How to challenge CA ticket? (Full Version)

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How to challenge CA ticket?

  

Willem_Black -> How to challenge CA ticket? (9/2/2007 4:04:25 PM)

Ok, so here's the deal, on my way home today I see a CHP on the far right of the freeway.  I'm in the far left.  We are both going at the speed of traffic, which was about 75/80.  I'm keeping my eye on her, and she runs into a pack of semi's.  My lane keeps moving.  So I think nothing of her, and continue on my way doing approx 80.  My lane slows a bit and I switch the the next lane to pass them.  I glance at the speedo and I'm doing 85.  Speeding, but not much faster than traffic.  A couple minutes later I see flashing lights in the rearview and I'm like "Crap!".  I pull over and she asks me what I did wrong and I said I'm not sure, she said I was speeding.  She asks me how fast I thought I was going and I know that since you're never supposed to admit anything, I said I wasn't sure, I was just moving at the same speed as traffic. 

Now I'm expecting her to say some speed in the 80's and to my surprise I hear her say "I bumper checked you at 102 in a 65".  WTF!?!?!  She said it looked like I took off really fast and I explained to her that was because she had to brake when she ran into the trailers while I continued on unimpeded.  She called me a smart alec and went to her car.  She ran my info and everything came back clean of course.  But she still insists that I was doing 102.  She explained that bumper checking was pacing herself at my speed from further away and following at approx the same speed to cover the same distances as I did. 

Now my question is this:  How accurate is this?  Because I know I wasn't doing 100.  I'd giver her 85, even 90...but not 102.  Is there a way to dispute this?  I plan on taking this to court because I already have 2 points on my license and this reckless driving would cause me to get my license suspended.  Do I need a lawyer?  I know one would help, but I can't afford one to be honest with you.  I'm really just pissed that she inflated the mph like that....if she had said 85, even though traffic was moving at the same speed, I'd cop to it because after all....I was speeding.  But this is too much.

Oh, and I got a fix-a-ticket for my window tint, and a warning about my nitrous.  She saw my switch panel when she was talking to me and said if it was connected I was in big trouble.  But after she saw the bottle wasn't connected she calmed down a bit.

  
luckythirteen13 -> RE: How to challenge CA ticket? (9/2/2007 8:01:51 PM)

well you can take her to court and hope she doesnt show up.  if she doesnt, you win.

if she does show up, she has no physical proof that  you were speeding (i.e radar gun).  its your word against hers.  she said she was pacing you at 102mph.  your only defense would be that her car's speedo was not accurate.  when i worked with the long beach PD they had what looked like a dyno in the parking lot.  i asked what was going on because they were running patrol cars on it.  i was told that they were calibrating the speedo's in all the cars.  pacing a suspect to get their speed is only valid if the patrol car's speedo has been validated within the time limit.  i cant remember if it was every 3 or 6 months.  if the car's speedo has not been calibrated and documented in the alloted time, you can say that her speedo wasnt accurate.  

next point, i believe going over 100mph is a feleny in CA.  if so, you can say, if you were really going over 100mph why werent you arrested instead of just getting a regular speeding ticket

Xemeth -> RE: How to challenge CA ticket? (9/2/2007 8:21:14 PM)

Only problem with court is if she does show up it's her word against your's. And what judge is gonna believe a kid over a state trooper?

Willem_Black -> RE: How to challenge CA ticket? (9/2/2007 9:26:29 PM)

Yeah, that's the problem.  I remember reading that they choose particular dates for tickets because they set that day aside to show up to court.  And isn't my first date the day I'd enter a plea?  And if I ask for a trial then they'd reshcedule anyway?  I'm not counting on her not showing up.  I'm pretty sure she'll be there.  I just want to know if there is any good defense for that POS innacurate bumper check method.  If someone is a 1/4 mile behind you, then how the hell would they know exactly how fast you're going?  It just seems convenient that I'd get accused of 102 instead of 99 know what I mean?  My bosses were talking about this a couple months ago and I remember that one said she got pulled over for 101 and got a $600 ticket, while the other said he got pulled over for 95 and got a $400 ticket.  I think it is all about money.  I'm gonna call a couple lawyers, hopefully there is one with a payment plan or something, because I'm not gonna just sit back and get raped by the CHP's on this one.

stangant -> RE: How to challenge CA ticket? (9/2/2007 10:29:46 PM)

now i have tryed to get my car going 100 but usually will not go passed 90 because it starts to rev 2 high.  idk if urs is the same but u could use that defense and just hope they believe it.  i would also remove any mods on the motor and say its all stock but the exhaust.  thats what i would do.

