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Old Feb 13th 2012, 2:21 am
  #76  
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Default Re: Fines

^^^^^^ Listen to what he says ^^^^^^...he's been a great help to me in the past and IMO knows what he's talking about.
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Old Feb 13th 2012, 2:30 am
  #77  
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Default Re: Fines

To all of those people who think that speed limits etc, do not apply to them......Here's some free legal advice;

http://www.youtube.com/watch?v=Zx40udwQvZI


Jim.
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Old Feb 13th 2012, 3:53 am
  #78  
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Default Re: Fines

Originally Posted by RoadWarriorFromLP
You already have the official ticket -- that was given to you at the side of the road by the nice officer with the big sedan and (I am assuming) larger mustache.

On your ticket, there should be a date that is the latest date by which you must appear for your arraignment. I would contact the court by phone (prepare to sit on hold for ages), tell them that you want to attend traffic school, and ask whether it is necessary for you to go to your arraignment in order to attend traffic school.

If you must go to court, then if it proceeds as I would expect, then you will begin by waiting, waiting, waiting, and waiting. This will be followed by additional waiting, which then may require a bit more waiting.

Following that last bit of waiting, it will be your turn. You will be notified of the charges against you and asked for how you plea. Instead of entering a plea, tell the judge that you would like to attend traffic school. (Many people will say "guilty with an explanation", but that isn't a real plea -- guilty is guilty -- and it's preferable that you not enter a guilty plea into the record.) The judge will probably allow you to do it.

It may not go exactly as described above, but you have the idea. Namely, it takes awhile to get your turn with the guy in the robe, but the actual proceeding should be short and swift.

If you can do mail order traffic school, that is ideal -- you can complete the course in a matter of minutes, and no one will be the wiser. Next best is doing it online, although that is more of a time suck. Attending an actual class is the very worst alternative, and you should avoid that with every fiber of your being, unless you have a strong masochistic streak and feel the need for true penance.

Next time (assuming that there is a next time), try to be nice for the cop. Since fines vary by the amount by which you were exceeding the limit, it's preferable to negotiate down the speed. Shaving 5-10 mph off of the ticket will save you some real cash.
Thanks. Helpful very.
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Old Feb 13th 2012, 3:55 am
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Default Re: Fines

Originally Posted by RoadWarriorFromLP
To correct one point above: According to this, the courtesy notice will state whether you are eligible for traffic school and presumably will describe whether you need to go to court in order to attend:

http://www.cc-courts.org/index.cfm?f...ge&pageid=1817
I hope they don't find anything to bar me from school. It will destroy my insurance. Might get up to 850 per 6 months. Wife might shoot me ...
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Old Feb 13th 2012, 11:18 am
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Default Re: Fines

Originally Posted by E3only
I hope they don't find anything to bar me from school.
Assuming that you haven't used the traffic school option too recently (in this case, within the last 18 months), then it shouldn't be an issue. But if you have to appear before a judge, do be polite. Judges can get rather prickly if you piss them off, and they will start racking up the penalties if you rile them up.
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Old Feb 13th 2012, 1:20 pm
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Default Re: Fines

Originally Posted by E3only
I hope they don't find anything to bar me from school. It will destroy my insurance. Might get up to 850 per 6 months. Wife might shoot me ...
They won't there is no reason why they would it's a 1st offence, not a ridiculous amount over the limit......stop worrying you are a standard ticket culprit end of.
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Old Feb 13th 2012, 4:38 pm
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Default Re: Fines

Originally Posted by Poppy girl
They won't there is no reason why they would it's a 1st offence, not a ridiculous amount over the limit......stop worrying you are a standard ticket culprit end of.
Thanks....you can tell I am paranoid!
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Old Feb 13th 2012, 4:51 pm
  #83  
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Default Re: Fines

Originally Posted by Poppy girl
They won't there is no reason why they would it's a 1st offence, not a ridiculous amount over the limit......stop worrying you are a standard ticket culprit end of.
Iirc, one point doesn't change your insurance rates in CA anyway. A second point will, and that's the reason why it makes sense to do traffic school on a first ticket. As noted previously, a second speeding ticket within a certain period of time won't be eligible for traffic school. The OP needs to suck it up and move on.
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Old Feb 13th 2012, 4:55 pm
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Default Re: Fines

Originally Posted by RoadWarriorFromLP
You already have the official ticket -- that was given to you at the side of the road by the nice officer with the big sedan and (I am assuming) larger mustache.

On your ticket, there should be a date that is the latest date by which you must appear for your arraignment. I would contact the court by phone (prepare to sit on hold for ages), tell them that you want to attend traffic school, and ask whether it is necessary for you to go to your arraignment in order to attend traffic school.

If you must go to court, then if it proceeds as I would expect, then you will begin by waiting, waiting, waiting, and waiting. This will be followed by additional waiting, which then may require a bit more waiting.

Following that last bit of waiting, it will be your turn. You will be notified of the charges against you and asked for how you plea. Instead of entering a plea, tell the judge that you would like to attend traffic school. (Many people will say "guilty with an explanation", but that isn't a real plea -- guilty is guilty -- and it's preferable that you not enter a guilty plea into the record.) The judge will probably allow you to do it.

