Speeding Ticket 22348b [Archive]

pyrobecks

12-02-2007, 06:26 PM

Okay before everyone starts ranting with 'what were you thinking', 'you deserve it' or what not.... I wasn't going as fast as my ticket says... I already feel like shit.... and I drive like grandma now because I'm paranoid... so what do I do? A 22348b is the "speed in excess of 100mph" and caries pretty hefty penalties for first offense of $500 max fine, up to 30 days suspended license, 2 points, and no traffic school option.

Now the story:

I was heading North on I-605 at between 90-95mph. After passing under the 91 interchange I noticed a vehicle in the number 3 lane approaching from approximately 1/2 mile to 3/4 mile back. I immediately checked my speed and realized I was over the limit, I down shifted and dropped to 70mph. At this point the CHP officer fell in behind me. For the next few miles the officer continued to follow me while I was driving between 65 and 70mph. After the I-5 interchange the officer proceeded to pull me over... when he approached my vehicle he asked me how fast I was going and I gave a conservative "probably 85" and he said try 104. At this time I was a little stunned because I knew that I had not passed 95 mph at any point.

I disagreed with the officer and said that wasn’t possible. At that time he returned to his patrol car and wrote the citation at 104 mph.

So I have to fight this one, he didn't use laser or radar... so I'm assuming it is either VASCAR which isn't very accurate or he just paced me. But given how far back he was when I first noticed him coming up behind me, and that I was going the speed limit for a good 30-45 seconds while he continued to close in, I'm not sure what basis he could have possibly come up with 104mph.

Anyway anyone have any recommendations (besides "don't drive so fast")... or any attorneys they know...

TIA

Got_Boost?

12-02-2007, 06:30 PM

i got 200 dollar ticket for 63 in 55 in ny fuckin pigs

eddier

12-02-2007, 06:31 PM

i got a 109$ ticket for doing 42 in a 35. what an asshole.

kdawgg

12-02-2007, 06:41 PM

that sucks...you should def fight it. 2 years ago i got a ~$320 ticket for going 81 in a 70!!! arggghh

07-Aythree

12-02-2007, 07:55 PM

its not as bad as a few ive had...get a lawyer they will reduce it for sure.

Calabria

12-02-2007, 08:42 PM

if you can prove/argue to the court that he didn't show you anything of a "104mph" reading either from his laser or detector, it can easily be fought for your behalf.

RAUDIS6

12-02-2007, 08:52 PM

Well, I am in So Cal, and got one years ago, coming back from Vegas, basicly you are screwed, as most judges are going to ask, how fast you were going and, you say 85ish, well that is still speeding, and you are then dead meat. In theri eyes a CHP officer is not going to write a 100+ ticket for no reason, he would have to be pretty damn sure that it was 100+, since that carries the extra point on your record. At any rate, try a lawyer,a nd get it reduced, you are still going to end up paying the same or more after legal fees, but you really do not want that 2 pointer on your record. TRUST me!!! Mine was for 127 on the 15 South by Baker at 3:00AM, and no cars, the Chippy told me that he could haul my ass to jail if he wanted to, but since there was no one else on the road, and that if I wanted to kill myself driving like that, he just wrote me up. That 2 pointer killed my insurance for 3 years, in the end that ticket cost me about $4800 with increased insurance premiums. The ticket alone was $448 for speeding, and an additional $955 for the amount over 100MPH, not sure where the numbers came from, but it sucked.

Good Luck!!!

07-Aythree

12-02-2007, 09:39 PM

wow you guys got lucky. i got a reckless driving ticket (although it was only speeding but we wont get into that. Ticket was 1600+ plus the lawyer fees. overall 2500+ not including insurance premiums. thats what happens when you want to pass another car i guess. they threatened w/ 30 days in jail etc etc...good lawyer brought it down to probation for 2 years. i think i can live w/ that. gave me a good reality check and dont like speeding anymore.... good luck hombre get a damned good lawyer

penskeaudi

12-02-2007, 09:39 PM

ticketassasin.com

michgo

12-02-2007, 11:15 PM

God damn some of you guys ridiculously drive fast in bad places (those who have been caught and realize their mistakes....)

