Help! 1st Speeding Ticket!!!

[zhuzhu]

Dear All,
I got a speeding ticket in San Diego, and it was EXPENSIVE!!!! It is my very first speeding ticket and it was because I was not familiar with the area speed limit. Is there anything I can to, strategy or action plan, to reduce my fine (significantly) or have the court waive it? PLEASE HELP!!!

 

[FrekeChild]

Here in NM if you haven't had a ticket in a certain # of years you don't even have to go to court. You can just go to the courthouse, pay some money and get out of it by going to drivers improvement school. That also goes for your first ticket. Also, if you go to court and tell them that you're new to the state, that and the fact that it's your first MAY have them dismiss the case. Or the cop may not show up to court, which means it would be dismissed immediately.

But I don't know anything about Cali laws. Maybe SDL could chime in?

How much $$$ was it? What was the speed limit and how much were you over?

ETA: I've been pulled over for speeding 7 times, so if you get pulled over in NM, you know who to *call*.

 

[AmberGretchen]

I''d strongly encourage you to challenge it, especially if you feel it was unfair in some way. A friend of mine found this website to be a good resource for California - I hope its helpful for you.

 

[VegasAngel]

Try calling the court to see if they are willing to reduce it if you pay up front.

I''m still waiting to see if I have any tickets from my trip to Scottsdale. It would be such a bummer if I got a ticket from a traffic camera but I think they are great & wish we had them in Las Vegas.

 

[Kaleigh]

Date: 6/23/2008 10:45:25 PM
Author:zhuzhu
Dear All,
I got a speeding ticket in San Diego, and it was EXPENSIVE!!!! It is my very first speeding ticket and it was because I was not familiar with the area speed limit. Is there anything I can to, strategy or action plan, to reduce my fine (significantly) or have the court waive it? PLEASE HELP!!!

Ok here is what I would do. Pay the fine, show up in court and plead your case. I have done that, had the fine reduced, or even had the charge dismiissed. Where I live, if you show up and the cop doesn''t you win automatically. Not sure about CA law..

 

[miraclesrule]

I have won two speeding tickets and it is relatively easy to do in San Diego, unless you were exceeding the maximum speed limit, then it's pretty much impossible.

If you were on a regular street then you have a chance. Even more so if they got you with a radar gun. Most people make the mistake of challenging the efficacy of the radar gun and that is just plain stupid. But because most people do try that as their only challenge, it has become a custom of police officers to offer documentary evidence to the court regarding radar guns instead of showing up in person to testify. That is how I won. Well, that and I really wasn't endangering anyone's life or property and that my friend is the the key to having your case dismissed. If you can prove that although you may have exceeded the posted speed limit, you were never driving in an unsafe manner, than you will probably get it dismissed.

If you can show that you were on a street where each intersection was controlled by a traffic signal or a stop sign, that there was no pedestrian traffic or school kids, that there was not a lot of vehicular traffic and that even though you were exceeding the posted speed limit, at no time was any person or property in danger, than you have a 99.9% chance of having your ticket dismissed. And let me tell you something...it feels real good too. It all comes down to safety.

I have had two speeding tickets dismissed and testified in one of my friends trials where I was a passenger and all three cases were dismissed. I rather enjoy doing this...so go ahead, give us the specifics.

If you can fight it, it is worth it, because your insurance premiums will increase as a result of a conviction, so carefully consider just paying the full fine or even a reduced fine.

 

[nclrgirl]

zhuzhu, I''m so sorry to hear about your ticket! I''m from the east coast, but I''ve found (not that I have a ton of speeding tickets, just from my experience and those of people that I know!)that sometimes the police officer doesn''t show up for court if you "fight" the ticket, and around here that''ll get you off the hook. If the officer does show up (which they do most of the time), most people have said that at least they won''t put as many points on your license. Wish I could help more than just pass along heresay. Good luck! Hugs!

 

[zhuzhu]

First THANK YOU ALL for the warm support!

