I was stopped on the 10 freeway close to the AZ border. I was actually driving ~120mph, but the cop wrote the ticket for 102 - my explanation is that he did not want to deal with actually arresting me on Christmas Eve (??). This is my first speeding ticket - what should I do next? Go to court, beg for being able to go to traffic school, or ....? Any insights are appreciated :-)
2006-12-29 16:14:38 · 16 answers · asked by try2bealive 2 in Politics & Government ➔ Law Enforcement & Police
myk833 has the right answer but the wrong statute. This offense is NOT reckless driving (VC 23103) it is the specific offense of driving at over 100 mph (VC 22348). Unfortunately, this charge is not subject to being dismissed with traffic school, and the fine is considerable.
There is a very VERY slight chance that the charge could be reduced to an ordinary speeding ticket to allow traffic school. You could find out which prosecutor's office handles these tickets, and talk to a deputy. With no prior citations it is a possibility, but a slim one.
The maximum fine is $500, but with penalty assessments that could be around $1,600. You could also have your license suspended for 30 days. This is an infraction, however, so you cannot go to jail.
doubt that you will be able to handle this by mail (due to the possible suspension), so you will have to show up in El Centro at least once (you can talk to the prosecutor then, if youi want). You could roll the dice and plead not guilty and see if the citing officer shows up (which will take another trip, and it is likely that he will be there). I don't know if they take this amiss in Imperial County. If he shows up, however, just change your plea to guilty.
2007-01-01 07:27:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1
2016-05-10 18:37:52 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Don't go to court without representation. Go to your Indigent Board. If you have to come up with $40 or $45 to get an attorney, get it pronto. An attorney can do wonders to mediate between you and the judge. He, or she, can work out traffic school, probation, defensive driving school, or whatever it takes to keep you out of jail and/or keep that fine down. You might even luck out and get the charge reduced to a non-moving violation, so it won't be as serious, and your insurance won't go up. DO take a lot of money with you to court ... if all else fails, and you end up paying a hefty fine, the judge might not be inclined to give you time to pay it. In that case, he more than likely will throw you in jail until you come up with the money.
Look really penitant. If the judge asks you why you were driving so fast, be prepared with your answer. Even if it was just being stupid, be honest and own up to the fact that it was a really bad lapse of judgment on your part. Be sure to dress presentably while you are in court ... it'll definitely increase your chances of gaining sympathy and respect from the judge.
God Bless you ...
2006-12-29 16:32:23 · answer #3 · answered by Jewels 7 · 0⤊ 0⤋
You're probably screwed, however, if your driving record is clean except for this major ordeal, you might, just maybe get a break. However, you were going way above the speed limit and it will be hard to explain how you were going over 100 in a 70 zone. Be prepared for hefty fines and an insurance hike like you won't believe!
2006-12-29 16:18:35 · answer #4 · answered by rockinout 4 · 0⤊ 0⤋
From a highway patrolman, my advise: Just man up and pay the ticket. I mean geez, the guy already cut you a huge brake by not locking your violating keester up on Christmas Eve! Do you REALLY expect him to downgrade the charges on the ticket when you have the gall to show in court with a 'not guilty' plea?
What do you think his reaction will be when you ask for yet ANOTHER break? This in light of the fact that you were doing 120 mph (NASCAR in training is not a valid excuse!)
2006-12-29 23:07:06 · answer #5 · answered by Tough Love 5 · 0⤊ 1⤋
I don't know CA law, but sounds like you got lucky. In Texas, that would not be speeding, but reckless driving. I wouldn't hurt to ask to be able to take defensive driving, but don't count on it.
Also, slow down a little. It's better to take a little longer getting somwhere rather than not making it there at all. If you need to drive that fast, there are places all over the country where you can learn/ pay to drive at a track to get that fix for speed.
2006-12-29 16:24:37 · answer #6 · answered by ? 5 · 0⤊ 0⤋
Speeds of 120 or 102 are excessive speed and a major violation, plead for mercy and get ready to pay through the nose for your auto insurance, especially if you are a male under 25.
Good luck
2006-12-29 19:58:11 · answer #7 · answered by Cat 3 · 0⤊ 0⤋
One of my best friends is a cop and he says that if you go to court to fight it you'll probably get off, since most cops don't want to show up to deal with a speeding ticket.
2006-12-29 16:32:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go to court the cop might not show up and it could be thrown out. Radar dectictors by law have to be calibrated every 6 months in most states. Even though she/he gave you a break.
2006-12-29 16:20:22 · answer #9 · answered by Ann 1 · 0⤊ 0⤋
CVC 22348...(edited)
Your looking at a possible 30 day suspension and a possible fine of 500.00 dollars.
Not a big deal... but slow down I am out there.
Those that say go to court... that could be a pain in the butt.
You will have to return to that area...
Although you may be required to appear.
2006-12-29 16:46:35 · answer #10 · answered by myk833 2 · 0⤊ 0⤋