As for you pyro... this one is going to hurt. CHP usually bring the ticket speed down, guess your one of the unlucky ones. :(
Calabria is completely correct though. If the officer didnt not show you ANY form of laser/radar detection than you stand a fighting chance. Depending on your court date you can do one of 2 things that have worked for me in the past.

1. Its holiday season, and no officer wants to come to the courts during that time. Fight the ticket arguing that no form of speed detection was used. When the judge starts to ask you about your speed... well lets hope your a good sweet-talker there.

2. Take it like a man....

Landspd

12-02-2007, 11:38 PM

In california, the cops don't have to show you your speed on a gun or whatever. Got a ticket for 60 in 40, asked to see the gun or printout, wouldn't show it to me, they don't have too. I tried to fight it, but lost. He had his case ready though, he brought all the certificates and calibrations for the gun, certificates for his ability to estimate speed. In the end, I was speeding in the courts eyes.
Just try and fight it, if you see that the cop shows up for the final court date, just change your plea before the case comes up and hope you can get traffic school.
I had a ticket for 106 on the 10fwy to AZ at midnight, it was just under 3 bills.

CaRJoE0220

12-02-2007, 11:51 PM

You guys are lucky. Here in MN you automatically lose your license now for 100+ what fun is that

here is my question: are laser/radar detectors legal in where u are? If they are say that you werent going that fast and neither one of your detectors ever had any blip of notification. if they are illegal, hell try it anyway. I would just try damn hard to get it under 100

Plus the judge should realize. If you get raped for 100+, why go 104 thats just dumb. you would cruise at 99 if u needed to go fat. or 125+ if you knew you were breaking 100 haha

acidrome

12-03-2007, 12:10 AM

okay first off FIGHT IT, trust on that i just had court 2 weeks ago for a Misd. and all the people in court goin over 100 got a fine of $430 just tolet u know first off, second for most of the cases the judge honestly told them that they should fight it, that they probably would have better chances ( even tho i heard that the CHP gets paid to go to court) Now my best friend has recieved in the past 4 years 7 speeding tickets fought them all and got away with it soo FIGHT ON, (no lawyer is needed unless u want to spend even more)

Quattro

12-03-2007, 12:30 AM

here is my 2 cents:

I got a speeding ticket driving like 80 in a 65 in Palmdale (hate that fuking place).
The CHP came to court, with all his bs and was able to show the judge that I was speeding (I had like 2 witnesses with me and still didnt help me, but in my defense I was a noob about law)

I had my parents in the car, how can I speed?

Needless to say, I didnt win but judge gave me traffic school when he didnt have to.
Best thing to do is, do the trial by letter, then if you lose- appeal and go to court. In that time you can determine if you want a lawyer or not.

I know some good lawyers who can defend you, not sure how much but pm me and ill set you up with them.

Also, for the whole idea of the cop not showing up, I have heard that in some cases they just reschedule the court hearing.

Lastly, do tons of research. Someone recommended ticketassassination, didnt work for me I pretty much wrote what they said, just changed most of it and no winning. I guess I am one of those who loses.

OEMplus.com

12-03-2007, 08:52 PM

I used to have custom plates on my W8 Passat with "22348B" on them. Most of the cops just laughed... but not all. :p

dystynkt

12-03-2007, 08:59 PM

thats a burn, i went out to vegas 2 weeks ago and averaged 100+ the whole way. glad i didnt get snagged

j_latimer

12-03-2007, 10:23 PM

even though i am very new to the forums, i want to add some information that is helpful here. CHP officers and most motorcycle officers are trained to be able to "guestimate" speed without the use of a radar, most are accurate within 5mph, some close to 2-3mph of deviation. so before you go about asking where he clocked you, chances are he was following you at a slight tail before you took off. if you have any other questions regarding this pm me and i will go into further detail.

