Help with a ticket...
11-05-2009, 07:53 PM
#1
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Location: San Francisco
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Help with a ticket...
got a speeding ticket back on 9/20 in SF....60 in a 45....whatev.
anyway, I got 2 questions for the group.
1) This was on Presidio Drive just after the tunnel going North towards the GG bridge...he was parked in the 'emergency stopping only' space just before the exit for the Marina. Is that legal? Tagged me with radar...was outside of his vehicle.
2) When he gave me the ticket, there was no court date/etc on the ticket, but he said I'd receive a note within 21 days w/instructions to pay the fine or go to court, etc. I just got the notice today....wayy past the 21 days.
In fact, the notice says I'm supposed to pay or show to schedule the court date within 21 day of the CITATION date....but how could I do that until I know the amount, which I just found out today, a lot more than 21 days out. Do I have an argument there? Anyone got a link to some loop holes around that?
TIA
anyway, I got 2 questions for the group.
1) This was on Presidio Drive just after the tunnel going North towards the GG bridge...he was parked in the 'emergency stopping only' space just before the exit for the Marina. Is that legal? Tagged me with radar...was outside of his vehicle.
2) When he gave me the ticket, there was no court date/etc on the ticket, but he said I'd receive a note within 21 days w/instructions to pay the fine or go to court, etc. I just got the notice today....wayy past the 21 days.
In fact, the notice says I'm supposed to pay or show to schedule the court date within 21 day of the CITATION date....but how could I do that until I know the amount, which I just found out today, a lot more than 21 days out. Do I have an argument there? Anyone got a link to some loop holes around that?
TIA
11-05-2009, 07:57 PM
#2
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Location: Mountain View, CA
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As long as his lights were on, police officers have been known to hide in the most obscure places. It allows them to catch people not doing the right thing ie speeding ^^.
Unfortunately, It is my opinion that since California is in a huge deficit they expect you just to pay the ticket and the other stuff ie court dates, etc seem to be not even followed lately. Similiar situation happened to me, You can try www.ticketassassin.com or whatever the ticket assassin website is, but honestly, That type of ticket is going to be a ***** to fight.
Unfortunately, It is my opinion that since California is in a huge deficit they expect you just to pay the ticket and the other stuff ie court dates, etc seem to be not even followed lately. Similiar situation happened to me, You can try www.ticketassassin.com or whatever the ticket assassin website is, but honestly, That type of ticket is going to be a ***** to fight.
11-05-2009, 08:11 PM
#3
Well just to let you know California is F**K with financial deficit as mentioned above. I recently helped my mom write a written declaration with evidence in terms of pictures and information written wrong by the cop and she still lost. (Usually its a win, first time ever losing) License plate was written wrong, wrong make and model and the cop still got away with it, BS. It was a left arrow, but her light was green. But I'm not trying to discourage you to fight yours, there's always loop holes. Remember, its what you know, its what you can prove.
TR205 is the form you need.
TR205 is the form you need.
11-05-2009, 10:49 PM
#4
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As long as his lights were on, police officers have been known to hide in the most obscure places. It allows them to catch people not doing the right thing ie speeding ^^.
Unfortunately, It is my opinion that since California is in a huge deficit they expect you just to pay the ticket and the other stuff ie court dates, etc seem to be not even followed lately. Similiar situation happened to me, You can try www.ticketassassin.com or whatever the ticket assassin website is, but honestly, That type of ticket is going to be a ***** to fight.
Unfortunately, It is my opinion that since California is in a huge deficit they expect you just to pay the ticket and the other stuff ie court dates, etc seem to be not even followed lately. Similiar situation happened to me, You can try www.ticketassassin.com or whatever the ticket assassin website is, but honestly, That type of ticket is going to be a ***** to fight.
and just a FYI, the state doesnt get any money from citations, just the city, county and courts.
to the OP: Call the court and ask them, they are going to be able to give you the best answer.
11-06-2009, 12:50 AM
#5
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1) It's not illegal. You were breaking the law, he saw you do it and is requiring you to pay your fun tax. Him "hiding" in a spot will not get you out of your ticket.
2) It's your responsibility to contact the court if you do not get a letter in a timely manner. The officer usually states this along with the information being on the yellow badge of courage we all know and love.
---
I'd recommend doing a trial by written declaration if you feel you have enough information to be able to write one and state your case. Otherwise, just pay the fun tax, go to traffic school, and try to avoid any more tickets for the next 18 months.
2) It's your responsibility to contact the court if you do not get a letter in a timely manner. The officer usually states this along with the information being on the yellow badge of courage we all know and love.
---
I'd recommend doing a trial by written declaration if you feel you have enough information to be able to write one and state your case. Otherwise, just pay the fun tax, go to traffic school, and try to avoid any more tickets for the next 18 months.
11-18-2009, 11:35 AM
#6
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1) It's not illegal. You were breaking the law, he saw you do it and is requiring you to pay your fun tax. Him "hiding" in a spot will not get you out of your ticket.
2) It's your responsibility to contact the court if you do not get a letter in a timely manner. The officer usually states this along with the information being on the yellow badge of courage we all know and love.
