Joined: 04 Dec 2008 Posts: 1454 Location: East Los Angeles, CA
Posted: Tue Oct 28, 2014 9:35 am Post subject: Speeding Ticket Advice
I got a speeding ticket last month while I was driving through Bakersfield on my way up to Sequoia National Park. It was a 55-MPH, 2-lane highway and I was clocked doing 72. I was the last car in a line of about 4 cars total and we were all doing about the same speed. The officer was in the opposite lane and right after passing me, he hit his brakes, made a u-turn and pulled me over. My bail amount is $353. $417 if I go to traffic school.
I just filed an extension so I have until December 1st to take care of this. I got laid off in July so I'm not working at the moment, so this is $400 that I just don't have right now. My girlfriend already told me she'd pay it if I can't come up with the money but I just think that $400 is excessive for doing 72 on a highway, as I was going with the flow of traffic. If I had been doing 55, I would have been going way slower than everyone else and I would have been a nuisance disrupting the flow of traffic.
Now to my question: What would be my best argument to at least have my fine reduced if I choose to drive out there to contest this ticket? I was contemplating arguing that there is no way for him to prove that it was my car that he clocked seeing as how we passed each other in a split second and there were 3 other cars directly in front of me. They'd probably be able to argue that we were all going about the same speed though, so it doesn't really matter. I could also go the sympathy route and explain that I got laid off and just don't have the money to pay it, hoping that the judge will feel bad for me.
Look up written declaration or ticketassasin. Dont know if its still available to you, but you can write an essay and that requires the officer to write one as well. At that point if you still don't win, you can go to court to continue fighting or pay the fine. But it doesn't hurt to try and there's nothing to lose.
Cop has to write an essay as well where as he gets paid to show up to court. Again its 'writ' or written declaration and works many times. Sister got off and friend as well this way.
Joined: 04 Dec 2008 Posts: 1454 Location: East Los Angeles, CA
Posted: Tue Oct 28, 2014 10:53 am Post subject:
ani007 wrote:
Look up written declaration or ticketassasin. Dont know if its still available to you, but you can write an essay and that requires the officer to write one as well. At that point if you still don't win, you can go to court to continue fighting or pay the fine. But it doesn't hurt to try and there's nothing to lose.
Cop has to write an essay as well where as he gets paid to show up to court. Again its 'writ' or written declaration and works many times. Sister got off and friend as well this way.
Pm me if you have any further questions.
thank you. i've never contested a ticket before and I REALLY don't want to have to drive back out there if I don't have to.
Has anyone used fightmyticketca.com or ticketassassin.com? Do those options really work? If you lose, do you have to pay another fee for processing or something to the court house, on top of the bail amount?
The thing to note when contesting is that you going to have to pay the full fine before the ruling. After you're declared innocent, your fine will be refunded. At least, that's what I went through with Long Beach courthouse, but that was over 13 years ago.
The thing to note when contesting is that you going to have to pay the full fine before the ruling. After you're declared innocent, your fine will be refunded. At least, that's what I went through with Long Beach courthouse, but that was over 13 years ago.
If the cop was in the other lane and you were the last car in a line of 4, his dash cam should show the other cars in front of you going just as fast. Assuming they were all also going ~70 mph as you said. _________________ LakersCardinalsRams
Has anyone used fightmyticketca.com or ticketassassin.com? Do those options really work? If you lose, do you have to pay another fee for processing or something to the court house, on top of the bail amount?
Have used ticketassassin several times in the past, it's worked about more than half the time. The key is to delay the hearing date as long as the court would allow and then send in your Trial By Declaration paperwork. Sometimes when the officer gets busy he may forget to turn in his paperwork in time. If he does turn in his questionnaire, he's got a good chance to win. In your written declaration you will request the judge to grant traffic school if you do not prevail, as explained in the ticketassassin instructions. As for additional fees sorry do not recall, if any, they would be for the traffic school processing fees.
Nope. All I got was a letter saying that I'm innocent. No check. No telling me how or where to get the refund. And it was more like 15 years now that I think about it.
It's my fault really for being too lazy to find out or even do anything about it. I guess I was just glad not to have another point on my record. I've been to many courts all over SoCal and too many traffic schools. Considering some of the crazy things I used to do and got away, I'm OK with it.
If CHP wrote the ticket, hoping for a no show will probably not work. I have never had a CHP officer no show. County Sheriffs on the other hand is a different story. In my experience they rarely show. If it is a local cop and the court is in their own city they will show. If you decide to declare not guilty take as many extensions as allowed. Then push the court date as far into the future as you can. If the ticket was issued in the day time go for night court. If the ticket was issued at night go for day court. Make the officer come in during his off time (unless he has changed schedules).
When it comes to posting bail, which is the prepayment the court wants. Respectfully ask the judge for release on your Own Recognizance. Tell him you are not a flight risk, that you have no history of failing to appear for other matters. If you are a starving student you can add that in as a nice sad story. The only real legal reason for bail is to ensure you show up for the case. The real REAL reason is because the court wants your cash. They can keep it in a bank account and accrue interest and then return it to you in case you win your case. Still they have sucked the interest off you money for months.
In the end if you still lose ask the judge for an easy payment plan to pay off your ticket. You may be surprised to find that they will allow that in many jurisdictions.
