silverstarr

I recently got a speeding ticket for going 75 mph on the freeway (speed limit 65 mph). I was on the far left lane and I was really surprised when I saw the flashing lights on my rearview mirror. When I looked down at my speedometer I was going around 70 mph and I thought "What the fuck!??" I thought I was going pretty slow for being in the left lane and I wasn't even passing any cars. If anything, the car in front of me was getting further away. I guess the jerk Highway Patrol Officer needed to give out some tickets!

Anyway, when the cop pulls me over he says he clocked me at 75 mph. I then commented, " Well who drives 65 mph on the far left lane??? Anyways, I was only going 5 mph over the speed limit." It was no use in arguing with him. He gave me a ticket anyways at 75 mph.

What do you guys think? Should I contest it? I was thinking to at least try to get the penalty reduced to 70 mph, or is it a waste of time to bother with this?

When I tell people about this ticket, they're surprised that I got this. For many years I would never get pulled over for going around 70 mph on the 65 mph freeway, even with cops around. Usually at that speed, a lot of people are passing me!

blackmagiCL_S

That cop must have been having a bad day or something. If you can miss some time from school or work I would fight it. If you were only going 5-10mph over the limit I would use the "going with traffic and it was only 5mph over the limit not 10" excuse even if it sounds lame. Worst scenario is that you are still stuck with the ticket and you missed an hour or two of school/work.

chatapuggy1

Don't even bother trying to fight it, you will lose, unless you have a day to take off from work to contest, but your case will only be dismissed if the cop does not show up, they usually do. Check the bottom of the tix, see if the cop posted his vacation dates on it, if he did, go to court during those days, you may have a chance.

If you have not been to traffic school in the last 18 months, I would just pay the tix, go to traffic school to get it off the record.
After just getting my third tix in the last year, I would estimate probably you would pay $80-104, another $29 for traffic school, then whatever the traffic school charges, go to a cheap one.

You can do this over the phone, trust me brother, you do not want to spend a day in the Orange County Courthouse with OCs finest!

CO-CL-S

For advise, I would say:
1) Slow down.
2) If you're not passing anybody, stay right.
3) Watch your rear view mirrors for police cars.

moomaster_99

Fight it. Go to court for the first day, this is a preliminary hearing. His report might be incomplete and the judge/commissioner will throw it out. At the very least if they offer you traffic school, they'll usually give you a reduced fine as well. If you can't take traffic school, go to court. If the officer doesn't show, the case is dismissed. If he does show, and this is for radar, ask him the last time he was certified for radar training and when was the last time his radar gun was calibrated and ask for the documentation. I think they are to be certified yearly.

Slimey

Unfortunately, you've already admitted guilt to the police officer. Your statement is admissible and likely was written down by the officer. If you try to fight it then your only hope would be for the officer to not show up.

Next time don't admit guilt to the officer. A lot of people give advice on what to say to the citing officer. I'm not exactly sure what the right thing is, but I recommend honesty without admitting guilt. The officer doesn't want to hear some bullshit like, 'I have to go the bathroom.' S/he's heard it all before. S/he's likely already decided if your getting a citation or warning, so just be alert, be honest, follow directions, and don't be stupid.

Driving 5 MPH over the limit is still speeding. It's a speed limit! You can be ticketed for going 1 mph over the limit if the cop really wants to be a hard-ass, granted this scenario rarely actually occurs. I got a ticket similar to yours many years ago when I was 18 for 60 in 55 zone.

If available to you I would go to traffic school and end it there. I would be more concerned about the ticket in general then the exact $$ of the fine. It'll affect points and insurance in CA. Traffic school negates it from affecting your insurance, assuming you're 'good' for another couple years.

moomaster_99

5-10mph in CA is within the acceptable standard of error that police tend to use. If he is using radar, then view my previous statement. If he paced you, ask when's the last time his speedometer was calibrated? When's the last time his tires were changed? Was his speedometer calibrated then? Documentation by the officer is the key. If he shows up to court unprepared for such questions, the judge/commissioner is duty bound to dismiss the case, as the ticket is 'hearsay' and not sufficient evidence.

