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      04-23-2009, 01:04 PM   #1
Kobaiyashi
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Speeding Ticket Advice

Had the crappiest morning ever and to top it off, got a speeding ticket today. Damn!

I was rounding a large hill in Newport Beach and the cop, who was positioned near the top of the hill, caught me on radar (“Lidor”?) going 82 in a 60. I did my best to be respectful and cooperative –and the cop was very nice and professional—but still got the ticket.

The cop said he was giving me a break by only citing me for CVC §22349(a) – exceeding max speed limit of 65 MPH.” I’m unsure how this is giving me a break? Perhaps just because the court will give me a lesser fine?

More pressing to me, however, is that I just got a speeding ticket 3 months ago (85 in a 75!) and completed traffic school last week. As such, it doesn’t look like I can do anything to minimize the pain this ticket is going to cause my wallet. The Orange County Superior Court’s website references the possibility of Level II traffic school for those who get more than one ticket in 18 months, but a Google search revealed that though completion of that school will erase the point from your DMV record, it is not confidential. As a result, it appears that my insurance company will know that I got this second ticket regardless and, perhaps will even be able to figure out about the first ticket (he went to traffic school and got a point, that must mean he’s already been to traffic school once before).

Any advice on what to do?…. aside from not speeding/getting a radar detector!!

Thanks,

Peter
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      04-23-2009, 03:43 PM   #2
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Quote:
Originally Posted by Kobaiyashi View Post
Had the crappiest morning ever and to top it off, got a speeding ticket today. Damn!

I was rounding a large hill in Newport Beach and the cop, who was positioned near the top of the hill, caught me on radar (“Lidor”?) going 82 in a 60. I did my best to be respectful and cooperative –and the cop was very nice and professional—but still got the ticket.

The cop said he was giving me a break by only citing me for CVC §22349(a) – exceeding max speed limit of 65 MPH.” I’m unsure how this is giving me a break? Perhaps just because the court will give me a lesser fine?

More pressing to me, however, is that I just got a speeding ticket 3 months ago (85 in a 75!) and completed traffic school last week. As such, it doesn’t look like I can do anything to minimize the pain this ticket is going to cause my wallet. The Orange County Superior Court’s website references the possibility of Level II traffic school for those who get more than one ticket in 18 months, but a Google search revealed that though completion of that school will erase the point from your DMV record, it is not confidential. As a result, it appears that my insurance company will know that I got this second ticket regardless and, perhaps will even be able to figure out about the first ticket (he went to traffic school and got a point, that must mean he’s already been to traffic school once before).

Any advice on what to do?…. aside from not speeding/getting a radar detector!!

Thanks,

Peter
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      04-23-2009, 04:03 PM   #3
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In my book, getting a break is getting let off without a ticket, but I guess most cops don't go for that anymore...still, he may have helped by not citing your exact speed. it still looks bad that you were speeding, but it doesn't look as bad because nobody knows how much you were speeding by. You could have been 2 over or 20 over, but because you were just cited for exceeding the speed limit, the court would never know and your records would never show it.
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      04-23-2009, 05:31 PM   #4
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i don't think doing traffic school will help, even if the judge allows. it will show on your insurance and your premium will go up

on the speed, i don't know how that's a break for you. as far as i know speed are in 15mph increment. so if you are 1-15 over, it's one bracket, 16-30mph is another. you were caught 22 over, and now 17 over, so i don't know how that's going to help. fine is probably around 300 iirc. a while ago i was caught 75 in 55, and the cop also said he gave me a break by writing 70 in 55. now that was a break coz' it became 15 over
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      04-23-2009, 06:22 PM   #5
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Don't speed and get a radar detector!!1!

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      04-23-2009, 07:48 PM   #6
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sorry to hear.. once you got a ticket, nothing much you can do unless you press your luck by either pleading not guilty and hope the cop won't show or plead guilty with lesser fine.
i got pulled over for speeding as well and my court date is 5/11. there were some cars that passed me on the freeway, so i thought there was no cop and what do i see like 20 seconds later?
chp gave me a speeding ticket 80 on 65 zone + no front license plate.
clearing no front license plate was a pain cuz i didn't want to drill holes on my bumper but i could not just "stick" on the plate for signing off purpose either. anyways, long story short, i got the license plate signed off, but i'm just crossing my fingers that the cop won't show. if he does, i'll just ask for a lesser fine at that point.

oh and even if the judge allows you to go to traffic school, don't bother. my friend went to the traffic school and cleared the DMV point, but yup his insurance rate went up. so he pretty much wasted $70 for traffic school and 1 saturday lol
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      04-26-2009, 03:57 PM   #7
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bro... www.ticketassassin.com

I've used it. Paid the 25 bucks. Got my wife out of a speeding ticket in Carlsbad through trial by mail. Thank me later.
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      04-26-2009, 09:34 PM   #8
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bro... www.ticketassassin.com

I've used it. Paid the 25 bucks. Got my wife out of a speeding ticket in Carlsbad through trial by mail. Thank me later.
+1. i just won my case doing 90 mph on the 210.
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      04-27-2009, 03:11 PM   #9
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Originally Posted by Phiberglass View Post
He would've had a slim chance of getting a save via radar detector since he was shot with LIDAR. Was this a motorcycle unit?
Yes, motorcycle unit.