J

j_latimer

12-03-2007, 10:26 PM

ps... fun fact:

22348. (a) Notwithstanding subdivision (b) of Section 22351, a
person shall not drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
(1) Upon a first conviction of a violation of this subdivision, by
a fine of not to exceed five hundred dollars ($500). The court may
also suspend the privilege of the person to operate a motor vehicle
for a period not to exceed 30 days pursuant to Section 13200.5.
(2) Upon a conviction under this subdivision of an offense that
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed seven hundred fifty dollars ($750). The person's privilege to
operate a motor vehicle shall be suspended by the Department of
Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense that
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed one thousand dollars ($1,000). The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.

taken from http://www.leginfo.ca.gov/calaw.html

palewhitemale

12-03-2007, 11:25 PM

human engerish translation!

22348. (a) Notwithstanding subdivision (b) of Section 22351, a
person shall not drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
(1) Upon a first conviction of a violation of this subdivision, by
a fine of not to exceed five hundred dollars ($500). The court may
also suspend the privilege of the person to operate a motor vehicle
for a period not to exceed 30 days pursuant to Section 13200.5.
=
first time, no more than $500 fine, possible license suspension, no more than 30 days.

-----
(2) Upon a conviction under this subdivision of an offense that
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed seven hundred fifty dollars ($750). The person's privilege to
operate a motor vehicle shall be suspended by the Department of
Motor Vehicles pursuant to subdivision (a) of Section 13355.
=
second time convicted in 3 years, under this specific section (100+mph ticket). fine up to $750, mandatory license suspension, duration not noted in this section.

-------
(3) Upon a conviction under this subdivision of an offense that
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed one thousand dollars ($1,000). The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.
=
3rd conviction within 5 years of the first conviction date. Fine no more than 1,000. mandatory license suspension.

Since this is your first offense, I would fight it. what is your record like right now? Either way, if its your first offense, your license will probably NOT be suspended, but why risk it, and why take the hit if you weren't doing the crime.

-bill

palewhitemale

12-03-2007, 11:32 PM

according to the cited code 13355, the suspension is 6 months for the second offense, and 1 year for the 3rd.

all suspensions are subject to the california restricted license laws which say that you 'shall be granted' (note it is 'shall' and not 'may') a restricted license in order to travel to and from work.

http://www.leginfo.ca.gov/cgi-bin/waisgateWAISdocID=75321114841+1+0+0&WAISaction=retrieve

-bill

oc-drop

12-04-2007, 08:44 AM

start with a written not guilty plea

x2 for http://ticketassassin.com/

GO THERE AND READ IT

Thirdeye

12-10-2007, 06:37 PM

I don't post much here but was looking through the SoCal forum for something and saw your post.

I received a 22348B about a year ago and it was the biggest PITA to deal with. I hired a lawyer in Los Angeles with a great record of beating these tickets and lost.

I, like you, was also not going anywhere as fast as I was cited for. I believe I never crossed 90mph but I was cited for 120! There was no radar or laser, the cop said he paced me going that fast. Remember, cops are trained to estimate the speed of a vehicle within 5mph. Whether this is true or not has no bearing on the fact that 22348B tickets have tripled in the last 10 years.

The lawyer filed approximately 6 subpoenas(things like speedometer calibration) none of which were complied with. This did not matter, as the judge(a real prick) said that going 120 is too outrageous for me to get off on a technicality.

It's unfortunate that I was found guilty by the sheer magnitude of the accusation, rather than any real proof. I payed 1000 dollars for court fees + ticket cost and my insurance went up 2000 dollars a year.

This is the lawyer who I hired: http://www.traffic-ticket-attorney.com/traffic_ticket/traffic_ticket.html

His success rate when I hired him was somewhere around 98%. I really do not blame him for not winning my case. He really did everything he could and it took 8 months before I was found guilty. The court was really wrangling with my case because they decided to switch it to a civil court(from traffic court). Incidentally, his success rate has been decreasing as of late, most likely due to the clear disregard for the law by the corrupt judges and cops.

If you want to risk it, I believe he is your best bet, however I have to warn you that he has a steep price(4grand).

