This is my first speeder so I was told by folks to fight it so it won't go against my driving record. I was clocked at 103. Maybe I was, maybe not. But anyway, I don't know the first thing about any of this. What do I say and do. Or should I just cop to it. I really don't want to if it's going to make my insurance go up. No time for silly answers. Please! And also I'm here in California. Oh yeah and someone told me to bring up the radar....what about it? Help me so I don't got to jail in the morning. (kidding).
2007-10-09 04:06:37 · 9 answers · asked by louloutee 3 in Politics & Government ➔ Law & Ethics
First, to get rid of all the errors of California law here:
1. You cannot go to jail for exceeding 100 mph.
2. Going over 80 mph is not reckless driving.
3. There is no such thing as "deferred adjudication" for traffic tickets.
4. Pleading no contest is meaningless (it would mean only that the conviction could not be used against you in a civil case).
A lot is going to depend upon what charge is filed. This could be filed as exceeding the maximum speed limit (VC 22349). It could be charged as exceeding 100 mph (VC 22348(b).) Both are infractions. However, for exceeding 100 mph you can expect a fine of around $760, it is 2 points on your record, and the hearing officer CAN suspend your licence for up to 30 days. For exceeding the maximum speed limit you can expect a fine of around $380, no license suspension, and one point on your record.
Even if you could convince somebody that the officer's radar was defective, it is highly unlikely that you could convince anyone that you were not speeding. I would not contest a speeding ticket. If you are charged with exceeding 100 mph, I would see who you can talk to at that court (in some places it is a prosecutor, in others it is actually the officer), and see if you can plead guilty to speeding (VC 22349), rather than exceeding 100 (VC 22348(b)).
IF the hearing officer will allow traffic school at that speed, take advantage of it. You have no defense to speeding at all.
2007-10-09 10:01:52 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Anything over 80 mph in CA is considered reckless driving. You're lucky they didn't arrest you on the spot. If it was radar you're not going to win by argueing the gun was off. That's a load and don't think the judge hasn't heard it a million times before. Your best bet is to plead NO CONTEST which is not admitting to guilt but allows the court to impose sentence. Ask for a driver education class. Since this is your first time, the judge will grant it gladly and what it does is keep the ticket invisible to the insurance companies if you complete the class. The ticket is still on record, but only law enforcement can look at it. Good luck and don't piss off the judge with silly arguements.
2007-10-09 11:19:20 · answer #2 · answered by Anonymous · 1⤊ 1⤋
First of all show up....If the issuing officer isn't there, you walk right away...
If the police officer was stationary when he clocked you
1. Check the calibration of the radar gun
2. Make sure that the time on the ticket printed out from the gun is the EXACT time of the time on your speeding ticket
3. Make sure that all the information on the speeding ticket is filled in correctly. I had an officer write my drivers license number incorrectly on a ticket and it made it null and void.
If the officer clocked you while driving....
1. same as above
2. Tire pressure of his cruiser must be checked because one of the factors that went into your speed was his.
If you have any other questions I saw a short movie on youtube about a lawyer who does nothing but get people out of speeding tickets.
2007-10-09 11:18:23 · answer #3 · answered by jcarlso 1 · 1⤊ 1⤋
Honestly, you sound pretty guilty. So here's what you can do to keep the ticket off your record.
1. Take Defensive Driving. It'll knock the ticket off your record, but you can only do this once every 3 years.
2. Deferred Ajudification. It's like probation for tickets. The trick is you can't get any more tickets for a certain amount of time, and if you do they'll both be on your record.
Good luck!
2007-10-09 11:17:48 · answer #4 · answered by Jennifer G 2 · 2⤊ 1⤋
I was going to suggest that you ask the judge if your state offers amnesty for a first offense. Mine does. But then I read your question. 103 miles per hour? Your goose is cooked. No judge is going to let you get away with that. You need to pay the ticket and thank your lucky stars that you aren't put in jail for reckless endangerment.
2007-10-09 11:15:15 · answer #5 · answered by Crystal Blue Persuasion 5 · 1⤊ 0⤋
You don't have much to "fight" with. You are probably better off pleading guilty and taking your punishment, which will likely be a hefty fine. Radar guns have been challenged before, sometimes successfully and sometimes not. They are generally considered to be pretty accurate. If you were the only driver and vehicle on the road, in that particular spot at the time, you are pretty much cooked.
2007-10-09 11:14:38 · answer #6 · answered by fangtaiyang 7 · 0⤊ 1⤋
Try to plea to a lessor speed,
or you can try to see if the Radar Gun was recently calibrated.
AND for 103 they can put you in jail.
That's all the help I'll give you were just going to fast.
2007-10-09 11:11:39 · answer #7 · answered by Anonymous · 1⤊ 1⤋
I think it will be hard to argue that the radar was off by that much. It seems like you know you were speeding, pay the fine.
2007-10-09 11:11:29 · answer #8 · answered by buffytou 6 · 0⤊ 0⤋
103? I hope you are talking kilometers/hour.
Just hope the cop doesn't show up. If they do, plead "no contest" and pay the fine. Too late to get a lawyer.
2007-10-09 11:12:52 · answer #9 · answered by Chef 6 · 1⤊ 1⤋