WiLd~CL~TYPS-@SS

get a V1

mc222

Without a doubt--FIGHT IT

Getting pulled over for anything less then 12MPH over the speed limit is rediculous and impractical. Ill give you another defense...

If I spend my whole drive looking at my spedometer, I am putting more lives at risk by not paying attention to the ROAD!

It sounds like you were going with the flow of traffic (a very important point to bring up) not to mention that the road has hills and dips...

I don't see how any judge would let this stand...Personally I have gotten a few speeding tickets - Most of which I deserved - BUT I have fought every one of them and at LEAST had the points taken off....

There was a time that I was pulled over for a 72 in a 65--I fought it and got off completely free

Slimey

I've been told by an officer it is 3 MPH, of course that was about 15 years ago. This is a courtesy though and cannot be assumed or expected. Also, claiming speedometer error will not help your in a court (maybe...if you produce documents stating that you had it checked and then fixed).

Your arguments are salient (calibration of radar, certification of officer, etc.) but this is common knowledge for those that fight and defend tickets. The officer has heard these before and will have a positive answer for these questions. Not that it's worth a shot, but it will be a long shot.

Likely all irrelevant anyway, he already admitted guilt in his statement to the officer.

Slimey

Perfect and honest things to say to demonstrate to the officer that you were paying attention to driving, the road, others, and not the internals of your car...but you can do this without admitting that you violated the law and went x MPH over the limit.

bnavarro

get a lawyer. it only cost me 275 for the lawyer and to pay the ticket. you don't even have to show up. i got a ticket for going 78 in a 55. got i knocked down for a failure to signel. Plus, i don't lose a days pay.

SwankCLS

If I was to fight this ticket, I wouldn't use this defense. What would be your reply when the judge asks you if you have cruise control?

Paul

fight it.....

Paul

I would say cruise control is dangerous to use, people cut in and out of lanes all the time and I wont want to take my eyes off the road to reactivate cruise control every time i have to brake when someone cuts me off. You also react faster to emergencies when ur not using cruise control. The judge most likely wont ask u questions like that. Everytime I went, the judge just ask me to tell him what happened, never asked questions.

mc222

The judge 99.9% of the time will just say " Well, tell me what happened" and that is it...but is he does for some reason ask about CC go w/ Paul's answer.

CLBean

You should definetely fight it. I would recommend pushing the court date as far out as you can. Then when you get there, tell them that you are a very careful driver and you were going with the flow of traffic. And basically admit guilt, but ask for leniancy from the court, citing a tight budget or something like that... if nothing else you won't have to pay the ticket for a couple of months, the only downside is that the ticket will post to your driving record after you pay it, so your insurance rates will go up... Good Luck.

Cops are pricks... wasting time pulling over people for speeding and letting the real criminals get loose.

blackmagiCL_S

I really can't believe the number of people who said NOT to fight it! Maybe it is different in MA but a simple traffic violation will be solved in about 15 minutes at court (whether you are right or wrong). There are certain traffic days and everyone shows up that is fighting a ticket, first come first served. Hiring a lawyer would be insane! The judge says, "why do you think you shouldn't pay this ticket?". You tell him. He says whatever he feels and you are done. I have fought 2 tickets in my life, the first one they reduced the ticket amount from $150 to $100 and the second one they threw out totally.


Fight the damn thing! You have nothing to lose. unless you are a repeat offender, the aren't going to make you go to traffic school for a $50 ticket.

...at least not in Massachusetts.

Slimey

There is something to lose.

Unless something has changed, if you lose your court battle (and, as I said, it will be an uphill battle considering guilt was already admitted), you forfeit this opportunity to utilize traffic school. If you lose, the moving violation costs you points and will (potentially) raise your insurance rates (depending on your current status and history). If you choose traffic school then you have the opportunity to not have this thing affect your insurance.

If this was my problem and I could, I would use this opportunity to utilize traffic school and end this issue. I would save my day in court for the one that is really worth the effort and cost of fighting.

Think about it: how are you going to answer the judge when s/he askes, "so it says here on the ticket you stated to the officer that you were going 70 in a 65 MPH zone...did you say this?" Remember, you may have been on camera during your conversation with the officer.

mc222

Ok...Maybe Slimey is right--BUT to be perfectly honest I have received 11 tickets - 9 tickets involved points, so I have fought 9 in the past two years, (all sorts of stupid shit)

7 times they took off the points and I paid the fines, 2 times the officer did not show up...