Good luck, and may I suggest a radar detector/laser jammer. I am investing in one despite not being caught with one, simply due to the fact that I assume 75% of my tickets will be legitimate anyways.

EDIT:

BTW, I did not end up having my license suspended. The judge asked me if I needed my car and I replied yes, so he said he wouldn't suspend me. This to me really signified the purpose behind the whole charade. I cannot make the county any money if I'm not driving.

SirSteezy

12-10-2007, 11:09 PM

ticketassasin.com

what he said

if you want i can put you in touch with a friend of mine who has got out of 5 tickets this way and im sure if you email him he can give you a complete run through.

M power this!

12-13-2007, 11:34 AM

you need to pony up for a lawyer. i couldn't find one at the time and thought i had a pretty good defense. i lost and it dearly cost me:

$1700 in fines
about $1500/year for 3 years in insurance!!!

that's right, about $6000 over 3 years

GTO

12-13-2007, 11:37 AM

If you fight it its going to be your word versus his, you can try to argue the governer would keep the car under 105 and be extremely hard to maintain 105 with the fuel cut off coming on and off. There are certain perameters they must be accurate on, such as distance following and for how long, make sure you grill him on these factors, but it will probably come down to your word vs a CHP officer.

Turtle

12-13-2007, 04:36 PM

that sucks...you should def fight it. 2 years ago i got a ~$320 ticket for going 81 in a 70!!! arggghh

Serious??? I got a 85 in a 70 on the 60 East and it was a little over 200....

to the OP, dude I drive that fast the 605/210 all the time... It sounds to me like the officer just wanted to be a dick that night... Hope everything work out...
When pulled over to speeding, I find it best to be extremely polite. and when asked how fast you were going (they always ask that shit) either be completley honest (and act like it was accidental)... or just say "I'm sorry I know I was going too fast there for while and as soon as I realized how fast I slowed way down" (would have explained why you slowed back down to 65ish).

Hope it helps

TinaTbolt

12-13-2007, 05:10 PM

i got a ticket a few months ago going 120mph...
blows hard core...

aytheory

12-13-2007, 11:52 PM

weak all of you - i got a 78mph ticket on a 65 zone - on a freeway on a holiday where there were no cars on the road but a few and rest of them were going 80.......... only ticket in my life and it was not well deserved

DELETE02

12-14-2007, 08:03 PM

i always thought that over 100 its a felony and they impound yo shiet thats what my popo friend has told me.... so i try to stay at 99 if anything lol jp

im in socal Costa mesa... if it makes a diff..

TinaTbolt

12-17-2007, 09:31 AM

It is, but its the cops choice to arrest you. usually it depends on youre record. i dont know how i got out of mine lol

Nitemare S

12-17-2007, 09:39 AM

ENOUGH JAW FLAPPING! TICKET ASSASSIN! Pay for the shareware, it's more than worth it. I personally got out of a ticket for 104 mph! No points, no fines, no lawyers, no court appearance, 'nuff said.

veloracer

12-17-2007, 09:46 AM

Good luck, and may I suggest a radar detector/laser jammer. I am investing in one despite not being caught with one, simply due to the fact that I assume 75% of my tickets will be legitimate anyways.

Good luck trying to have a radar/laser jammer shipped to CA. They are illegal in 8 states, including CA (NE, MN, UT, OK, VA, CO, IL are the others).

SDchargers

12-17-2007, 10:52 AM

^^^
So for educational purposes what are the best radar/laser jammer out there in the market right now? I plan on buying a V1 detector but I'm just curious what are the top 3 jammers being sold.

phantom

01-14-2008, 06:38 PM

I just wanted to share my experience with you folks and for posterity for future speeders.

I got a citation from the CHP for 130mph in a 65 here in the Bay Area.

(BTW, the Ford CrownVic PI is speed limited to 130mph just so you know. Well, there are two versions, the one the CHP uses is 130mph, the one local cops might use is 118)

My advice is to hire competent representation. Whatever you spend will almost certainly be a savings over the fines and increased insurance premiums I am reading about here.