It may not go exactly as described above, but you have the idea. Namely, it takes awhile to get your turn with the guy in the robe, but the actual proceeding should be short and swift.

If you can do mail order traffic school, that is ideal -- you can complete the course in a matter of minutes, and no one will be the wiser. Next best is doing it online, although that is more of a time suck. Attending an actual class is the very worst alternative, and you should avoid that with every fiber of your being, unless you have a strong masochistic streak and feel the need for true penance.

Next time (assuming that there is a next time), try to be nice for the cop. Since fines vary by the amount by which you were exceeding the limit, it's preferable to negotiate down the speed. Shaving 5-10 mph off of the ticket will save you some real cash.
Quick question. The notice/ticket the mustache man gave me does not give me the $ due etc. it does tell me the court details and the date. The date (if I call that writing legible) I think is 03/30/12.
The mustache man also informed me I will get a notice in mail to inform me of next steps and $$ to be paid (in response to my question how much and how to pay).

So, am I to wait for it to turn up? or sometimes it never does and I have to call the court? I don't mind calling but I dont want to be on hold for ever if I can tackle it via internet.

at the end of the day, all I want to do is say lesson learned, pay the file + traffic school fees and get the school done.

thanks
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Old Feb 13th 2012, 5:26 pm
  #85  
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Default Re: Fines

Originally Posted by E3only
The mustache man also informed me I will get a notice in mail to inform me of next steps and $$ to be paid (in response to my question how much and how to pay).

So, am I to wait for it to turn up?
The court is not obliged to send you a courtesy notice. If it doesn't arrive for some reason, that's your problem.

The appearance date is the last date that you have to go to court for your arraignment. You should be able to go prior to that date if you'd prefer.

If your drivers license has your correct address, then you should be getting the notice within a couple of weeks. Presumably, that notice will have instructions on what to do if you wish to attend traffic school, and whether you need to appear in court if you choose the traffic school option. You might also try looking around the court's website to see whether you can enter the citation number and obtain the information online.

If the notice doesn't arrive and you can't get the information from the court's website, then call the court for instructions, and hope and pray that they answer the phone, as referenced above. Ultimately, you are responsible for dealing with this, so you will have to go in person if you can't otherwise resolve this by mail, on the phone or online.

If you just want to pay the fine and skip traffic school (and I wouldn't suggest that you do that), then you should be able to do that by mail or online.

If you want to fight the ticket, then you should expect to go to court by the date on the ticket, plea not guilty, and schedule a trial date at your arraignment. (It may be possible to fight the ticket by mail -- you plead not guilty by mail, then send a letter to the judge describing your side of the story -- but I would recommend fighting the ticket in person if you choose to fight it. That being said, in your case, I probably wouldn't fight it.)

If you do opt to fight the ticket, then I would get a book published by Nolo Press that has the surprising title of Fight Your Ticket. But again, I would suspect that traffic school is your best option.

If you ignore the ticket entirely, then you will be charged with failure to appear (a misdemeanor) and a bench warrant will be issued for your arrest. (This means that they won't come looking for you, but you will be detained if you have another law enforcement encounter.) Definitely not recommended.

Last edited by RoadWarriorFromLP; Feb 13th 2012 at 5:29 pm.
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Old Feb 15th 2012, 11:10 pm
  #86  
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Default Re: Fines

Originally Posted by RoadWarriorFromLP
The court is not obliged to send you a courtesy notice. If it doesn't arrive for some reason, that's your problem.

The appearance date is the last date that you have to go to court for your arraignment. You should be able to go prior to that date if you'd prefer.

If your drivers license has your correct address, then you should be getting the notice within a couple of weeks. Presumably, that notice will have instructions on what to do if you wish to attend traffic school, and whether you need to appear in court if you choose the traffic school option. You might also try looking around the court's website to see whether you can enter the citation number and obtain the information online.

If the notice doesn't arrive and you can't get the information from the court's website, then call the court for instructions, and hope and pray that they answer the phone, as referenced above. Ultimately, you are responsible for dealing with this, so you will have to go in person if you can't otherwise resolve this by mail, on the phone or online.

If you just want to pay the fine and skip traffic school (and I wouldn't suggest that you do that), then you should be able to do that by mail or online.

If you want to fight the ticket, then you should expect to go to court by the date on the ticket, plea not guilty, and schedule a trial date at your arraignment. (It may be possible to fight the ticket by mail -- you plead not guilty by mail, then send a letter to the judge describing your side of the story -- but I would recommend fighting the ticket in person if you choose to fight it. That being said, in your case, I probably wouldn't fight it.)

If you do opt to fight the ticket, then I would get a book published by Nolo Press that has the surprising title of Fight Your Ticket. But again, I would suspect that traffic school is your best option.

