Speeding ticket for 101 mph, bail set at 750, court 250 miles from home, court tomorrow, should I go 2 fight?

Question

Okay, so I got a ticket at 4:00 am in fresno on the highway, the cop said I was going 101 mph, I have no tickets on record. So it turned out that I got a notice in the mail to show up in court by October 1, tomorrow happens to be the only day I can go there. Then, a month later I got a bail amount sent in the mail for 750 dollars. Its just a regular speeding ticket too. I'm 22 years old. No record. Do I have to go to court if I pay the 750? If not, should I go to fight it tomorrow, even though it is such a long drive, 250 miles to be exact, and I have work tomorrow night and I have to leave at like 3 am to get there by 8am.

Answer 1

Well I would not go as far to say that you should do 101 MPH to fight it, but otherwise absolutely yes you should go.

This is not "just a regular speeding ticket". You were cited for an alleged violation of Vehicle Code section 22348 subdivision (b), and not section 22349, subdivision (a). If you pay the $750, you will get 2 points on your driver's license, you will not be allowed to take traffic school to remove those points, and you may be suspended up to 30 days. If you're found guilty then the same will happen, so it can be argued that you really risk very little by pleading not guilty.

If I were you, I would contact the CHP Officer after he receives his subpoena. Regardless, if he used pace by speedometer or clocked you by radar, any device will only be so accurate to a certain degree and have at least a 1% chance of error. Tell him that 1% off 101 MPH is 99.99%, and by law he must prove beyond a reasonable doubt that you exceeded 100 MPH. I would give him the chance to amend the citation to the other speeding violation, take traffic school, erase the point, and save over $500. But if he says no, then tell the same thing to the Traffic Commissioner, and she will dismiss the entire thing down to zero!

Additional Details:
I am afraid I got carried away and never answered your question, and now it is too late. Please follow up with your current status and I will try to walk you through this the best I can. Post the $750 bail, if it is due today and you're just now putting it in the mail then let them know, call the clerk and get an extension over the phone. Request a trial by mail. I would hardly challenge the Officer's accuracy of identifying your vehicle as the one which was allegedly going close to 35 MPH over the speed limit. However, I would challenge the accuracy of the speed. If the Officer testifies that he is 99% certain of your speed then you cannot be guilty of CVC 22348(b). Someone else said that typically an Officer will not ticket you for going a couple miles over a violation of CVC 22349(a). That is because it is easier to prove that way, while 66 in a 65 is definitely illegal, it is just to hard to prove. On the other hand 70 or even 100 in a 65 is more than likely going to shift the burden to the defense. Likewise, a CVC 22348(b) violation should be reserved for ones going a few miles over and those within just a couple miles deviation it is just too close to call, so the CVC 22349(a) should then be issued with certainty.

If I am not mistaken, your bail notice indicates a mandatory appearance, am I right? This does not mean you cannot do trial by mail, however you're going to have to post bail in person. The Traffic Commissioner wants to advise you that you will be fined $750, you will receive two points against your license, you cannot take traffic school, and your license will be suspended for 30 days. And therefore, you cannot simply just mail in the payment. Hopefully as I am editing this you have already arrived or will be in the next 15 minutes. As some have said the Traffic Commissioner may take judicial notice of the accuracy of the equipment used and on her own motion may dismiss the case, as the evidence on its face would indicate that it is more likely than not that you are not guilty as charged. Post an update as soon as you make it home. Please note that $500 is the base fine only and additional penalty assessments may exceed this amount. Each county is a little bit different so it may be slightly less than $750, but I can almost certainly guarantee that it will be over $700 no matter where you go in this state.

*/End of Line.

Answer 2

This is general information only. The mph over the speed limit also matters. 1) If you plead not guilty, the officer will have to show evidence as to why he gave you the ticket to support the charge against you. 2) If you are found guilty, the court may require immediate payment or give you an alternative. 3) If found guilty, some jurisdictions allow you to take this course and not get the points on your license. There is an extra fee. If not offered, you should ask the judge nicely. 4) T-shirt and jeans is probably a bad idea. Don't dress up, but dress nicely. 5) You should have inquired about all of this much sooner. Just relax and tell the truth. Lying won't change the outcome, but could make it worse. Remember that the burden is on the government to find you guilty, but if the officer is there and has the necessary evidence, you'll be found guilty. You have a chance if he doesn't show up. I wish you well in your first encounter and if you were speeding, hope that you now realize that it can have consequences. Hope this helped you some.

Answer 3

You should be able to make it in under 2 hours 50 minutes. So you shouldn't have to leave until 5AM, but you might want to allow some time for parking.

Seriously, I always thought going over 99 MPH was considered felony reckless driving and that bail was something you paid as a promise that you will show up in court rather they sitting in jail until your hearing. Maybe I'm wrong, but you may be in more serious trouble than you think. I think it's more than just like going 15 MPH over the limit. You may want to ask an attorney.

Answer 4

101 mph through Fresno is not a regular speeding ticket since it's like 65 through town, and CHP has nothing better to do than ruin your day. It was really pretty dumb of you to go that fast. I'd just see if you can pay the fine and wait it out. Take it like a man; you screwed up. You're lucky you didn't get shot at in Fresno.

Answer 5

what reason do you have to fight it ? The cop may have a radar gun reading and photo. If you are guilty of speeding then pay the ticket. It does though sound like maybe they didnt give you an option to pay a ticket. Check with the court by phone and see if you can just pay the fine . It may be worth talking to a lawyer first .

Answer 6

Yeah, go and fight it. If you do 101 mph, you should be there in no time.

If you are going to spend money on this, you may as well get an attorney to fight it for you. In the long run, it would be cheaper. Who cares if you didn't previously have a record? You will now.

Answer 7

Radar? How you going to fight that Chad?
Go to court and pay the fine, probably a lot less than the bail.
On your way down, go easy on the gas, they'd love to catch you again.

Answer 8

You should have paid the fine by now if you were going to pay. If you don't show a warrant will be issued for your arrest. I'd get to bed early tonight, you have get up by like 2am if you want breakfast & shower.

Oh, wait, you have until the 1st to pay? Just pay it, and stop endangering the rest of us.

Answer 9

go there, plead guilty. they'll be lenient on a first time offender.
They don't want to have a court case and they'll lower your fine to $250-$500.
If you don't go you'll have a criminal record.
Look at Micheal Vick. he plead guilty.
If the cop doesn't show you can fight the case and win because the cop is not there.

Answer 10

if you fight it and lose, your going to pay the ticket price and the court cost(about what the ticket is).....if you go they will drop the citation down one notch if you don't contest the charge.....

the chp won't go after you doing 70 in a 65 zone, they are waiting for people like you......