I found my attorney through an Audiworld club member who had a very similar situation to mine; I hired him to represent me for the 22348b plus a separate speeding ticket (just a one pointer). He successfully got the 22348 dismissed; no fines, no points, nada. There were also 3 other non moving violations on the same ticket, all dismissed as well of course. (you can tell how pissed the cops are by how much ticket space they use up...they used all 4 lines for mine, and if there was space on the back Im sure they would have kept looking for more things to write).

His name is Francisco Rodriguez and you can locate him with a google search for that name and "berkeley" where he is located.

Good luck to anyone who gets this ticket - its a major one, with the fine up to $500 (can be $1000 with additional court "fees") , 30 day license suspension, and the two point conviction.

TurbodBoyBeater

01-14-2008, 07:07 PM

It is, but its the cops choice to arrest you. usually it depends on youre record. i dont know how i got out of mine lol

No, it is not a felony to drive over 100mph. It is a felony to only be driving over 100mph if it is reckless driving. Driving by yourself (with cars around you) at 101mph is a speeding ticket. Driving 101mph while racing a car next to you is reckless driving and a felony. If you were racing (and convicted of reckless driving) THEN you are subject to arrest and impound.

And for your ticket, I would just drop your drawers and take it in the ass unless you think you could really fight it. But seriously, by the time you pay for a lawyer... it will be the same cost. Hence why I say drop your drawers. You're just facing a fine. And you'll be offered traffic school. Take it.

Useless facts: Motorcycle cops are assholes. Every single one of them. Their sole job is to give tickets and only give tickets. They do nothing else. They love making you miserable. Yes, they can look at you and know exactly how fast you are going. Officers in a car only give tickets when they feel like it. You have a 50% chance getting out of those tickets, most of the time they just give warnings.

phantom

01-15-2008, 10:13 AM

I have to disagree on a couple of points. One is that in researching 22348b stuff for my case, looking at probably 50 online discussions, I've never heard of anyone being offered traffic school for a 22348b unless they were represented by an attorney. Judges are really cracking down on these violations in many jurisdictions, particularly in SoCal where you are.

Secondly, small nitpick, Tinaalia is correct: the 22348b is a bookable offense. It is up to the discretion of the officer! If you are being a jerk, or you have a spotty record, or maybe you just get a hard cop, you are probably going to jail and your car is going to car jail. So if you ever get pulled over for this, be on your best behavior.

License suspensions (the maximum 30 days) and the maximum fine (dont forget the fine is $500 but the fees are often even MORE on top, bringing the total to $1K+), are actually very common. Plus this is a two point ticket. Your insurance will skyrocket, if they don't just outright drop you. You want to keep this kind of thing off your record if at all possible.

Bottom line, getting an attorney is definitely a prudent course of action, and if your attorney can do any of the following, will be a LOT less expensive than getting hit with the fine and the insurance increases:

a) get it dismissed (no cost at all if dismissed: total expense: attorney fee...$1K-2500)
b) plead it down (common scenario is to a 22349a) ; thats only one point and the fine is less, and no loss of license
c) get it diverted (ie, you complete traffic school, pay a fine, and maintain a clean record with no violations for the probationary period, and the court will never process the conviction). This is too much trouble for the court to do for minor offenses, so they don't do it often for infraction cases.

Personally, having done all the research and talked to numerous folks who have gotten this, I formed the opinion that the average person has little to no chance of accomplishing any of these things, thus making an attorney a good idea.

element256

01-15-2008, 10:12 PM

TinaTbolt

01-16-2008, 11:17 AM

S4 in_lowplaces

01-27-2008, 11:56 PM

phantom

03-04-2008, 01:09 AM

I am in Dire need of help with my ticket of 120mph. im so terrified and they just sent me a letter saying that it has been entered into the system. now i just have to wait for the courtesy letter. sigh*

If you can risk the license suspension and the two points and the insurance hike, Id say represent yourself. But for less money you can get an attorney

phantom

03-04-2008, 01:20 AM

No radar = No indisputable proof.
Do a Trial by Decleration and send in the fact that you WERE NOT EXCEEDING 100mph. The only thing you need to defend yourself against is the fact you were NOT doing what the ticket says. Doesn't matter if you were doing 102mph, the ticket is for 104 and that's what you fight against.
NEVER implicate yourself, or admit guilt, NEVER.