So, I have 0 points on my license

If I did NOT fight the tickets, I would have many many points--That is why I say Fight it!

Slimey

I think that 'traffic school' means different things in different states. In CA it refers to an educational option of serving a moving violation. It is not a penalty, but an option other then just paying the ticket or having your day in court.

In CA you can go to traffic school every 18 months for various moving violations (speeding, running a stop light/sign, etc). When you opt for traffic school you are essentially pleading 'no contest' and paying court fees and school fees (maybe a couple other fees) but not the full ticket price. The real advantage is that the citation is not registered in a database that goes to the insurance company and you do not get points. Insurance is CRAZY in CA and the rates will quickly rise for any little mishap.

You can do traffic school and get the certificate online. Back when I last did it (about 18 years ago!) I had to sit in a classroom for most of a Saturday. Ugh.

One caveat about traffic school, at least how I understand it. If you do get a second citation in 18 months and lose the case/pay it -- BOTH of your citations are 'seen' by your insurance company. In essence, the traffic-schooled ticket is not really wiped from your record, it's just shielded unless you are a bad boy again. My advice - if you do traffic school, don't get a ticket for another 18 months!

So, your second ticket may be worth fighting, but not your first one unless it really is a mistake. And, of course, YMMV, IMHO...

TRIFFSABRAT

It's important to realize that speeding tickets are not about safety, they're about revenue. A good driver with an SCCA license in a perfectly-maintained BMW M3 will get a speed ticket as readily as a goofy hippie in a VW bus with no brakes, bald tires, dead shocks, dead windshield wipers, etc.

The judge in traffic "court" is usually a loser, doing that duty because he hasn't the horsepower to handle real cases. He wants to be out of chambers, playing golf. About the only escape possibility is the cop's failure to show. Otherwise, it doesn't matter much what you say, prove, or claim. I've received "radar" tickets when my radar detector didn't activate, etc. Cops lie. Get used to it. It's just part of the cost of doing business, and the charade of tickets and traffic court will cease ONLY when EVERYBODY takes their case to court and clogs the machine permanently.

Starter

I agree with CO-CL-S.

If you weren't passing anyone and the cars if front of you were pulling away, why were you in the left lane? If you're not actually passing anybody, stay right. Helps with the tickets too as the cops generally watch the left lane.

chatapuggy1

I agree with both Slimey and TRIFFSABRAT, I would fight it only if you have no other option. By going in and admitted guilt, if they find you guilty, you lose your option of traffic school that you originally had, now your worse off. I have estimated 17 tix in my time (still getting them), and have been to many courts in and around LA/OC area, they are all the same, its about revenue.

If you have the Traffic School option, by all means take it, may cost you a little extra, but saves you time and hassle. Of course thats what CA wants you to choose, because they all get revenue out of it, including the "authorized by the court" traffic schools, I bet they get a kickback too.

There is even an option most CAs don't know about, you can call the court, request a "Trial by Declaration". For this is the true lazy mans option, you don't even go to court. They send you a form, you put a explanation letter together, send it back, then the traffic commissioner/judge makes his/her decision. Its basically going to court without really being there. Get this, with this option, the judge has to get with the officer, so the officer has to respond via letter also. If he does'nt, you would figure the judge would dismiss the case, I have tried it, no letter was given by the cop, judge still found me guilty, but I did received an option of traffic school even though I had went just 6mo earlier, so I guess that was cool.

Its easy to say "fight it", but the true reality is when you are in the courtroom, and they call about 8 of you up, put you in a row like cattle, just go down the line and say "guilty/not guilty" They don't want to hear it, its just move em in move em out, get that dollar....At the most, if you have already been to traffic school once in last 18mos, you could beg the judge to let you go again, sometimes it works, sometime it doesn't. To me it ain't worth taking a day off work.

I was in the courthouse just a month ago with my boy who got a tix for doing 73 in a 60, cop wasn't even there, wasn't on radar either, but the judge did not dismiss it, so that is a true fallacy that they will dismiss it automatically, did'nt happen for him. He couldn't believe it.