Joined: 02 May 2005 Posts: 90306 Location: Formerly Known As 24
Posted: Wed Oct 29, 2014 1:16 am Post subject:
ExPatLkrFan wrote:
If CHP wrote the ticket, hoping for a no show will probably not work. I have never had a CHP officer no show. County Sheriffs on the other hand is a different story. In my experience they rarely show. If it is a local cop and the court is in their own city they will show. If you decide to declare not guilty take as many extensions as allowed. Then push the court date as far into the future as you can. If the ticket was issued in the day time go for night court. If the ticket was issued at night go for day court. Make the officer come in during his off time (unless he has changed schedules).
When it comes to posting bail, which is the prepayment the court wants. Respectfully ask the judge for release on your Own Recognizance. Tell him you are not a flight risk, that you have no history of failing to appear for other matters. If you are a starving student you can add that in as a nice sad story. The only real legal reason for bail is to ensure you show up for the case. The real REAL reason is because the court wants your cash. They can keep it in a bank account and accrue interest and then return it to you in case you win your case. Still they have sucked the interest off you money for months.
In the end if you still lose ask the judge for an easy payment plan to pay off your ticket. You may be surprised to find that they will allow that in many jurisdictions.
What would several months interest on $400 be? 2 bucks? _________________ “We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” ― Elie Wiesel
Lol what I was thinking 24 then I thought maybe every bail in the state maybe makes it possible/profitable.
To the OP, you do have to send the amount for bail with your written declaration. And if you win, it will be returned.
So request delays - request the trial by written declaration (in time!) - enclose check with letter explaining your side and request for traffic school if found guilty (get the mail certified) - await the courts ruling if lost then you can go to court and further fight or just traffic school.
Worked for my sister and friend. I didn't apply in time for mine so keep on top of that.
Also, you wouldn't have to go in person to fight thru written declaration
If CHP wrote the ticket, hoping for a no show will probably not work. I have never had a CHP officer no show. County Sheriffs on the other hand is a different story. In my experience they rarely show. If it is a local cop and the court is in their own city they will show. If you decide to declare not guilty take as many extensions as allowed. Then push the court date as far into the future as you can. If the ticket was issued in the day time go for night court. If the ticket was issued at night go for day court. Make the officer come in during his off time (unless he has changed schedules).
When it comes to posting bail, which is the prepayment the court wants. Respectfully ask the judge for release on your Own Recognizance. Tell him you are not a flight risk, that you have no history of failing to appear for other matters. If you are a starving student you can add that in as a nice sad story. The only real legal reason for bail is to ensure you show up for the case. The real REAL reason is because the court wants your cash. They can keep it in a bank account and accrue interest and then return it to you in case you win your case. Still they have sucked the interest off you money for months.
In the end if you still lose ask the judge for an easy payment plan to pay off your ticket. You may be surprised to find that they will allow that in many jurisdictions.
What would several months interest on $400 be? 2 bucks?
Every little bit counts. If you have seen the lines at any LA County Courthouse you would know that adds up quickly.
I picked up two speeding tickets within 2 weeks apart just a couple of months ago. One I paid, the other I had to fight to keep my insurance from skyrocketing. I am still waiting to see if my lawyer can plead it down to a non-moving violation.
If I had the time, lacked the financial resources and was close to the traffic court, I would try to negotiate it down to a non-moving violation.
Joined: 04 Dec 2008 Posts: 1454 Location: East Los Angeles, CA
Posted: Wed Oct 29, 2014 6:22 am Post subject:
after doing some research and listening to a lot of opinions, including from a few officers, i'm on the fence between requesting trial written by declaration and hoping i get lucky and win through the mail, or just showing up in a tie, telling the judge that I'm a student who was recently laid off, and if he can please just lower the amount. i don't mind paying the ticket, i just don't think $400 is reasonable.
another question. i know you can only do traffic school once in an 18-month period. i got my first speeding ticket ever in march 2013 (after 10 years of driving) and i did traffic school for that in august 2013. so it's been about 14 months, but when i login to the court system, it says I'm eligible. the clerk on the phone also told me i was eligible. what's the deal?
If CHP wrote the ticket, hoping for a no show will probably not work. I have never had a CHP officer no show. County Sheriffs on the other hand is a different story. In my experience they rarely show. If it is a local cop and the court is in their own city they will show. If you decide to declare not guilty take as many extensions as allowed. Then push the court date as far into the future as you can. If the ticket was issued in the day time go for night court. If the ticket was issued at night go for day court. Make the officer come in during his off time (unless he has changed schedules).
When it comes to posting bail, which is the prepayment the court wants. Respectfully ask the judge for release on your Own Recognizance. Tell him you are not a flight risk, that you have no history of failing to appear for other matters. If you are a starving student you can add that in as a nice sad story. The only real legal reason for bail is to ensure you show up for the case. The real REAL reason is because the court wants your cash. They can keep it in a bank account and accrue interest and then return it to you in case you win your case. Still they have sucked the interest off you money for months.
In the end if you still lose ask the judge for an easy payment plan to pay off your ticket. You may be surprised to find that they will allow that in many jurisdictions.
What would several months interest on $400 be? 2 bucks?
IRS is using about 3% currently as its interest rate, according to my girlfriends installment agreement. If the county uses the same rate thats about $1 a month.
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