Speeding ticket

[kwike92]

So.. I just got my car back from the software update, I was driving on the 241 roll road in oc, I looked around, didn't see anyone, and I floored it, I looked at my speedo and I was going 90mph, any how I got pulled over by chp a he claimed to have clocked me at 105mph which I think is ridiculous considering I let off the throttle at 90mph..


So I asked him to show me his radar and he said "for what?" And I said because I want to see the 105mph he clocked me at.. And he said no because it doesn't show and it doesn't store the information etc...


Is this weird? And how can I fight this to at least get off on just speeding?

Needless to say, my car didn't get towed and I'm home now..

Insights welcome..
Thank u

[C|3R1C]

I'm pretty sure it does store the speed but maybe different models have different settings. You could probably testify to the effect that the radar unit was either not in use, calibrated properly, or the officer did not actually know your speed and decided you were just going fast. Either way just say you were going at a safe speed for given conditions and no where near the 105 mph marker.

I'm sure there are more technicalities you can use but thats my very limited knowledge lol. Others please chime in.

[Ricfutures]

Originally Posted by kwike92

he claimed to have clocked me at 10mph

That's a pretty compelling argument right there. He should have given you a ticket for driving too slow.

[osteome]

Originally Posted by kwike92

Is this weird? And how can I fight this to at least get off on just speeding?

[druheezy]

Contest via written declaration. I got out of my ticket using this method. I signed up with www.ticketassassin.com probably 10 years ago and it paid off (68 in a 50). It tells you counter arguments and strategies. GL.

[cambit]

100mph? I don't think ticketassassin will help you here. Might want to call Johnnie Cochran on this one. If the glove don't fit, acquit!

[THE TECH]

IIRC, when they use the radar to ticket you they normally leave the reading on until after the stop. Not 100% sure though.

[Leonardo629]

With the technology available to us today (iphone..etc..etc..), I'd be courteous to the office, and cordially ask him to show me the radar detector, and ask him if I can take a picture of it with my iphone, and if he refuses, then at least have a fighting chance he didn't even clock you.

[bubu]

You are pretty much screwed. It's his word against yours...and his word always wins, even when caught in a contradictory statement or outright lie. You have 3 options here:

1. Trial by written declaration, and hope he is to lazy to respond (only way to win one of those in my opinion). Get ticket assassin for the examples...

2. Go in front of the Judge and try to plead it down to a 1 pointer with traffic school.

3. Get a traffic lawyer. Guilty or not, Judges extend "professional" courtesies to attorneys and reduce or dismiss charges on the spot before it ever hits trial. Getting representation is really the only way to get your case heard fairly in my opinion...representing yourself your only real hope is the cop does not show.

[SDPRT]

Was is a radar or was is the Laser? Radar and Laser devices are calibrated. Highly unlikely the Chippy would be using an uncalibrated device. They always bring the calibration paperwork to court and submit it as evidence of the current calibration. Officers are not required to show the device to you. That means allowing you out of your vehicle and come within close proximity of them and their patrol car. Compromises officer safety (not saying you would do anything stupid but officers have died from situations like this). The officer has to visually estimate your speed then verify with the radar device. Officers are tested yearly estimating speed and have to pass. Their certificate of passing is also introduced into court. Essentially they could stop you off their visual estimation (no device required).

Just my insight. Good luck to you. Best thing just go to court and request a reduction in the fine. A $400 + ticket may be dropped down to $280 or so depending on you past driving record.

Does your ticket stated 105mph or 90+? Anything over 100mph can be an automatic license suspension. If he wrote you for 90 and not 105 then you should personally thank the officer. He cut you a huge break.

[bubu]

...forgot to add, you have to realize this is about extorting revenue out of you. Your guilt or innocence is irrelevant.

If traffic tickets were truly about public safety, the fine would be minimal, traffic school would be mandatory if you want to avoid a license suspension, and the points would show up on your record period. The way things are set up, the government takes big money from you to hide the infraction from your insurance company who would undoubtedly raise your rates. The insurance industry knows this, and therefore adjusts their risk accordingly...and you end up paying twice anyway.

[MRG Race Co]

I would listen to SDPRT! I have a feeling he is the most knowledgeable. Just my guess...

[SDPRT]

Originally Posted by bubu

...forgot to add, you have to realize this is about extorting revenue out of you. Your guilt or innocence is irrelevant.