Don't be mislead, my brother-in-law is a CHP officer for the Montebello Div, he has sat it on many traffic tix cases, the judge pretty much always goes with what officer friendly has to say, his word is bond, thats why he is an officer of the law, cause they never lie, right? I have had some hookups by him though, so if you know someone in the field, give them a call and see what they can do, its just a matter of erasing the record. SoCal is soooo shady, you can get anything done or removed for the right price and if you talk to the right person. But sometimes for a $100 tix, it ain't even worth the effort or the risk, and with traffic school being online these days CA just makes it easier to get that dollar from ya.

Peace

blackmagiCL_S

hhmmm...seems that it is the CA people talking about traffic school. to my knowledge, we don't have that option in MA. I appologize for anything that could have been seen as "ranting" in my posts above. I guess it is different in everyones case depending on state. Also, in MA for a simple traffic violation, often times it is just a representative from the State police, not the actualy cop so it never comes down to your word vs. his word. It is just the reading off a list of notes made by the officer that did pull you over. The admission of guilt may or may not be on that list of notes. Then the judge gives you a couple minutes to give your reasons.

Scooter

suppose u mistakenly got nailed for doing 90 in a 55...what would u guys suggest besides the obvious hiring an attorney????

Slimey

Mistakenly?

I think 25 or 30 MPH over the limit is considered wreckless driving. Court ± lawyer time. I'm not sure that traffic school is a de facto option in this scenario.

If traffic school is an option then I think most would recommend taking it. I agree (as chatapuggy1 said), it was likely set up to aid the state/county/community revenues, but it's there nevertheless. If you rolled a stop and you think the cop could no way have seen you do so from his vantage point, it may be worth the fight. If you were pulled over for going 80 and you think you were going 76 but the limit was 65, it probably is not worth it. As said, the court will usually find in favor of the county/state/municipality. Police and courts are wise to the the tactics of scheduling during officers' vacation and radar defenses. They usually have the upper hand.

Don't get me wrong, if there is no traffic school option the only real defense you have is to go to court or have the trial by declaration as chatapuggy1 said. I am not saying that you should always just give up, just consider your choices and probable or possible outcomes wisely.

I also agree with CO-CL-S, the best defense to a ticket is to not get one in the first place. There are a number of ways to avoid being the obvious target and to keep your third eye on the rear view mirrors, ever alert for police/CHP. There are ways to act when you are interacting with the officer (be honest and don't do anything to be perceived as a threat)...nonetheless, sometimes you have to suck it up when you knowingly violated the vehicle code and get caught.

RaptorCLS

Dont challenge it...CHP has nothing else better to do than show up in court. City cops you might get away with them not showing up.

Remember, the speed limit is the speed limit...although you can also get a ticket for holding up the flow of traffic, Police officers have 100% discretion as to what they can give it for.

IMO..just pay the $20 or whatever it is and take the internet class and be done with it. If you challenge and you loose, you'll forfeit your right for taking the traffic school to remove the points.

romigone

I gotta agree with SLIMEY on this one too.

I don't seen any reason to fight a ticket to get it down from 10MPH over down to 5MPH. That is like saying...yeah...I killed a guy but I didn't use 5 bullets I only used 4. Speeding is speeding no matter how you try to argue it. 65MPH doesn't mean 76MPH or 66MPH. With that said I always think I am safe if I keep it 10MPH over.

And from someone who has gone to traffic school 4 times in this fine state of California --- let me tell you it is a drag but the pros far outweight the cons. My most recent time was a couple of month ago and I did it online like someone else said. You have to read a bunch of common sense stuff and then take a quiz after each session. If you don't pass the quiz you simply have to re-read the section and take the quiz again. Towards the end I was just blowing through the reading part and going straight to the quiz. Once you "pass" all the sections you have to sign up for a monitored written test which is basically the same questions for the quizes you took online. I scheduled at a community center by my house, got their at 7PM and was out the door by 7:30PM...

..a far cry from the all day Saturday sessions for a Level One class or the 2 evenings for two weeks for a Level 2 class. Hell...spread the online stuff out over a week...doing it when you wanted to do it. There were many times I would do a section ot two late at night and many times...doing it in my underwear. ;-)

And has anyone in CA ever gone to comedy traffic school. I went to one of those for ticket #3 and let me tell you ---- the only thing funny about it was how un-funny it was. Wow! But the cool thing is the "teacher" was always late so 8 hours really only turned into about 5.