Thanks for the responses guys. My drive back home helped get me over the depression of the ticket. The car is just too much fun to care about such things for too long.

I'll check out ticket assassin and will certainly buy you guys a beer if I end up getting out of this somehow!

Peter
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      04-30-2009, 01:50 PM   #10
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You have many options to avoid getting the ticket on your record. This site walks your though the entire judicial process for traffic violations and describes your options: http://helpigotaticket.com/index.html. Don't wait, some of your options require timely correspondence.
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      05-20-2009, 04:32 PM   #11
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Quote:
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bro... www.ticketassassin.com

I've used it. Paid the 25 bucks. Got my wife out of a speeding ticket in Carlsbad through trial by mail. Thank me later.
TicketAssassin are scammers. BBB rating is F. They do not provide the service they advertise and do not respond to emails.

Beware!
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      05-20-2009, 10:24 PM   #12
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TicketAssassin are scammers. BBB rating is F. They do not provide the service they advertise and do not respond to emails.

Beware!
What are you talking about? The 25 bucks is a donation. It's totally based on the honor system. And, like I said, I got my wife out of a $250 speeding ticket in Carlsbad with trial by mail last year. What a great feeling.
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      05-21-2009, 10:31 AM   #13
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Fight it aye!!!
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      11-25-2009, 08:37 PM   #14
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Looks like I owe you all a round. Used ticket assassin and my own b.s. to draft up a declaration and contest the ticket. Was notified a few weeks ago that the ticket has been dismissed!

For anyone who's interested,

Citation Number: __________
Request for Trial By Written Declaration

DECLARATION OF FACTS
I respectfully submit this written declaration to the Court. I plead
Not Guilty to the charge of violating C.V.C. §22349(a).

At 9:45 a.m. on April 23, 2009, while driving northbound on Newport Coast Drive, I was stopped by Newport Beach Police Officer _________ (Badge #____) and was charged with violating California Vehicle Code §22349(a) – “Exceeding Max Speed Limit of 65 mph.” The Officer alleged that I was driving 82 mph in a 60 mph zone based on “lidar” evidence. I contend that I was driving well below this speed at the time of the stop and that my speed was safe for the prevailing conditions. As noted on the citation, the weather was “clear,” traffic was not heavy, and the road conditions were “dry.”

I contest the violation on the following grounds:

(1) The Officer failed to demonstrate that the laser he was using had been recently calibrated and that he had been trained to use the laser;
(2) A Handheld Laser Is Not Likely To Have Accurately Detected My Vehicle’s Speed;
(3) I Was Travelling At a Speed That Was Safe And Appropriate For Given Conditions.

The Laser Was Likely Not Recently Calibrated
A laser is a precision instrument, and the testing, calibration, and operation in accordance with the manufacturer’s specifications is very important. In this case, the Officer failed to demonstrate that the laser was recently calibrated or that he had any knowledge regarding the proper testing and calibration of the instrument. Based on this failure, it is likely the laser was not recently calibrated so as to accurately detect my vehicle’s speed.

A Handheld Laser Is Not Likely To Have Accurately Detected My Vehicle’s Speed
Even assuming the laser’s proper calibration, its use in this instance is unlikely to have resulted in an accurate reading. Lidar measures a vehicle's speed by calculating the changing time it takes to catch sight of reflecting pulses of light over a certain time period. The effectives of a lidar gun is determined by factors such as surface area of the lights on the car; the amount of chrome areas on the vehicle; shape of the vehicle; and the color of the vehicle. Lasers require precise aiming. To be accurate, lasers have to be stationary and steady. Sweeping Errors occur when the laser is aimed at one part of the vehicle and, due to an officer’s movements, switches to another part of the vehicle. Sweeping Errors add to the target vehicle’s speed and cause inaccurate readings. Aiming a laser from a distance exacerbates Sweeping Error.

In the instant case, the officer was positioned at the top of a hill, several hundred feet away from my vehicle (982 feet per the ticket). The lidar gun used by the officer was not stationary, but held in his hand and thus subject to Sweeping Error. This error would likely have been exacerbated by the great distance from which the officer “shot” my car. Given the position of the laser with respect to my vehicle, and the lack of evidence that the laser was in proper working order or that the Officer had been adequately trained to use the laser, there is strong likelihood that the laser was not used properly and did not accurately detect my vehicle’s speed.