If you ignore the ticket entirely, then you will be charged with failure to appear (a misdemeanor) and a bench warrant will be issued for your arrest. (This means that they won't come looking for you, but you will be detained if you have another law enforcement encounter.) Definitely not recommended.
Thanks,

I think I will have to call them if I don;t get anything in the mail in a week. the last date to appear from all I can read is 3/30

Out of interest only - there is a line on the citatation that has the following

Beat -6xx Area - 3xx Perm Area (nothing) and

Radar/Lidar Unit/Patrol Vehicle no (nothing). This is a little box next to it which is not ticked either

The officer specifically said 'yea we got you on the radar'..not sure if he used the word 'radar' coz frankly i was a bit rattled....
I dont understand how these tickets are issued then. In that, if they dont specifically have anything that catches me on their system how can they just pull me over? Wouldn't that mean he could potentially put my speed at 65-70-75-80 whatever he pleases?

if the radar check above
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Old Feb 16th 2012, 6:29 am
  #87  
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Default Re: Fines

Originally Posted by E3only
Beat -6xx Area - 3xx Perm Area
This is just information about the cop's work shift.

Originally Posted by E3only
Radar/Lidar Unit/Patrol Vehicle no (nothing). This is a little box next to it which is not ticked either
As far as I can tell, they are not required to complete that information on the ticket. For a speeding ticket, they are required to indicate the alleged speed that you were traveling, but the other gory details aren't mandatory. See section 40503 here: http://dmv.ca.gov/pubs/vctop/vc/tocd17c2a1.htm

Originally Posted by E3only
I dont understand how these tickets are issued then. In that, if they dont specifically have anything that catches me on their system how can they just pull me over?
If he told you that he used radar, then he probably used radar. Generally speaking, cops can pace you, or use VASCAR or lidar, or just do a visual estimate (although in theory, the poorer that the evidence is, the more likely that you can be acquitted.)

Here in the land of the free and the home of the brave, the Founders defeated the British in order to ensure your right that you are innocent unless proven guilty. However, the founders apparently failed to anticipate the realities of traffic court, where you are realistically guilty unless proven innocent (which you probably won't be) or acquitted on a technicality.

In other words, it is very difficult to win a traffic case based upon the facts of the case -- this is invariably a he-said/ she-said contest in which the cop gets the benefit of the doubt, especially if you are not represented by an attorney. If you are going to win, then it will probably be due to some procedural event or error, such as the cop failing to show up to testify or the court failing to comply with the speedy trial or some other due process requirement.

Contesting the cop's ability to judge your speed is not likely to work out for you, even if it can be shown that there are flaws in the evidence. Traffic school is probably your best bet.

Last edited by RoadWarriorFromLP; Feb 16th 2012 at 6:32 am.
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Old Feb 16th 2012, 12:19 pm
  #88  
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Default Re: Fines

Originally Posted by RoadWarriorFromLP
This is just information about the cop's work shift.



As far as I can tell, they are not required to complete that information on the ticket. For a speeding ticket, they are required to indicate the alleged speed that you were traveling, but the other gory details aren't mandatory. See section 40503 here: http://dmv.ca.gov/pubs/vctop/vc/tocd17c2a1.htm



If he told you that he used radar, then he probably used radar. Generally speaking, cops can pace you, or use VASCAR or lidar, or just do a visual estimate (although in theory, the poorer that the evidence is, the more likely that you can be acquitted.)

Here in the land of the free and the home of the brave, the Founders defeated the British in order to ensure your right that you are innocent unless proven guilty. However, the founders apparently failed to anticipate the realities of traffic court, where you are realistically guilty unless proven innocent (which you probably won't be) or acquitted on a technicality.

In other words, it is very difficult to win a traffic case based upon the facts of the case -- this is invariably a he-said/ she-said contest in which the cop gets the benefit of the doubt, especially if you are not represented by an attorney. If you are going to win, then it will probably be due to some procedural event or error, such as the cop failing to show up to testify or the court failing to comply with the speedy trial or some other due process requirement.

Contesting the cop's ability to judge your speed is not likely to work out for you, even if it can be shown that there are flaws in the evidence. Traffic school is probably your best bet.
Thznks. Just understanding that's all. Will be doing the school for sure. Need to call the court.
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Old Feb 16th 2012, 12:40 pm
  #89  
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Default Re: Fines

Originally Posted by cindyabs
I always talk outloud when I have some jillpoke tailgaiting me- listen bud, I'll speed up and break the speed limit IF YOU pay my fine. The other thing I speak to is while on the interstate, my comment is-not going fast enough for ya? No problem, pass me, you won't hurt my feelings.
I generally slow down gently when I have Mr or Mrs ****wit doing that to me... Last thing I need is an arse on my tailgate, doing make up while on the phone, and that's just the men!!

They either back off or overtake - either works for me.

I sometimes imagine, after they've overtaken me, that I find them pulled by the cops or upside down in a ditch...
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Old Feb 16th 2012, 1:21 pm
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Default Re: Fines

Originally Posted by E3only
Thznks. Just understanding that's all. Will be doing the school for sure. Need to call the court.
Refresh my memory how long since you got busted.....it took 3 weeks for me to recieve my fine and documents.
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