And yeah...CA is jacked when it comes to points and insurance rates. Any chance you get to go to traffic school --- take it. Although I think we are all lucky that somehow the insurance business doesn't realize that the CLS has 260 horses. When I insured my '01 I was expecting my rates to go way up and I was VERY surprised to find that they didn't. The CL continues to be a secret to everyone.

And who said the thing about cruise control? Can Honda / Acura make it any easier for us to use CC? Why do you need to look down at all to use it? I can see...for example...on my Dad's POS Camry where it is hidden behind the steering wheel on a stalk but could it be any easier to push 3 butons with your right thumb? A weak argument at best.

Mig

EricL

IMO, go to Blockbuster and pick up the traffic school kit...

About a year ago, the Burbank PD were writing tickets for 3MPH over the limit using radar.

Question: have you ever driven at 90-100 MPH in a 65 zone?

oonowindoo

hehe i did i went 95 MPH in a 75 MPH zone and 72 MPH in a 35 MPH ZONE...got tickets for BOTH haha... 72 in 35 MPH zone was because i was testing something, cuz i heard some crazy engine noise at High speed, so since there was no cars around me.. i just floored it... and i explained to the cop with MY HONESTY and he gave me a ticket for 45 MPH =)

Well for ur case, if u already went to traffic school, then just pay for fee and go to traffic school, dont risk ur chance of going to traffic school.

if u can NOT go to traffic school because u already did within the past 18 month, then just go fight it. cuz either way ur gonna get a point so y not give it a shot.. maybe the cop just wont show up

AcuraTLSFan

Where you on the 5 Freeway? Cops in Santa Ana/Tustin/Irvine are A$$HOLES!!! They pulled my over 2 years ago on Christmas Eve. Doing 75 MPH. Most of you Cali drivers know that 75-80 MPH is the norm on the left lane, if not more!

For people who take the 73 South Freeway, you know that it's always 85 MPH and plus.

A lot of people in the East always advise to get a lawyer and fight it...but i think it's uncommon over here to do that...we just usually pay it. I heard stories that people have 3 points and just got another ticket...they hire lawyer for about $200, and the ticket and her driving record was clean. That's a STEAL!

If i were you, i would fight it...tell the judge that driving at 65 in the fast lane would be unsafe to you and other drivers since the "flow" of traffic was atleast 75. You can go online and find alot of "get out of ticket" webiste.

chatapuggy1

I work with a lady who teaches traffic school in the Carson area, she always advises me to never drive in the fast or "suicide" lane as they call it, because supposedely its the lane that attracts attention and the lane that cops look to when hopping on the freeway in search of victims. If you must speed, do it if possible in the slow or next to the slow lane, but that could be an old wise tale.

Oh yeah to answer the comedy traffic school question, I have been to traffic school about 10 times in my life, and comedy school is totally wack. Save your cash, go to the cheap ass ones located in hotel banquet rooms($12), or go online, they are all the same, and CA mandated a few years back that instructors get "real" and stop letting people talk and fool around in the classes like the old days, we actually have to learn something and get it from a lesson plan now, hahaha!

EricL's question answered: I got a ticket 3 years back for going 98 in a 65. It was on the 134/5 interchange in Glendale Burbank. I talked the cop (CHP) into lowering the speed to 78 so I wouldnt be arrested nor would I face reckless driving charges, cause' the judge won't let you do shit when you drive too fast, the court will fry your ass, traffic school is way out of the question. My brother-in-law is a CHP officer out of Montebello Div and lives in Pacoima, so I of course mentioned that I was on my way to his house, that helped sway the cop a bit. Oh yeah those cutting over the double yellow line carpool violations are a bitch too, court don't like those either. My buddy just got one though for 103 in a 65, went to court, judge fried him, he got out of reckless driving charges, but he got slammed with a $310 fine, NO traffic school, no community svc, he better be lucky he wasn't arrested on the spot, cops have that discretion once its considered reckless. Grab those cheeks baby and pay up. Gray Davis wants your cash.

Peace.