Also request trial by decl AFTER you get an extension and then go to court on THAT date and request it. THEN go in a week before you're supposed to submit the decleration and say you can't cover the bail amount (since it will be HUGE) and you'd like to talk to judge to get "Released on your own recognisence" (sp?) so you don't have to pay bail. That will extend it further. Then submit your thing on the LAST day and go IN COURT to submit it so you KNOW it got there. All this crap should get you extended for close to a YEAR or MORE before you actually have to go in for the person trial and by that time the cop has "NO solid recollection" of the matter and will fumble all over the place.

Once you do the written decleration the cop will have to do the same. If you lose that, then you request for an in person trial (Trial De Nuevo) and you go to court and obtain the officers written statement.
You study that and bring it to court with you and catch him in some sort of lie against what he wrote in earlier. They ALL lie and you WILL catch him.

You won't get suspended as this is all just income for the area and they need you on the road racking up more tickets.
If he mentions suspension, tell him you need your car for work and wouldn't be able to pay the full fine without driving for work ;)

Anything else PM me and I will help you. I am the king of these as many will attest.

I don't think you can do a TBD for this kind of a ticket. Never seen it.
As for delaying tactics, that's certainly a possible advantage for any ticket, but your advice on the TBD is useless - even dangerous. The TBD needs to introduce evidence to be effective, not just contradictions of what you think the officer is going to testify to.

BTW, it is most certainly NOT the case that things are so simple as to just asserting you didn't do what the ticket says, right down to the speed. The speed is really only a clerical detail in support of the charge against you. Any judge is going to look at a ticket for 104 mph and conclude that whether you were really doing 104 or 114 or 102, it doesn't matter to him, as there is sufficient evidence that you were hauling ass. And because of that, he is most inclined to find you guilty. Determining your precise speed is not in the court's interest. They don't care.

Their only interest is whether you have a defense to the charge against you that is credible, is substantiated by evidence introduced in court, and is submitted in accordance with the appropriate rules of procedure. Thats it. Anything else is hearsay, inadmissible, and an annoyance to the court.

B5 SLPR

03-04-2008, 06:00 PM

Any one have any suggestions for me? I live in Socal and was cruising along in traffic, goin with the flow and had to exit the highway. looks and then switched lanes. as i was about to get into the exit lane a motorcycle cop pulled up next to me and waved for me to pull over, i thought something was wrong. so i pulled over and once i was almost stopped he put on his lights and proceded to give me a ticket for exceeding 65mph, which is the limit. it has a place for speed and he wrote apx. 85. i was goin with the flow and the ticket is just for exceeding the limit, i think he just singled me out cause im a young guy in a nice car. any suggestions on how i can fight this. please pm with any help. thanks guys.

TWiST

03-05-2008, 01:55 PM

I got the 22348b a couple weeks ago, and it was an electronic ticket, that the officer printed out, this was at like 3:30 am on a sat morning, NOBODY on the road. It was actualley kinda funny cause I refused to admit guilt, and he keeps asking me how fast I was going, cause he did not have me on radar. He even asked how fast my speedo goes upto, and then finally he goes. "So your telling me im doing 125 and your pulling away from me and you werent speeding, and I said, well sir its late, nobody on the road, I really wasnt aware if I was speeding or not. I am gonna try to fight it of course but its most likly gonna be an ugly scene. I hear the expert law forum is a good place to discusss this kinda stuff, but I havent gotten myself into research and fight mode yet. I guess the cops are governed at like 125 er so, so if I woulda gone like 2 more exits he wouldnt of even caught up to me lol. I saw this car coming up all fast too oughta nowhere I was doing maybe 75 about to get off the freeway and he ALMOST passed me then slowed down and got right behind me. So he wasnt even sure if it was me, I dunno but either way it sux having to deal with this nonsence.

B5 SLPR

03-06-2008, 07:34 PM

that sucks

Nitemare S

03-07-2008, 09:32 AM

ticketassasin.com

x2!