If traffic tickets were truly about public safety, the fine would be minimal, traffic school would be mandatory if you want to avoid a license suspension, and the points would show up on your record period. The way things are set up, the government takes big money from you to hide the infraction from your insurance company who would undoubtedly raise your rates. The insurance industry knows this, and therefore adjusts their risk accordingly...and you end up paying twice anyway.

You have proof? This would be news worthy if you did.

[bubu]

SDPRT,

What part are you asking for proof on?

...the fact that traffic tickets are about revenue first, and public safety second...or the Insurance premium part?

[SDPRT]

Originally Posted by bubu

SDPRT,

What part are you asking for proof on?

...the fact that traffic tickets are about revenue first, and public safety second...or the Insurance premium part?

Yes....all three parts. What type of punishment do you suggest if there was no financial punishment involved? I believe you would suggest lesser fines. Apparently they aren't high enough because motorists continue to violate traffic laws. Can you believe a cell phone ticket is about $180. Lets ask all the motorists out there who use them if they are deterred because they aren't.

I agree with you about insurance premiums. I hate paying them but with a clean driving record and multi car discount my rates are pretty reasonable.

[bubu]

SDPRT, where to start...

I have previously posted links to articles that had talked about ticket quotas...and that municipalities explicitly pressure their police departments to write more tickets for revenue purposes. I believe Palmdale got caught red handed in federal court over this 10 years ago. They were threatening the LA County Sheriff's policing contract for the city as leverage...the substation ended up having a lazy motorcycle deputy who sued & nailed his superiors over an illegal quota, and everything came out in the public domain. LAPD had a similar stink a few years back. Strangely, this stuff never makes mainstream news.

...charging exorbitant fines is just a revenue grab in my opinion. Here is a document on where the money actually goes http://www.occourts.org/media/pdf/SB1407.pdf

The practice of hiding points from your insurance companies leads to higher premiums for everyone. The conviction rates which are public record vs. points on DMV driving records are an easily correlated statistic. I can assure you the points DMV is not showing vs conviction rates are accounted for and factored into the risk analysis model used to underwrite your policy & determine rates. In simple terms, everyone who has insurance is paying for this discrepancy. Eliminate the ability for traffic school to keep the points of your record would result in slightly lower rates for the majority with clean records, and an increased rate for those with a 1 point ticket. The the government gets to pocket the extra fees for traffic school at the expense of every single insured driver.

I may be cynical talking about the whole subject and I recognize that...I see government spending & taxation as out of control in California with traffic fines being just another avenue to gouge. I got a ticket for 95mph in Texas on the I-10...it was $135, In California that's $550+ land as the OP is unfortunately going to find out when he goes to court.

My belief is that unfortunately traffic fines are seen as a revenue source first, safety second. Red light cameras managed by private companies on contract are probably the most blatant example of this.

[bubu]

SDPRT,

...not sure if you know this, but cellphone tickets are not a moving violation under the California vehicle code so no points for texting or yapping away while driving.

[Ricfutures]

Since this conversation has shifted a bit, here's a good article on Red Light cameras in SD: http://www.utsandiego.com/news/2013/...-filner-halts/

[meez]

Originally Posted by bubu

...forgot to add, you have to realize this is about extorting revenue out of you. Your guilt or innocence is irrelevant.

If traffic tickets were truly about public safety, the fine would be minimal, traffic school would be mandatory if you want to avoid a license suspension, and the points would show up on your record period. The way things are set up, the government takes big money from you to hide the infraction from your insurance company who would undoubtedly raise your rates. The insurance industry knows this, and therefore adjusts their risk accordingly...and you end up paying twice anyway.

Preach, brethren.
100% True.

[SDPRT]

bubu,
Great points there but I'm not sold on your theory. Officers are not forced to write more tickets to generate revenue for their city and CA. As there was proof 10 years ago whats in place now are performance standards. For example a police officer works 10 hours. If that officer has 10 hours of non activity such as no citizen contacts, no reports, no arrests and yes... no traffic citations then the officer will be under review if its a pattern. Revenue is generated from each crime/charge and if convicted have to pay fines, pay court fees, pay back restitution and in some instances serve a jail term. Revenue is generated from taxes. Revenue can be generated from those who continue to violate the vehicle code. I do believe that red light cameras are ways of cheating. I don't believe in them.

[ScreaM]

You were doing 90 and you are wondering how you can get beat it

I dont think that's likely to happen

[AV9]

OP, I could be totally wrong...

but didn't you say you had a radar detector at some point?