Not me, thankfully. I'm asking for a friend. They got a ticket before this one, and have taken traffic school to remove it from their record. They just got a 2nd ticket. From my understanding of CA traffic law, they're ineligible to go to traffic school, because they went to traffic school in the past 18 months (for the 1st ticket). Any recommendations for course of action? It was 15-19 mph over the speed limit on a highway. Just curious if they'll need to hire a traffic attorney to get them out of this, or whether there's easier ways of taking care of this. Thanks!

 

Did he settle the ticket already? If not, I would try to fight it by Trial of Declaration first and if found guilty request a court trial.

I just got a ticket for bogus reasons (damn needswings CAI... hehe) which i'm doing a TBD and hopefully gets the tix dismissed.

Check this site http://www.helpigotaticket.com/sitemap.html and see if you see anything there to help him out.

 

Thanks for the link. I'll look into it and pass the info along.

Have you heard of courts not allowing you to go to traffic school if you do TBD? I've done TBD before, and when I fought a Long Beach ticket with TBD and lost, they wouldn't allow me to go to traffic school to get it off my record. I thought it was pretty shady.

 

This is from the website...


What about traffic school if you lose your trial by declaration? In theory, if you lose the trial by declaration, you get a trial de novo, meaning all things are new. The judge should not hold the trial by declaration against you. If the judge denies you traffic school because of the trial by declaration, point out that you are not there for that trial, but, per CVC 40902(d), a trial de novo. You can also point to Vehicle Code section 42005 and People v Wozniak which say you can still have traffic school even after a conviction.

 

Thanks! Wish I knew this 3 yrs ago, but definitely good to know for the future.

 

prevention is key for the next incounter.

!. Radar detector - good but not 100%
2. international driver's license from another country- not that hard if you travel a lot and get to know lawyers in other countries - have the car in your wife's name and say it belongs to a relative. The last time I was stopped by a Delaware state trooper, He looked at mine gave it back, said please don't let me catch you speeding again and have a nice day - walked back to his car and left. I've had one for almost 10 years and don't have a ticket showing.
3. get a fake id - available through your local long distance trucker for about 5 large.

 

Like this one?

https://www.crossfireforum.org/forum...&postcount=261

 

If you are 15 mph or over, you got caught speeding and are definitely guilty. Hiring an attorney would cost more money, especially if you lose. A radar detector helps most of the time and is worth the investment. Anyway, I wish him luck.

 

I beat two speeding tickets in my SRT6 in the last year by using the trial by written declaration.

In one case the officer responded but the court decided in my favour, in the other - the officer did not respond.

Victory, a clean DMV record and no insurance increase!

 

While a dismissal would be great, my friend would probably be happy just to get the point off their license. I'll advise a trial by declaration, and maybe recommend a lawyer if that does not work. Has anyone here hired a traffic lawyer and have experience with them, i.e., reasonable rates, consultation prices, etc.? Thanks.

 

The rules also differ depending on the state.

If you can believe it, Minnesota allows a "guilty with explanation" defense, but attending "traffic school" does not get your ticket off your record!

A ticket, once issued, according to the DMV, is permanent!

Also a trial by declaration is not allowed! Crazy.

 

A Valentine1 radar detector is the best investment you'll ever make in your life, believe me, it's saved my **** more times then I can count.

http://www.valentine1.com/

 

Option One- Fight and Probably Not Pay
I've had three tickets, two speeding and one lane change with no blinker (i was the only car on the freeway at 3AM, except for the cop who was sitting on the side of the freeway in stealth-mode).

I fought all three tickets, and not one time did the cop show for the trail. What I did was delay the ticket as long as I could. You have 90 days to take action on the ticket, when those 90 days are almost up, go online and request a extension, that will give you another 60 days. When that 60 days is almost up, request a court date. That will usually be 30 or more days later, and it will only be your arraignment (say not guilty). Then they will give you another court date, which is no later than 45 days from the first court date.

By the time you do all this, it's been at least 6 months since you got the ticket,and the cops usually don't come, but if they do they can declare no recollection, meaning they don't remember giving you the ticket and you're home free.

But seriously, every time I've gone to court there has been 100+ people in the court room for trial and maybe 5 cops show up. It's a joke..

Option Two - 8 Hour Traffic School
If you have gone to traffic school in the last 18 month, you're not eligible to go again for another ticket. HOWEVER, you can go to a special 8-hour traffic school where you have to go to a classroom (no online option). This will erase the ticket from your driving record, but insurance companies will still be notified of the ticket. Some insurance companies honor the 8-hour traffic school and won't increase your rates, and some do not. Call your insurance company and ask to find out.

 

ON YOUR EVENTUAL COURT DATE YOU STILL HAVE THE OPTION OF GOING TO TRAFFIC SCHOOL BEFORE THE OFFICER TELLS HIS SIDE.

 

Wow, I don't think that would work here in IN...I make notes on the back of my copy of the citation...even if it is two yrs later, the notes are still there, plus today, we use computers, save notes to file...we only have to show up if it goes to trial, not the initial hearing...every state seems different, but training for radar, lazer, etc is pretty much the same...delaying a hearing can have pros and cons, here, a judge will not let it go that far out unless there is a really good reason, such as health, but you had better be able to prove it...good luck...either way...
PS...attending traffic school in this state gets you credit for points, but doesn't get you out of the citation...and you can't get another one or else...

 

^ And I'm sure you never speed officer ?

 

yes I do, and I got a citation to prove it in the great state of OHIO>>>

 

Speeding is almost a definitely guilty. Unless the ticket has other violations along with the speeding, then you can give a try to the trial.

 

I have heard of similar reports by other LEOs RE: citation notes... some departments even have stamps with templates for these notes to capture all of the most important stuff.

Thanks for the advice. This particular situation is complicated by the fact that the speeder lives ~400 miles from the county that they were cited in, so the personal court appearances would be difficult to pull off. I definitely want to keep this in mind for future reference, though. Just curious, have you combined this method with a trial by declaration before, or are they mutually exclusive strategies (I can't recall if you're allowed an extension if you're doing a trial by declaration)

And the insight on Option Two is very helpful in this case. I had heard about the 8 hour traffic school, but didn't realize that the insurance companies would still hear about the ticket. I'll have my friend look into this as a possibility. Hopefully, the 8-hour traffic schools are available outside of the county where they got cited, and hopefully the insurance will honor it. My friend is not that eager to put much work into this; otherwise I'd push harder for a trial by declaration, at the least. You can only help a person so much before they have to help themselves.

Are you located in CA? Just curious what locales this applies to. Thanks.