You’ve nothing to lose. Just passing on my experience.

Back in late September 2008, I received a traffic ticket by a California Highway Patrolman for speeding, VC22349a, 75+ in a 65 zone on N/B US101 north of Santa Barbara, CA. I requested a Trial by Written Declaration and posted bail = to the $137.50 fine. Nothing to lose. Found guilty. Dang it!

My driving record has 0 points, and I wanted to keep it that way. So, what the heck, filed for a Trial De Novo. I planned on meeting with the DA to see if we could work something out. Well, I learned that on traffic infractions, it is only you and the officer before the judge. Dang it, again. Oh well, maybe the CHP will have more important business and not show up. Nothing to lose.

Show up for my trial last Wednesday, and guess who shows up. Yep, it’s him. Dang it, again III. Well. I go over to him, extend my hand, and introduce myself. We start an amicable conversion and I explain what my original plan of attack was with the DA, which was to seek a reduced charge of Coasting in Neutral, VC21710, which is a 0 point violation, and forfeit bail. He said that he wouldn’t have any objections to it. We talked shop for about 15-20 minutes.

Time to start the trial. The CHP officer addressed the Judge first, and asked him that, if it was alright with the Court, that he and I had talked earlier, and he would liked to amend the ticket to violation of VC21710. The Judge then asked me if I agreed to plead guilty to the reduced charge. Me: Yes sir, Your Honor. The Judge started writing something, then looked up at me and said; “I’m reducing the fine to $87.00, and the difference in your bail will be refunded in a couple of days” Thank you, Your Honor. End of trial.

Contest your ticket. Nothing to lose. 0 points, + $50.50 refund. CHP officer, and a Judge.

 

I'll file this away as it's only a matter of time, but it was 40 years ago that I got my only ticket. No I run with, ahead of traffic, Corvette is my 4th 2 seater and most cars have been sports cars. Just Lucky I guess. Hope this doesn't change my luck!

 

Where were you when I lost my license for the better part of 2 years...

Good job BTW.

 

You were in fact speeding, I would of just fessed up and paid the fine. That is just me. My time is worth more than the ticket.

 

Around here even if you win the trial you'll still pay court cost that is real close to the cost of the ticket.

 

Good for you. I enjoyed the process.

 

He had 0 points on his license which technically means he's a good driver and the fact he got a break should be a reward for doing so well for so long. Everyone slips up now and then...

 

0 points, well done

Chuck

 

Great thread. Glad to read this stuff. It never hurts to fight back, even if we're "guilty". I'm glad to pay the fine, just don't kill me with stupid points - which will surely lead to increased insurance premiums.............

-

 

good job

 

No points.......

 

In NY the DA meets with you before the court session and every time I have been in that situation I have been able to get the charges reduced. They have a favorite catch all charge called Failure to obey a traffic device with a point total of 2 points Vs the 5 or 6 you would get for a speeding charge. Although the plea bargain may reduce the points you get on your license it may not reduce the amount you pay. If fact it could increase the amount you pay. The judge has a large leeway in the fine he can assess for each charge so even though the charge may be reduced the judge can still increase the fine to more than what you would have paid for the original charge. That is the risk of protesting the ticket Vs just mailing in a guilty plea. Then on top of that they throw in a Court Cost that is higher than the highest fine they can assess. Even if your fine is 0 you still have to pay the court cost unless you are found innocent. One thing you need to do before going into the court is to check to see if the police officer is there to testify. If he isn't then you can say you are innocent and hopefully go to trial before he shows up. This happened to somebody I know and the DA held his case until the very last one hoping the officer showed up. The officer wasn't available and the judge dismissed the case.

Bill

 

Boy, glad I live in California.

California courts follow the Uniform Bail and Penalty Schedules. This insures fairness, statewide. Any court costs are part of the original fine, if I read it correctly. http://www.courtinfo.ca.gov/referenc...s/2003bail.pdf

Added Court costs, because you decide to go to trial, sounds very unfair to me. I thought it is your right to a trial. Are people who are convicted of crimes required to pay Court costs? How about the ones found innocent?

 

Well done.

 

That's what I like to hear. Again, well done.

 

What would be the best way of getting out of a 90 in a 75?

(btw the 75 zone was on the 10 in arizona)

 

Last fall I got a ticket for 82 mph in a 70 mph zone. I was in my Vette in the right lane being passed by other cars and the COP came after my Vette.

This was in Hardeevile, SC which is a major speed trap along about 20 miles of I-95.

I wrote a nice letter to the judge and explained the situation and made my two points:

- My Vette was singled out
- I was not the fastest car on the road at the time
- Yes, I had my speed control set at 80 and was not going to quibble about the 2 mph difference on the COP's radar.

I got a note back from the Clerk of the Court that the charge has been reduced to a no points violation but they were going to keep my fine money.

Lesson Learned - It is always wort a try!

 

Always contest it if you got the time to show up for court. Traffic Court in Escambia County, FL is held by hearing officers (Public Defenders) not judges. That means that the PDefender can't order the leo to "show cause" why he didn't show up for court. Lots of us don't go. Not worth my time as even if your found guilty they get no points and half fine. But its been close to five years since I wrote a speeding ticket, I speed myself too much. Don't want the bad karma.

 

I got tagged for 81mph in a 65mph in upstate New York 3+ hours from my house. I hired a lawyer and he got it reduced to 0 points parking on pavement with a $100.00 fine. Since I live in New Jersey It would have been very difficult to go to court myself. It was well worth the money I spent to keep my driving record clean.

Everyone makes the mistake of not fighting the first ticket you get. Once your driving record has points on it it is much more difficult to get a reduction on a ticket.

 

Was "awarded" a ticket on divided 4 lane hwy (Rt #8 N rural northern part) in CT this March 3 yrs ago, for doing 80 mph in a 65 zone, with a pack of others doing the same, or even more. "Well," the pious State Bull intoned, "at least you don't have a passenger." (Make of that observaton what you will.) He wrote me up for 74 to be able to evade the death grip of the insurance company. Foolishly I just paid the fine and forgot about it. However, the ticket caught up with me a year ago, when I switched insurance company.
My point is that one can consider points and court fines/costs ad nauseam.

Also consider the ongoing damage to your wallet, after the auto insurance companies discover even the slightest reason to make you their "bitch," with outlandish premium hikes. GRT