For future reference, that would have been enough to get the ticket dismissed. Tickets must be based on calibrated range speedometers, not the officer's odometer.
Also, the DA generally doesn't negotiate traffic tickets. It's not worth their time. Simply contest the ticket, since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket.
That is incorrect. PACING (officer's odometer) is accepted by the court. If you can provide any case/regulation that refutes this, I will pay you money for the lead.
> since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket.
Again, that is incorrect. Traffic school can be refused by the judge if defendant contests the ticket
If you can provide any case/regulation that refutes this, I will pay you money for the lead.
Here is a case that even with citing Wozniak (http://law.justia.com/cases/california/court-of-appeal/3d/19...), it clearly states that the court has discretion to allow or deny traffic school and is under no obligation to disclose the reasons why People v. Schindler, 20 Cal. App. 4th 431 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div (http://caselaw.findlaw.com/ca-court-of-appeal/1770113.html, http://law.justia.com/cases/california/court-of-appeal/4th/2...) Under section 42005, the court may order traffic school. Although the court may not arbitrarily refuse to entertain a request for traffic school merely because a defendant elects to plead not guilty (People v. Wozniak (1987) 197 Cal. App.3d Supp. 43 [243 Cal. Rptr. 686]; People v. Enochs (1976) 62 Cal. App.3d Supp. 42 [133 Cal. Rptr. 363]), the court otherwise has discretion to grant or not grant traffic school for a traffic violation. (People v. Levinson (1984) 155 Cal. App.3d Supp. 13, 21 [203 Cal. Rptr. 426].)[2] Nothing in section 42005 requires the court to state its reasons for granting or rejecting traffic school.
When I turn up at court, I am informed. I don't believe in crossing fingers, working off "intuition" or "hoping that the officer does not show up"
All the good traffic-ticket lawyers will know all the tricks for your state, and some of them are kind enough to give away those tactics for free, essentially as stealth advertising for those who would rather pay the money to ensure a professional will do it correctly. But I'm not a lawyer and don't get tickets, so...
Wrong; actual penalties for traffic offenses can be greater (both in monetary value and may add license suspension) than the fine assigned with a ticket (which is a mixture of bail applied for certain modes of contest and a plea bargain offer if you choose to plead guilty.)
Plus, whether or not the base fine is higher, you can also be assessed court costs.
Absolutely untrue. My wife was ticketed by the CHP for driving at 80 on an empty I5 early in the morning. There was no traffic and she was the only other car on that stretch of the I5 at that time.
We seriously considered figting the ticket but I was unable to collect any data to prove that 90 percentile of the traffic drives at 80 although that's my own observation.
The ticket was cited using PACING and the officer did not have a recently calibrated odometer which gave us an upperhand but that would not be enough to dismiss the case.
We also researched and found out that the AAA lobbies to keep statutory speed limits down at 65 wherever a higher speed is proposed.
We then considered the pros of paying $500 for a ticket and traffic school vs paying thousands in insurance premiums for the next few years.
We ended up paying $500.
65 is the statutory speed limit barring higher prima facie limits. Any higher speed is illegal. Not getting a ticket while driving at 80 does not mean the CHP is OK with it, just that there are far more drivers than CHP officers.
PS: If anyone knows how to strike a deal with the prosecutor/DA's office without getting an attorney involved for trivial traffic tickets like this, I am all ears.