I Was Travelling At a Speed That Was Safe And Appropriate For Given Conditions.
California law states that no person shall drive a vehicle “at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the [road] and in no event at a speed which endangers the safety of persons or property.” (C.V.C. §22350.) Moreover, California allows a ticketed individual to establish by “competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.” (C.V.C. §22351(b).)

As Noted by Officer __________, Newport Coast Drive – a straight, well maintained three land boulevard – was dry and not heavily traversed at the time I was stopped. Furthermore, there are no intersections or cross-walks on the stretch of Newport Coast Drive where I am alleged to have been speeding nor are there shops, residences, or other public spaces immediately adjacent to the road. Finally, the relevant section of Newport Coast Drive ascends steeply so that the speed of a vehicle is constantly (and dramatically) impeded at all times. Given these favorable weather and road conditions, it was quite safe to proceed up Newport Coast Drives at the speed I was travelling. As such, and pursuant to California Vehicle Code §22351(b), I was not in violation of the basic speed law at the time and place of my citation.


For the above-stated reasons, I respectfully request the Court dismiss my citation.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.




Date: [Insert Date] _______________________
[Insert Name]
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      11-25-2009, 10:28 PM   #15
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Quote:
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+1. i just won my case doing 90 mph on the 210.
You got lucky. That could have been a "reckless driving" citation and not just a simple speeding ticket.

Quote:
Originally Posted by Silvertige View Post
bro... www.ticketassassin.com

I've used it. Paid the 25 bucks. Got my wife out of a speeding ticket in Carlsbad through trial by mail. Thank me later.
Werd.
I don't know if CHP will not respond, which is the basis of the whole process. Regular police officiers don't get overtime to write a rebuttal.
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      11-27-2009, 03:21 AM   #16
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i beat a speeding ticket couple of years back by trial by declaration. Its ironic, i was test driving a 335i and just went a little crazy, lol. At one point i was doing 130 mph but then by the time i got caught i was doin 80 or so...got hit with an 80 in a 65 mph zone. Actually, traffic was pretty heavy at the time and i was doing that speed in order to get around a bunch of trucks to make the exit. The cop actually caught me just before the 65 mph zone though, so i dunno why he wrote down 80 in a 65. But i did trial by declaration and got my money back and no points!
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      01-15-2010, 05:35 PM   #17
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Just got a ticket today

I got a ticket today for u-turn on Brookhurst when there was supposedly a sign saying no u-turn. I'm sure if I was driving a camry, the cop wouldn't have noticed.. I already did traffic school for a traffic camera violation (right turn without complete stop @ red light on harbor@warner) so I need to fight this ticket.

Ticket Assassin seems like an option. Does anyone have a sample of a written statement for u-turn violation, 21461(a)?
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      01-16-2010, 01:00 AM   #18
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whats up guyz-- i use a lawyer for all my tickets-- company is local o_c-- cost is $750.. they're batting 1.0 for me.
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      01-17-2010, 12:40 AM   #19
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Quote:
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I got a ticket today for u-turn on Brookhurst when there was supposedly a sign saying no u-turn. I'm sure if I was driving a camry, the cop wouldn't have noticed.. I already did traffic school for a traffic camera violation (right turn without complete stop @ red light on harbor@warner) so I need to fight this ticket.

Ticket Assassin seems like an option. Does anyone have a sample of a written statement for u-turn violation, 21461(a)?
Write it yourself lazy azz.

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whats up guyz-- i use a lawyer for all my tickets-- company is local o_c-- cost is $750.. they're batting 1.0 for me.
$750?? LOL! I am batting 5/5 with Ticketassassin. Cost? $25. You do the math.
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      01-18-2010, 01:26 PM   #20
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Write it yourself lazy azz.

$750?? LOL! I am batting 5/5 with Ticketassassin. Cost? $25. You do the math.
Writing it is not the difficult part... finding valid arguments to contest a u-turn with no u-turn sign posted infraction is the challenge. Everything I'd read says that if you admit to making the turn, you admit guilt. $750 is expensive but it might be worth it if the infraction was speeding. These points affect insurance for 3 years ~36 months. If the insurance increase is more than 10$ per month, it is a better financial decision to spend 750$ to beat it.
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      01-18-2010, 03:17 PM   #21
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Writing it is not the difficult part... finding valid arguments to contest a u-turn with no u-turn sign posted infraction is the challenge. Everything I'd read says that if you admit to making the turn, you admit guilt. $750 is expensive but it might be worth it if the infraction was speeding. These points affect insurance for 3 years ~36 months. If the insurance increase is more than 10$ per month, it is a better financial decision to spend 750$ to beat it.
Makes sense. Maybe TickAss is better for your run-of-the-mill violations.
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      01-18-2010, 05:13 PM   #22
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Makes sense. Maybe TickAss is better for your run-of-the-mill violations.
That is what I am thinking as well. I'll definitely update with my results.
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