Be sure to do it TWD first!


Then you get a second chance if things don't work on for a in-person trial!

 

yeah, the rear plate one is too, but alas, that's just a 10 dollar fix it ticket. i even ASKED him where i should put that "peice of paper on the motorcycle" and he wans't even able to answer me!





Gagan,


i'm definitely going to do a TBD first and then if that doesn't work, i'll ask for an inperson trial. One question tho regarding extensions.


Can i request for an extension, and then with the extension, send in my TBD? Currently the trial date is set for may 19th, 2008.

 

thanks a lot for your guys help. i appreciate it.

 

You need to request an extension within the time period stated in the courtesy notice, or call in an have it done a few days before the may 19th date... I'm guessing may 19th is just a date to see the clerk or is that a real deal trial???

 

you shoulda just dropped 3 gears and smoked that cop. j/k good luck with it.

 

I can tell you right now that blowing fast track is NOT a moving violation. You pay the fine and thats it.

I know from experience (friend did it on accident).

 

all you have to do is sign up for fastrak now and any toll violation gets charged to your account. even post-violation. show all this to the judge or in the written declaration and it should be good. if not, just do trial de novo and fight in person like everyone else suggested.

 

May 19th is the real date to for my trial so i can go in and plead "not guilty"


haha, another friend suggested i did that too. but the bike was so new still i was still in the break-in process....not that i would tho...



That's what i had thought. That i got cited for it, and i'll just wait for it in the mail and be done. who would've known it was 1 point! + 171 dollar bail!


That's a good suggestion! i will definitely do that if my written by declaration finds me guilty.

 

Hrm, in my TBD, should i mention that i feel that i should have been cited for cvc 23302 since it best matched the description on the ticket and the vc in the dmv law book?


Or state that i went through fastrak by accident not realizing i had not tranferred my transponder to my motorcycle that day, but regardless since i'm a first time violator, i should only have to register my new motorcycle to the account and be post-charged with the 4 dollar amount?



I have a feeling stating both reasons on my same TBD isn't going to do me anygood.

 

Not sure about stating what you should have been cited for.

It's not your job to properly cite. That is the cops job, and it sounds like he cited you for the wrong thing.

 

use the TA tips to fight your current citations but i wouldn't suggest what you should have been cited for (sounds like pleading guilty to me)..

i think your best bet is to lay out the facts: you were on dealer plates because it was a new bike, you forgot your transponder.. after the fact you went on fastrak and retroactively paid the toll.. you think it should be a non moving toll violation, can the court rule in your favor? and if TA has specific tips for figthing what you were cited, use those too.

 

Don't say how you "feel." Give them facts. Explain that the motorcycle was purchased on X date, (provide a receipt) and show that the officer cited you in blatant disregard of this information. In addition, state that you were incorrectly cited for not obeying signs when you are a motorcycle and therefore exempt from the toll in accordance with the above statute.

Enclose the above information with a copy of the ticket, your receipt, and if you have any way to show that the plates did not arrive until after the ticket was issued. Also, you can show proof that you had fastrack at the time, you can weave this in as well.

Don't make any assertions that you went through an incorrect lane. Agian, don't tell them what you did, tell them why what the officer did was wrong. One more thing: like he said above, don't state what you think you should have been cited for.

 

Most likely when you are standing in front of the judge, he wont give a **** what you have to say...

i.e. my state ref ticket.

I had all my state ref papers to show the judge that I went to state ref and I passed, and that my ticket should be dismissed. He didnt give a **** and still gave me the ticket.

**** him..

 

GTA4 style ftw!

 

thanks for the tips! i'm still pending on my "email account" after payment sent to TA. I paid the same day i registered, have yet to receive anything so far. been like 4 days now so i'm still waiting to email TA directly to ask for help.

I've already checked the plate envelope and it doesn't have a posted date as to when it went out. So i can only go by the date of when the registration was issued by dmv which was 2/24/08. It could have been mailed out on THAT day, or anytime thereafter. Given that fact, i had not recieved the plates at my work until the following monday. It was sent out via first class mail through the government, so how would that hold up to the judge? I've checked the usps website and it states that first class mail generally takes 1-3 days but there no guarantee on that, and i've recieved **** hella late before in the past through 'first class mail'.

yeh i remember that. thank god i dont have the same sf judge and i'll be doing a trial by declaration, on top of that i'll be requesting for a trial de novo if the first one rules me as guilty.




edited for my awesome spelling