I was going 62 mph (a 1.5 mile nice downhill road) in 45 zone on Sorrento Valley Blvd at 10:30 AM. It is this wonderful long street right next to the canyon, houses on the road are all gated in by long walls, so it is not at all predestrian zone from the outside. I just moved to this area, and all I see is cars going over 55mph every day, and no pedestrians crossing ever! I was told by the cops that there are several speeding signs on the street - but in all honesty NOBODY follows it in such a high-way like road on the daily basis (except for those of us who got ticketed). Sadly they did catch me on their radar gun.

Mimi I will give you a call tomorrow as it is prob too late to call tonight!

 

[zhuzhu]

Oh, and it was $290 ticket, plus the fee of traffic school I may end up paying close to $340 just for the stupidity of following every other cars in the area.

 

[miraclesrule]

Date: 6/24/2008 1:12:57 AM
Author: SanDiegoLady

Date: 6/23/2008 10:45:25 PM
Author:zhuzhu
Dear All,
I got a speeding ticket in San Diego, and it was EXPENSIVE!!!! It is my very first speeding ticket and it was because I was not familiar with the area speed limit. Is there anything I can to, strategy or action plan, to reduce my fine (significantly) or have the court waive it? PLEASE HELP!!!

Zhu, call me.. I'll tell you what hubby told me to tell you. Sorry, but there's no easy answer.

Miracles, don't discount what the SDPD do for a living. If you don't want a ticket, don't speed. If you do, you take a chance of being ticketed. Myself included. I've never had a ticket but have I sped? Yes. Have I deserved a ticket? Yes, plenty of times. I'm not such a hypocrite that I don't admit I have done it as well.

As a footnote, if an SDPD officer does not show up for court, an SDPD warrant will be issued unless they have a dang good reason not to appear. Since my hubby has been on the SDPD for oh, 23 years and been through the academy, I think he may know a few things about the law.

Zhu, hubby says if you go to traffic school it stays off your driving record.

SDL, I never meant to discount what the SDPD do for a living, nor did I ever mean to imply that your husband wasn't knowledgable about the law or is good at his job. I would never make baseless allegations or assertions in that regard. I am feeling a bit unsettled that you may have interpreted my attempts at assistance as a personal attack on your husbands professional integrity.

Having said that, people do have a right to contest their ticket and they do exercise that right. And in many cases they prevail. They do so for a variety of reasons and not all of them are bad. There are some situations where the "spirit of the law" trumps the "letter of the law". There is also a reason that there is a legal differentiation between a posted speed limit and a maximum speed limit. When I fought my last ticket, my co-worker/partner in the fraud unit was a retired SDPD officer and he was convinced I wasn't going to win. I did. I am not bragging about it or saying it to insult the integrity of the entire SDPD or their officers.

I am simply stating the facts as I know them, have applied them, and sharing what my experiences and outcome were. I was responding to Zhu's situation and request for advice. The law is there to protect life and property and not every traffic ticket means that a person was showing a wanton disregard for the safety of others.

That said, it appears that Zhu was exceeding the maximum speed limit, assuming that it is still 55 mph. It's been awhile since I had to consult the Vehicle Code. If the maximum speed limit has been raised to 65 mph, then she still may have a chance to beat the ticket. In my personal experience, the testifying officer usually can't prove with certainly that the mere fact of exceeding a posted speed limit placed the general public at risk, unless she was driving erratically.

It is true that if it is your first offense and you opt for traffic school, you will avoid having the conviction affect your insurance premiums.

 

[miraclesrule]

zhu- if you wish for me to discontinue any advice please let me know. I totally respect that.

If you want to learn more information, or wish some advice from me, I would need to know the exact VC violation that is on the ticket. There will be a number and a written explanation.

There are some fairly specific legislative definations of what type of roadway that falls into the 65 mph maximum speed limit. I do not know if it applies in your case. I think I know what stretch of roadway that you were traveling on. If I am not mistaken, it is two lanes in each direction. If there is only one lane in each direction, then you may have more difficultly fighting the ticket.

For instance, here is the vehicle code that may relate to the maximum speed limit for the street you were traveling on...

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.