Willem_Black -> RE: How to challenge CA ticket? (9/2/2007 10:32:54 PM)

Technically it is all stock except for the exhaust, and the k&n intake, which is all dirty and looks stock anyway.  I'm sure she made note of the nitrous in her report, but she would have also noted that it was disconnected too. 

luckythirteen13 -> RE: How to challenge CA ticket? (9/3/2007 3:00:28 AM)

traffic court is not the same. you dont enter a plea and then they hold a trial a different day.  it happens all at once.

Willem_Black -> RE: How to challenge CA ticket? (9/3/2007 9:40:39 AM)

Ok, well I guess I'll hope she doesn't show.  I left messages with 2 different lawyers, hopefully one returns my call soon.  I'll keep you guys posted.  Thanks for the suggestions and help.

nitrous_bob -> RE: How to challenge CA ticket? (9/3/2007 11:29:42 AM)

well first off, if you could afford an attorney you would probbaly get off completely, you need a lawyer who is in that particular court often, one who plays golf with the judges, after all......judges were lawyers b4 they were judges right ???

so, maybe even if you got a loan, you'd break even over the course of inflated insurance cost btu thats all up to you.

since she never radar'd you, it seems kinda weak to me, fight it for sure even if you go by yourself, it will get reduced to something lower just by fighting it

you were right that you should never admit anything , that was smart of you, as far as the nitrous goes, if you happen to get popped w/ a bottle in there, explain to them like this..........

i HAVE to have the bottle in the brackets to transport it to and from the [dragstrip, fill station, who you just bought it from etc whatever works] because it is a high pressure cylinder and DOT requires me to. ifi leave the line off of it, it will fall out and drag under my car so that to needs to be hooked up.  theres not much they can say..........thats the truth and never open your hatch voluntarily, make them get a warrant, they most likely won't since it sems kinda rediculous for that small of a matter , and they have to have "just cause" anyways, not just suspicious you have  abottle in there. especially if you did nothing wrong involved w/ the use of nitrous.

good luck i have to fight a reckless ticket in october myself


Willem_Black -> RE: How to challenge CA ticket? (9/3/2007 6:38:23 PM)

Yeah, I figure a lawyer would definitely improve my chances so it looks like that's the way I'm gonna go.  I emailed 2 so far, but I don't expect to hear from them until tomorrow at the earliest since today is a holiday.  The only problem is, everyone at work that I talked to said that a lawyer would run me about $1000.  I only have $200 in my emergency fund right now....so the only way I can afford a lawyer *sniffle sniffle* would be to sell my nitrous kit.  Kinda pisses me off because I never got to use it, and I just barely installed it.  But it's the only thing I have of any value that I can probably get some quick cash for.  Hopefully it won't come to that, but in all the scenarios I've run through my head that is the only way to afford a lawyer.

Oh, and the bottle was mounted and everything, the line just wasnt' hooked up.  No point in that anyway since I still haven't gotten around to looking for a place to fill it.  But the cop said that it was ok just like that and that transporting a filled bottle was ok too, just as long as it isn't connected to the line.

Cmpfreak88 -> RE: How to challenge CA ticket? (9/3/2007 8:49:50 PM)

Hey, I don't know where you're located at, but you might want to register at LAMC and check out their Rid'n Durty section, they usually talk about doing a written declaration because cops don't like that or something... check it out and try posting up in there and see what they say, they can help you out, one of the guys is a cop.

Willem_Black -> RE: How to challenge CA ticket? (9/3/2007 9:58:27 PM)

What's LAMC?

Cmpfreak88 -> RE: How to challenge CA ticket? (9/3/2007 11:13:35 PM)

Oh sorry, LA Mustang Club That's a direct link to that sub forum, check it out, they'll help you out better than we can probably.

Willem_Black -> RE: How to challenge CA ticket? (9/3/2007 11:35:25 PM)

Cool, thanks for the link.  I registered and now I'm just waiting to have my acct activated so I can post my problem.  I saw that 2 of the guys on that forum are cops so hopefully they'll have some good insight on what to do....

1badsob_00 -> RE: How to challenge CA ticket? (9/4/2007 1:46:45 PM)

Just show up to court on the court date. Wear shirt and tie w/ slacks. If you dont have anything nice go buy it. Prepare yourself with your defense, and pray that she doesn't show up. If she doenst show up it that does NOT mean that you are off the hook. You can still be found guilty. It's pretty much up to the judge, although most will dismiss the case. I've gone to court once for a ticket and the case was dismissed due to the officer not being present. While waiting for my case the was a man who took these steps and the judge took his word vs. the officers. If you look professional, proper, and are well manerd then judge tend to cut a little slack. Good luck man!

  

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