TWiST

04-03-2008, 04:16 PM

So this is intresting my appearance is tomorrow so I called today and they said because of the nature of the ticket, that I cannot get an extension, how wonderful, and I dont have the money for bail, oh well. Guess I will just see come tomorrow.

AudiA4Turbo22

04-03-2008, 07:31 PM

if it was a cop car, fight it! they aren't paid to show up in court so most of the time they won't, if it was a motorcycle then don't, they get paid! even if he shows up it's the same price!

pyrobecks

04-22-2008, 02:58 PM

Good luck to anyone who gets this ticket - its a major one, with the fine up to $500 (can be $1000 with additional court "fees") , 30 day license suspension, and the two point conviction.

Yup... you were right. I went to court today to get the bail set and set a Trial by Written Declaration and the Judge set my bail at $921... had to pay it today.

Anyone willing to review my Trial by Declaration prior to me submitting it... I need a lawyer friend right now.

[=(]

smartbabo

04-22-2008, 04:57 PM

All I can say is trial by written declaration. Ticketassasin tells you all about it.

Good luck.

pyrobecks

04-23-2008, 07:20 AM

All I can say is trial by written declaration. Ticketassasin tells you all about it.

Good luck.

I've joined ticket assassin and paid the reg fee, but still haven't been emailed with the "member's only email address". Also they don't seem to have and 22348 subsection b example trial by declarations.

On another note, does anyone know how to file a request for discovery from the CHP?

TIA

pyrobecks

09-10-2008, 07:17 PM

Well I paid a lawyer $750 to write the Trial by Declaration and lost that.[down]

Now I have filed a request for Trial de Nuevo, and my Trial date has been set as September 24th. Yes I have procrastinated up until now... but I see I have two options at this point.

1) Hire the same lawyer to represent me in court ($1500) [=(]

2) Represent myself.

Any advice from anyone on either of those options (another lawyer recommendation maybe), or tips if I represent myself.

I am apprehensive about hiring the lawyer at this point because I've already shelled out the $900 for the ticket, plus $750 for the trial by declaration. I'm at the point where I'm not sure if I should just go with the insurance increases over the next few years (does anyone know how long this violation stays on the MVR?) or try to win with representation and be out an additional $1500 possibly.

Also anyone have any insight on additional court fees if I loose?

Thanks for any advice.

fusionx

09-10-2008, 08:50 PM

pyrobecks

09-11-2008, 08:19 AM

honestly dude, you should have just been as polite as you could. You probably would have got a lower ticket. Almost all the outrageous ticket threads Ive read on this forum always deals with the driver being a smart ass or arguing. I know its super hard because your 100% sure your right but you just gotta play the game :-/

[confused]

Well I'm glad you just assumed I was a jerk to the officer, and/or the judge... which I was not... but I wasn't asking what I should have done to avoid the ticket in the first place...

Thanks for your insight???

belinko

09-16-2008, 06:50 PM

After receiving over 9 citations within 8 years, dealing with them, receiving only 1 point and reading through most of this post. I would suggest what has been suggested by others.

If you're looking at a 100+ violation you'll need adequate representation so that your side of the story can be heard and understood. As you now know you're a little too late to recover some of your initial costs.

It is still in your best interest to get a professional who can handle the judge and police officer, ask the appropriate questions, reduce your fine, request traffic school, request 1 point, etc. Without representation you'll be viewed as a reckless driver that got caught and they'll slap you with book. Be prepaired.

I've used the written declaration method and several others, but in your case its not going to fly. You can plead not guilty all you want. You must realize that these people get paid to F*** with you and insure that you get your citation.

As far as your lawyer, he seems kind of steep. I got my last violation taken care of for $1k.

If he charged you $750 for the written declaration, that's a joke. Those are cookie cutter documents, which you really can write on your own. What's his billing rate?

I suggest you look for a decent criminal defense attorney. Traffic viloations are cake walk compared to murder, rape, etc.

Best of luck, keep us posted.

PM me if you additional questions.