Need help with ticket, please!

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Bmw6pack

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Hello everyone,

Couple nights ago i was in my s2000 and some-what raced a 300zx TT. I know racing is bad and i also have "No Racing!" sticker in my dash. Anyway i was caught and cited with a Speed Contest ticket; VC 23109a. (California)

The cop took pictures of the inside of my car and took a close up picture of the "No Racing!" sticker. They didn't catch the other guy cause he got away by going through the mall. The cop asked how fast i was going and i told him i didn't know cause i was looking at the road. They asked why was i racing and i told them i wasn't. I was nervous and couldn't think what to say at the time like that i was trying to pass him to switch lanes. So my stupid excuse was, "we were just playing around." Very stupid response.. i know... They wrote me down for going 55+ on a 40. So they didn't seem like they radar me.

Has anyone had this ticket and actually fought it? I am 20 years old and i really don't want points on my DMV record. I also was told that there are ways under CVC 40519b stating that i have the right to write a letter lieu (rather) of appearing in court.

Just from being flamed, i know what i've done is wrong and could've submitted injuries to innocent people or even myself. I regret what i did and learned a very valueble lesson.

I only ask for some help, tips or advice. Thank you so much.
 
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Bmw 325i 7803

Bmw 325i 7803

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Get a traffic court lawyer and find a good way to prove you weren't racing.... I'm sure it's worth it considering the possibility of getting it dismissed or reduced where you just pay a fine and theres no record of it. (Imagine how high your insurance is gonna be after this) Goodluck and in the future when you're in a racing mood leave the rice toy in the garage and drink a 6 pack while you're watching NASCAR. [:o]
 
codex57

codex57

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It's a 2 point violation and a misdemeanor. You can demand a full jury trial for this one. Try and plea it down. Say you'll take a speeding ticket and a fat fine or something like that. Most DA offices are loathe to try traffic cases, especially a racing one where they only have one guy.

That "we were just playing around" admission is REALLY bad though. I'd try and get a traffic lawyer though cuz this is a fairly big deal. If you're just 20 and you get this on your record, insurance is gonna absolutely rape you.
 
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mrblonde

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i've heard that if you pay extra on a traffic fine, say $10 over, they will mail you a check back for the extra $10 bucks. but points will not be assessed until after you cash that $10 check as the case is not closed until then. so if you don't cash the check, you won't get the points. and since your fine is paid they'll never get around to following up with you and closing the case. i've heard it works but never tried it. best bet is to get a lawyer but if you can't afford it ...
 
codex57

codex57

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mrblonde said:
i've heard that if you pay extra on a traffic fine, say $10 over, they will mail you a check back for the extra $10 bucks. but points will not be assessed until after you cash that $10 check as the case is not closed until then. so if you don't cash the check, you won't get the points. and since your fine is paid they'll never get around to following up with you and closing the case. i've heard it works but never tried it. best bet is to get a lawyer but if you can't afford it ...
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urban legend. They just keep your money. I think you have a certain amount of time to ask for the extra back, but once it clears the system, you're gonna have to sue them to get it back.
 
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Bmw6pack

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Codex,

::They don't have an accurate proof of my speed (they said 55+) and they didn't catch the other guy... Wouldn't this ticket be in my favor of winning? Man i am terrified of attorneys, i just got done paying a little over $800 for a business attorney just to make a couple phone calls, couple hours of research and write a letter.... I can't imagine how much one would charge me to do this case...? Is it possible to represent myself? Or would i be at risk...
 
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TLudwig

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Bmw6pack said:
Codex,

::They don't have an accurate proof of my speed (they said 55+) and they didn't catch the other guy... Wouldn't this ticket be in my favor of winning? Man i am terrified of attorneys, i just got done paying a little over $800 for a business attorney just to make a couple phone calls, couple hours of research and write a letter.... I can't imagine how much one would charge me to do this case...? Is it possible to represent myself? Or would i be at risk...
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Definitely get an attorney for this one. Attorneys specializing in traffic cases are not nearly as expensive as your commercial law attorney, and in any event, you will probably save much more than that in insurance premiums.
 
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Big Daddy

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Bmw6pack said:
Codex,

::They don't have an accurate proof of my speed (they said 55+) and they didn't catch the other guy... Wouldn't this ticket be in my favor of winning? Man i am terrified of attorneys, i just got done paying a little over $800 for a business attorney just to make a couple phone calls, couple hours of research and write a letter.... I can't imagine how much one would charge me to do this case...? Is it possible to represent myself? Or would i be at risk...
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Codex gave you good advice, considering your "admission" and realizing that you have all the elements of "racing on a public highway". They do have proof of speed, even though it is not necessarily an element of racing. They may not have clocked you on radar, but the officers observations are admissible. Plead not guilty and settle for a speeding ticket or operation contrary to law.
 
codex57

codex57

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You can represent yourself, but it's NOT a good idea. In fact, the judge is required to read you a warning (forgot what it's called, but there musta been a lawsuit where some Supreme Court said judges have to read it to people thinking of representing themselves) telling you to seriously reconsider representing yourself.

and yeah, traffic court attorneys don't cost as much as a commercial attorney. Just call a couple up and ask how much they charge. If you think it's too much, don't hire him and keep trying until you find out one who's price you can live with. I will warn you that defending a misdemeanor charge will cost more than a simple traffic ticket so expect more than $150.

how does the court system work there? Do you have to show up first and enter a plea and then they set a trial date later? If so, you have a chance to talk to the DA first and plea down your charge like I suggested. If that doesn't fly, then you def should get a lawyer.

Oh, and if you're wondering whether you can trust the advice of Big Daddy and me? Well, Big Daddy is a former cop and I'm a former traffic court DA in Sacramento County.
 
codex57

codex57

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Clovis is near Fresno. So central California I guess. I only know that cuz one of my bud's (former co-worker at the DA's office) is from and is back in Fresno and we've talked about me getting a job out there since everything is so cheap out there (compared to SoCal or NorCal)
 
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Bmw6pack

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Thanks everyone for your help.

Codex, I'm going to PM you with further advice. I really appriciate the time everyone put to help me in this. Thanks again.

Ofcoruse any more thoughts of this topic is welcome.
 
selavia

selavia

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I'm an intern at a law firm (in MD though), and I saw a case like this once. Police had speed estimate; although it was fairly obvious he was doing well over 80, and only caught one person. The kid was 19 and they were going to take his license away and actually 6months jail time. I dunno about in cali, but here they charged him with wreckless endangerment and the whole nine yards. He hired the attorney I work for and he got all the charges dropped except for the speeding ticket. Plus you've already admitted some guilt. I'd suggest talking to an attorney and get their opinion, even if you can't afford to hire one, the attorney will most likely guide you in the right direction. Plus if if you're convicted of a misdemeanor that might affect your job prospects. If the ticket is a traffic ticket try attempting PBJ. Good luck dude. Sean

BTW the S2000's engine is not ricey. I'd like to see any other stock four cylinder put out that much HP per cylinder. Don't like the interior, though.
 
Bmw 325i 7803

Bmw 325i 7803

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Bmw6pack said:
[screwy] i believe its far from rice.... trust me [thumb]
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When I said rice I meant japanese.... Not that you were a ricer with a Honda and a dozen mods. Therefore it is rice, no big deal I'm looking into getting an old Honda as a beater.

BTW, why would they take a picture of the "No racing sticker" couldn't that work both ways. You could argue that you use the sign to ward off stoplight challengers. Then again they can argue you have a racing problem and that's why it's there. [hihi] I still say hire a traffic lawyer they're pretty cheap.
 
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