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Old Jul 20, 2006 | 04:17 PM
  #21  
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Originally Posted by Cali17
... MY fear is having to appear plead my case there, cause i know most likely they are not going to take my word over the cops.
Assuming that you are an honest person, it appears that your best hope is that the court doesn't take your word over the cops. What can you possibly say in your defense? That you were actually going 20 over what you were cited for? That you got off your other tickets so you should on this one too? That another car was going just as fast (it's called racing)?

If you still want to proceed, ask for a trial and subpeona the officers. You might get lucky and they won't show. If they do appear, talk to the prosecutor before the trial and see what you can negotiate. Then stop at a KIA dealer on your way home and park the 'Vette for a year or two.
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Old Jul 20, 2006 | 04:18 PM
  #22  
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Originally Posted by Cali17
so in other words.. i am f u k .... #$#$

what should i do . here .. i have won traffic tickets before, using the trail by written declaration. MY fear is having to appear plead my case there, cause i know most likely they are not going to take my word over the cops.

....
.........
Look up 22348(1) C.V.C. - it says, the "fine shall not be more the $500.00... and/or DL suspension for not more than 30 days..."

...the second offense is $750 ... thrid is $1000 ... on your forth you get a steak knife set

Either way, good luck.... Be calm, professional and try not to sound like your justifying your actions... the judge will appreciate honesty...

Hoping the officers won't show is not going to happen... if it's their day off, CHP gets 4 hours of OT... if they're working, they'll be there... they get a court order to show up... just like you.

Last edited by MyVetteDream; Jul 20, 2006 at 04:20 PM.
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Old Jul 20, 2006 | 04:33 PM
  #23  
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so in other words.. i am f u k .... #$#$

what should i do . here .. i have won traffic tickets before, using the trail by written declaration. MY fear is having to appear plead my case there, cause i know most likely they are not going to take my word over the cops.
You do the crime, you do the time. Accept the consequences of your actions.
If your driving record doesn't reflect similar/multiple past violations you might "get a deal". You can approach the prosecuting attorney before your court date and ask for consideration if your past driving record is relatively clean. Doing so reduces court costs and case loads.
Do not approach the officers to "help you out"...in many jurisdictions, that might be considered witness tampering.
A deal in your case might include (but not limited to) a fine, 2-3 points, mandatory traffic survival school, unsupervised probation, a restricted or suspended license and of coarse insurance increases.
If your driving record reflects a prior bad driving record, it might be a very high fine, additional points for the criminal offense, a revoked drivers license, jail, supervised probation, suspension of your vehicle registration and insurance increases.
If you have no defense for your actions, hire a lawyer...they love these cases. They pay for their Mercedes and swimming pools with the thousands of dollars they charge traffic case defendents. I'm not slamming attorneys, it's a fact. You will pay lots of money for professional representation with no guarantees. If a lawyer tells you he guarantees you'll walk with only a fine, get it in writing! He can appeal any decision by the court, but that costs more money.
I know how I'd defend myself, but I won't tell you w/o a $2500.00 non refundable retainer fee (I'm not a lawyer btw) and $350.00/hr court time, plus expenses for research, expert witnesses, etc
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Old Jul 20, 2006 | 04:38 PM
  #24  
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You're lucky you're in liberal minded CA instead of AZ. The penalities are much higher here. Here's the section provided by myvettedream...

22348. (a) Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.

(b) A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:

(1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

(2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

(c) A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.

Amended Sec. 1, Ch. 300, Stats. 2004. Effective January 1, 2005.

--------------------------------------------------------------------------------

Last edited by hotwheels57; Jul 20, 2006 at 04:45 PM.
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Old Jul 20, 2006 | 04:44 PM
  #25  
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What was the specific CA motor vehicle code you were cited for?
In many states, they have specific statutes for criminal speed violations in addition to regular "infractions".
In AZ for instance, it's anything over 85mph or in certain areas such as a school zone. Judges I know required the driver to be brought before them or incarcerated and the vehicles impounded.

Last edited by hotwheels57; Jul 20, 2006 at 04:47 PM.
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Old Jul 20, 2006 | 05:13 PM
  #26  
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Originally Posted by Cali17
what to do with a speeding ticket over 100MPH??

my notice said mandatory appearnce. But I would like to get a trail by written declaration. I have already requested this, but .. the notice I recieved did not list the bail amount which you must send in, in order to obtain the trail by written declaration forms.

Any thoughts from anyone !!

thanks !

It's a "mandatory appearance" in court, because any citation for speeds in excess of 85 mph in California is a mandatory license suspension. The judge is going to pull your license for about 6 months. The judge ids going to have you surrender your driver's license to the Bailiff in court. Bring a designated driver with you, as they may watch you leave the court parking lot in your car. I've seen it happen many times.
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Old Jul 20, 2006 | 05:26 PM
  #27  
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...now you spoiled the surprise...
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Old Jul 20, 2006 | 05:35 PM
  #28  
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Originally Posted by Yello95
Bend over,..... put your head between your legs........ and kiss yourazz goodby
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Old Jul 20, 2006 | 05:58 PM
  #29  
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You are pretty much nailed. In the Republik of Calif. anything over 100 MPH is a a felony traffic stop.

