is given you might as well not have an attorney because they don't care either because they are paid by the state so your fines are helping pay their salary. Good luck with your case and I hope your judge likes you because sometimes they will give you a break on the fines even if they find you guilty but don't bank on it.

 

Good job man. This is all very useful info for those of us who may end up in this situation. I'm sure both the douches you spoke to tested your patience and I commend you on your patience with them. So are you going to prepare your case on your own or with an attorney?

 

First of all, I wish you the best of luck. The reason I'm going to law school is exactly because of situations like these. I believe in fair representation for all and also because the law will ass rape you without a lube if you don't know its intricacies lol. And you are fighting the good fight! Remember, like you said, you are innocent until proven guilty, not the other way around! The burden of proof is on the officer or the accuser to show, beyond a resonable doubt, with hard evidence and non circumstancial evidence, that you are guilty of all counts in which you are charged with and are accused of. Find the loopholes, pay attention to the specifics of the wordings, and think like a lawyer would.

Secondly, after this ordeal is over and done with, I would request that you write an official guide of sort, for dealing with impounds and speeding ticket, based on your personal experience and the extensive research you've had to do over these past few weeks. Fear is a damn good motivator and in this case, fear made you fend for yourself.

I do believe myself and others here would very much appreciate if you consolidated all these various pieces of information and literature you've gathered, combined with your advice and what you've learned, for everyone here at these forums.

Thanks!

 

Sucks to hear about the situation.

I was actually pondering the other day... I was getting onto the highway from a stoplight, minimal to no traffic, decided to bank some gears and give it a lot of gas. Before i know it, but quick enough to react, i see a set of HIDs coming up fast in my side view. I wasnt racing, i was driving with spirit. But while i wasnt racing the Benz coming up fast probably was.

This guy wasnt at the light with me, mighta been on the other side of the intersection, never saw him, no taunts exchanged, no lights, flashers or honking of horns....

But anyone who might have saw us would say we were 100% racing...

I said i was quick enough to react, so as soon as i saw him i lit up the brake lights, slowed quickly to the speed limit and changed lanes. This guy flew by and was continuing to accelerate...

if a cop saw that i doubt hed believe my story.

 

I agree. And I must say - eloquently put, aside from the ass rape reference.

I've documented my steps on this forum as they've occured step by step, and will continue to do so. There are a ton of sites out there that "help" you beat a traffic ticket, but most of the ones i've found fall back on the officer not showing up to the hearing.

If and when I am issued everything I ask for from the CHPD through the "Civil Discovery Act," I should be able to make a case for myself. The hardest part will be persuading a jury that I was not participating in a speed contest based on what the officer saw. If the officer really didn't take any notes and the carbon copy of the citation is really all he had then it will make my job a little easier.

I would appreciate the help if you'd like the practice. PM me and i'll give you the specifics of where I was planning on taking this case.

 

Two random things. The first is with speeding and a radar gun it is your right to challenge the accuracy of the hardware being used. If you do some research on this you will see that many people have petitioned in court to have the information concerning how the radar gun operates and its calibration reports given to them. Also, every time an officer has to show he must take time off, etc. If you try and get your trial date moved a couple of times the officer may get tired of clearing time to go to testify and may just decide to not show.

 

i heard that if the cop fails to appear at court, then it gets thrown out. but i dont know if thats the trial or hearing

 

My second hearing was 2 fridays ago and the "commish was in a much better mood. He again granted me a continuance in order to seek legal aid.

So I did, and hear is what I learned; Attorneys are a scam.

I know - newsflash right? Here is how the meeting went in a nutshell.

The attorney can either negotiate the citation down to a lesser charge for $750 or represent me in court for $2500. Seeing as how its already cost me $1600+ for impound fees, i just settled.

But the whole thing is a wash. Try and follow me here:
By hiring the attorney for $750, i'm still going to have to pay around $300 in fines and traffic court. But, in my case, 2 points would add up to a 35% increase in insurance premiums, or another $30 per month. $30 per month x 12 months x 3 years to clear the points is $1080!!

If you go to court for $2500 and win, it costs you $2500 and you have no points on your record. So its actually cheaper to take the points! Even if I lost the case, I would have still had to pay the $2500 + up to $1000 in fines and still have 2 points.

I also asked about having my case dismissed and her answer was not without a trial, and she followed it up with you'll never see your impound fees again. I countered with "i'm entitled to them by law" and she said that tow companies are awful and i'd never see it. I then asked about my civil right of discovery and she told me i'd have a hell of a time getting that also. I told her this "justice" system doesn't exactly sound "just" and she agreed with me with a smug ass look on her face.

So yes, she is a scam artist also.

My next court appearance is this friday. I don't have to go, she does and she'll get another continuance in order to get discovery (what i'm paying her for even though I am legally allowed it for free).

To be continued...

 

I've gotten a street racing ticket before. I was told it lasted 7 years on our record like DUI's do.

 

The best of luck to you. Hang in there

 

Sorry about that. I would have contested his decision to take my car. No one is going anywhere with my car. Forget that!