ok, so i was driving on the freeway, and this cop on a motorcycle was swerving all over... i guess to slow down traffic, i dont have a clue why he did it... i was in a rush to get to my work place... he kept going for about 7 to 8 minutes.... he finally got off the freeway, i gunned my car, and got it up to 95 miles an hour, next thing i see is the same cop on my rear view mirror with his lights on, he asked for my license and registration, he went back to the motorcycle and came back with a ticket... and he wrote over 100 miles... speed 110...
i was like whatever... a ticket is a ticket and i deserve it.... but i found out that if you go over 100 mph is a 2 point offense and you get your license suspended..... my question is, what can i do to prove that i was going below 100 mph, and not get my license suspended.... i need my license to get to work and to college....
2007-11-22 05:41:34 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
i live in california btw
2007-11-22 05:45:43 · update #1
If you need your license that bad, you shouldn't be doing things that would cause it to be suspended. You can't prove that you were going less than 100 mph, but you have proven that you were speeding. You may want to see if you're eligible for a hardship license.
2007-11-22 07:22:44 · answer #1 · answered by CGIV76 7 · 3⤊ 0⤋
Ouch........ being honest and not mean you are REALLY in hot water bigtime.
The officer and judge are not going to be kindly in court. The officer was slowing down traffic and you gunned it. In itself a safety hazard and will show irresponsibility especially if you say you did it because you were late. So even at 95 who's to say that in 2 more minutes you would not reach 100?
It's not like you were clocked at say 102 in which case you could introduce some doubt. But if the ticket says 110 so you have zero wiggle room. If you tell the judge you were going 95 he will ask "so you gunned a vehicle to 25 over but were watching the speedometer"?
As it stands now you will get convicted with suspension and the fines, reinstaement fees, driving school and all of that. Jail time is not less than 5 days but up to 90.
You need a lawyer and there is no way around it. If you or your parents balk at the cost consider how much insurance will cost for years if convicted. There are many other repercussions. One is in regard to future employment after school (can't remember if it becomes a misdemeanor in CA) but even if not it can cause issues. Student loans and grants can become an issue. Plus the whole not getting to work and school thing.
A lawyer might be able to reduce the charge or even get it thrown out. How did he clock you if he got on and off the freeway so fast?
2007-11-23 04:42:39 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
Yeah as others have said, good luck with this one. In court you are going to admit to going "only 95 MPH" while also admitting you know that if you are going over 100 MPH it's a more serious offense?
The Officer was running a traffic break because there was some type of road hazard ahead. This allows the hazard to be cleared by road workers or other Officers. Your "gunning" it to 95 MPH under these conditions shows a lack or responsibility or concern for safety. These are the issues you will face when going in front of a traffic judge. Not going to be fun.
2007-11-22 07:51:11 · answer #3 · answered by SWATorNOT 3 · 1⤊ 0⤋
I got something similar in CA for no insurance. They suspended me for a year, which was excessive imho, but here's what the loophole for me was: They didn't verify ANYTHING. I was told I could only commute to work and back. They didn't verify what, where, or when that commute was though.
I had school too, and the judge literally said "Tough". According to the law I couldn't even go to the school to drop out, I just had to take Fs and screw up my GPA.
Well, I didn't allow that. Since they didn't verify anything about my job, I just went to school anyways (from work) and drove home from there. (or anywhere else too, as long as I was near home they couldn't say I wasn't commuting)
I just drove that whole year really carefully and never gave them a reason to pull me over. And I always drove when it was a reasonable time to be "commuting" just in case I did get pulled over. Even kept some "work clothes" in my back seat so I could say I'd changed before I left (prove I didn't).
Maybe it was just me and some luck fell my way but my question to you is: Did they verify your commute and workplace? If not, that's your golden ticket (use it wisely).
2007-11-28 06:09:35 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Were you looking at your speed the whole time?
You might of thought you only got up to 95 mph but in fact you might have reached speeds of over 100. Yout an idiot for going that fast anyways, they have speed limits for safety reasons. Maybe you will learn from this mistake in the future.
2007-11-22 06:37:35 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Don't run the red light and you won't get a ticket. Oh wait, you said a plausible defense didn't you? Can't think of one except stop doing it before you kill yourself and some innocent person. I know you have heard " a picture is worth a thousand words" there you go.
2016-05-25 00:49:52 · answer #6 · answered by darlene 3 · 0⤊ 0⤋
Sounds like u are guilty (sorry, just my opinion). I would go to court and be very polite and try to get the fine (points) reduced or maybe even get the whole thing deferred if you are a good enough talker. I have done this several times but never for that big of an offense. Good luck.
2007-11-22 05:47:01 · answer #7 · answered by J B 1 · 1⤊ 0⤋
The policeman has technology on his side. All you have is your claim that you were only going 95--a sure sign of stupidity if I ever saw one. Based on what you state, in court, you are toast.
I recommend you consult an attorney who specializes in traffic offenses. He or she may be able to negotiate the speed down to 99.
2007-11-22 05:48:33 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Get a lawyer and fight it. Was it radar, vascar or visual clocking.
That's the only way you can fight it otherwise it's you're word against his and you know who always wins in that situation.
Lawyer should be able to get it reduced or call for a postponement that maybe throws the cop off and he doesn't appear in court and the case gets tossed.
2007-11-22 05:47:15 · answer #9 · answered by Bill 7 · 0⤊ 0⤋