Section 22356 as described in paragraph (a) would not apply to you because it has to do with the increase of the 65 maximum speed limit that can increase to 70 mph in posted areas of a freeway. So, I suspect that your ticket will be a violation of the above section 22349. You were traveling at 62 mph which is less than the maximum, but depending on the signage of that roadway and the specific spot of the roadway/highway, you may or may not be able to successfully challenge the ticket. I would need more information. It would be especially interesting if the VC violation were a different section.

 

[miraclesrule]

This is the prevailing section that a person can rely on to fight and prevail on speeding tickets.

It is referred to as the Basic Speed Law.

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

 

[VegasAngel]

Date: 6/24/2008 1:12:57 AM
Author: SanDiegoLady

Date: 6/23/2008 10:45:25 PM
Author:zhuzhu
Dear All,
I got a speeding ticket in San Diego, and it was EXPENSIVE!!!! It is my very first speeding ticket and it was because I was not familiar with the area speed limit. Is there anything I can to, strategy or action plan, to reduce my fine (significantly) or have the court waive it? PLEASE HELP!!!

If you don''t want a ticket, don''t speed. If you do, you take a chance of being ticketed. Myself included. I''ve never had a ticket but have I sped? Yes. Have I deserved a ticket? Yes, plenty of times. I''m not such a hypocrite that I don''t admit I have done it as well.

As a footnote, if an SDPD officer does not show up for court, an SDPD warrant will be issued unless they have a dang good reason not to appear. Since my hubby has been on the SDPD for oh, 23 years and been through the academy, I think he may know a few things about the law.

Zhu, hubby says if you go to traffic school it stays off your driving record.

That is how I feel about it. If I was following the rules I wouldnt have gotten my tickets. I do get mad when I get them though nobody enjoys getting tickets. usually I sit & complain, try to think of ways to get out if it then call & just pay it over the phone, lol. I dont want to go to court to dispute it.

Miraclesrule is right too though, we do have the option to contest tickets.

 

[purrfectpear]

Pay the ticket already. You were speeding. Then do online traffic school for $39 and call it a day. Much less hassle, and it will remind you to slow down

Your insurance will not know you had a ticket as it will not show up on your record once you''ve completed traffic school.

By the time you show up for court, etc. you''ve already spent the $300 (unless you work really cheap)

 

[TravelingGal]

Date: 6/24/2008 2:57:24 PM
Author: purrfectpear
Pay the ticket already. You were speeding. Then do online traffic school for $39 and call it a day. Much less hassle, and it will remind you to slow down

Your insurance will not know you had a ticket as it will not show up on your record once you''ve completed traffic school.

By the time you show up for court, etc. you''ve already spent the $300 (unless you work really cheap)

I kinda agree. But my bro is a cop and I guess I''m kind of biased about these things.

 

[rockzilla]

I know several people who have successfully fought a traffic ticket using trial by written declaration:

http://www.ticketassassin.com/

Is the site they have recommended.

I haven't gotten any tickets yet (*crosses fingers*) but I do my best to never go more than 5mph over the speed limit (yes, even on the freeway) because I am very vigilant about safety.

What I WISH the police would ticket more for are red light/crosswalk violations. I can't tell you how many times I've been almost mowed over while LEGALLY crossing the street or at a crosswalk where there is no light. It is so frustrating to see people just not paying attention - sometimes I see how guilty their faces look as I scream at them when they pass by! but most of the time they don't even notice...when you're a pedestrian you don't have a horn to honk...

PS The idea behind the written declaration is that you do not have to appear in court, but it is the same premise as pleading not guilty. The difference is, while an officer is paid (often overtime) to attend court, they do not get any extra pay to fill out the written declaration forms. So, if they don't fill out the forms or fill them out late, your charges are dismissed.

And in all cases, YES, SLOW DOWN. There is no reason to be going that fast on surface streets, even if everyone else does it. What if someone was trying to cross that street?

 

[spike13]

If you do pay the fine, select the online driving school option. It''s a little more expensive but it keeps it off your driving record and won''t impact your insurance premium.

good luck!