I was nailed for in excess of 100 because they could not get a clock on me. I pleaded guilty of speeding but said, "not over 100 MPH" and the Judge bought my story. Fined me $250 and hit me with two points that I could not remove with drivers school and a very stiff warning if I get nailed again I could loose my car and license.

Forget the fine it is your auto insurance that will bust you till you get the points removed. I figure the insurance increase cost me $3500 to $4000 over four years. This is the gift that keeps on giving.

They could have impounded your car and hauled your a$$ off to jail right then and there.

The fact that they did put 110 MPH on the ticket will be hard to beat.

I told the Judge that the officer pulled out behind me and had to accelerate to 100+ to catch up to me. The officer was there and knew I was well over 100, but did not say a word other than he could not confirm my actual speed based on the ticket.

I am not a lawyer, but a pretty good strategist and talker.

Plus I stayed in a Holiday in once.

You will have to show up and there is a better than good chance that one of the officers will be there.

Be humble and apologetic show remorse and if all else fails throw your self to the floor, cry real tears and beg for the mercy of the court!

Good luck!
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Old Jul 20, 2006 | 06:12 PM
  #30  
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Originally Posted by Cali17
what to do with a speeding ticket over 100MPH??

my notice said mandatory appearnce. But I would like to get a trail by written declaration. I have already requested this, but .. the notice I recieved did not list the bail amount which you must send in, in order to obtain the trail by written declaration forms.

Any thoughts from anyone !!

thanks !


get on the phone and give tony luna a call hes located in montebello the guy workes out crazy deals with judges been around for a while hes gotten me out of multiple tickets with no points...
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Old Jul 20, 2006 | 06:19 PM
  #31  
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Originally Posted by Cali17
what to do with a speeding ticket over 100MPH??

my notice said mandatory appearnce. But I would like to get a trail by written declaration. I have already requested this, but .. the notice I recieved did not list the bail amount which you must send in, in order to obtain the trail by written declaration forms.

Any thoughts from anyone !!

thanks !

Over 90 is "reckless driving" which is a misdameanor. which is 2 points on your record. So you cant goto school for this ticket, you will end up paying a lot of money probably around 2K. I noticed you live in Venice though. I live in Laguna Beach.

I use this lawyer very cheap has got many points off for me.

I have had 11 tickets, once being reckless driving and 2 being speed contest, and i have been through a lot of lawyers, and all i can say is this guy is the best and cheapest around.

Give him a call. Frederick W. Fascenelli 1(800)848-4131, 1(714)997-2125

My last 4 points i have went to him and he got them off for cheaper than what the ticket would have costed.

If i would have known about this guy earlier i wouldnt have lost my license for 6 months.

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Old Jul 20, 2006 | 06:20 PM
  #32  
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O yea and 3 points in CA means you lose your license. So that ticket plus one stupid speeder means the DMV takes your license. So be careful.
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Old Jul 20, 2006 | 06:41 PM
  #33  
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Someone please step in here and correct me if I'm wrong.

According to my interpretation of the Calif. Vehicle Code, speed traps are illegal. And VASCAR qualifies as a Speed Trap.

http://www.dmv.ca.gov/pubs/vctop/d17/vc40802.htm
40802. (a) A "speed trap" is either of the following:

(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.


I was told that the officer in the plane will state that they paced the vehicle, and used the markings on the highway to calculate the speed of the plane, thus skirting the legal definition of a speed trap.

Any airborne CHP officers out there?
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Old Jul 20, 2006 | 07:11 PM
  #34  
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Get a lawyer......ASAP!
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Old Jul 20, 2006 | 07:37 PM
  #35  
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the actual vechile code, i will post when i am done with work and get home. i have the ticket but i cant for the life of me read the cops hand writing.

Well thanks for all the advise fellas. But what i gather is i just turned 25, and my life is over ! .
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Old Jul 20, 2006 | 07:42 PM
  #36  
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Originally Posted by c5vette_dallas
get a lawyer!!!!!!
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Old Jul 20, 2006 | 08:16 PM
  #37  
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Can you see a plane in the air when they are "trapping" you?
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Old Jul 20, 2006 | 08:19 PM
  #38  
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Originally Posted by c5vette_dallas
get a lawyer!!!!!!
definitely-one that specializes in traffic cases
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Old Jul 20, 2006 | 08:30 PM
  #39  
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Originally Posted by MyVetteDream
Look up 22348(1) C.V.C. - it says, the "fine shall not be more the $500.00... and/or DL suspension for not more than 30 days..."

...the second offense is $750 ... thrid is $1000 ... on your forth you get a steak knife set

Either way, good luck.... Be calm, professional and try not to sound like your justifying your actions... the judge will appreciate honesty...

Hoping the officers won't show is not going to happen... if it's their day off, CHP gets 4 hours of OT... if they're working, they'll be there... they get a court order to show up... just like you.


Did they cite him for speeding or reckless. I cannot imagine getting taged at that speed and just citing him for speeding.
Sounds like he just might as well pay this thing and take his lumps. It's a chance we all take when doing this type of thing, so why do we think we should get away with it when caught. I feel for the guy and wish him the best on this. bottom line do the crime pay the fine.....
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Old Jul 20, 2006 | 08:50 PM
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someone tell me something good... even if you have to lie !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!
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