---
I'd recommend doing a trial by written declaration if you feel you have enough information to be able to write one and state your case. Otherwise, just pay the fun tax, go to traffic school, and try to avoid any more tickets for the next 18 months.
2) It's your responsibility to contact the court if you do not get a letter in a timely manner. The officer usually states this along with the information being on the yellow badge of courage we all know and love.
---
I'd recommend doing a trial by written declaration if you feel you have enough information to be able to write one and state your case. Otherwise, just pay the fun tax, go to traffic school, and try to avoid any more tickets for the next 18 months.
SO, Pete...I disagree with your 1st statement because by that logic, you could be in your home smoking some doobie and a cop could just waltz in and bust you. In court you'd say he entered w/o cause and w/o a warrant and the judge would just say, "you were breaking the law, tough ****, the cop can do whatever he wants."
NOT how it works.
Also, entrapment is illegal as well.
I'm not saying this is entrapment, I'm saying he was parked illegally in an 'emergency only' section of Presidio Blvd (potentially dangerous place to be hanging out as well) and I want to know if there's some technicality that can help me out along those lines.
And for your #2 statement, that reminds me of something I forgot to mention...not only did he tell me that I didn't have to do ANYthing and that I would receive something in the mail within 21 days, he also, when he had me sign the ticket, said that it was also acknowledging that he SHOWED me the radar readout w/my speed.
huh?
I didn't have time to ask him about it (I was in a rush, hence the speeding ticket) and he was also giving me crap about tinted windows but was 'cutting me a break' and didn't cite me for it, so I just dropped it and got out of there.
I feel like he almost misinformed me on purpose. Also, there was no $$ on the ticket, so I couldn't pay it until they sent me the amount anyway. Never, ever, EVER have I heard of someone calling the court (ever try to actually CALL the court in SF?) to get the $$ of their ticket.
I'm going to fight it anyway....50% chance he doesn't even show up. oh, and for the record...wasn't in the suby....this was in my Dodge Ram 2500 quad cab.
Thoughts? TIA.
11-18-2009, 12:12 PM
#7
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This:
Is NOT this:
So this is still correct:
Apples and oranges is what you are comparing; your house/domicile is not under the same jurisdiction as public roads are. When you are out there, they can pull you over for any and all reason that they feel is necessary.
SO, Pete...I disagree with your 1st statement because by that logic, you could be in your home smoking some doobie and a cop could just waltz in and bust you. In court you'd say he entered w/o cause and w/o a warrant and the judge would just say, "you were breaking the law, tough ****, the cop can do whatever he wants."
NOT how it works.
Also, entrapment is illegal as well.
NOT how it works.
Also, entrapment is illegal as well.
Apples and oranges is what you are comparing; your house/domicile is not under the same jurisdiction as public roads are. When you are out there, they can pull you over for any and all reason that they feel is necessary.
11-18-2009, 02:07 PM
#9
His radar said you were speeding, so that's his just cause for pulling you over to give you a speeding ticket.
If when you're pulled over, and he asks you to open your glove compartment to look for drugs/weapons, you have a right to ask why and what his just cause is for that. If he has none, then you have the right to say no. If there's smoke comin out of your windows and he can smell it, then the cop has cause to look for more weed in your car.
If when you're pulled over, and he asks you to open your glove compartment to look for drugs/weapons, you have a right to ask why and what his just cause is for that. If he has none, then you have the right to say no. If there's smoke comin out of your windows and he can smell it, then the cop has cause to look for more weed in your car.
11-18-2009, 02:12 PM
#10
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11-18-2009, 02:21 PM
#11
Well, seems like you got it all figured out. Just argue "illegal search/seizure" and "entrapment." Let us know how it goes.
________
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bump...been busy lately, still need to deal with this.
SO, Pete...I disagree with your 1st statement because by that logic, you could be in your home smoking some doobie and a cop could just waltz in and bust you. In court you'd say he entered w/o cause and w/o a warrant and the judge would just say, "you were breaking the law, tough ****, the cop can do whatever he wants."
NOT how it works.
Also, entrapment is illegal as well.
I'm not saying this is entrapment, I'm saying he was parked illegally in an 'emergency only' section of Presidio Blvd (potentially dangerous place to be hanging out as well) and I want to know if there's some technicality that can help me out along those lines.
And for your #2 statement, that reminds me of something I forgot to mention...not only did he tell me that I didn't have to do ANYthing and that I would receive something in the mail within 21 days, he also, when he had me sign the ticket, said that it was also acknowledging that he SHOWED me the radar readout w/my speed.
huh?
I didn't have time to ask him about it (I was in a rush, hence the speeding ticket) and he was also giving me crap about tinted windows but was 'cutting me a break' and didn't cite me for it, so I just dropped it and got out of there.
I feel like he almost misinformed me on purpose. Also, there was no $$ on the ticket, so I couldn't pay it until they sent me the amount anyway. Never, ever, EVER have I heard of someone calling the court (ever try to actually CALL the court in SF?) to get the $$ of their ticket.
I'm going to fight it anyway....50% chance he doesn't even show up. oh, and for the record...wasn't in the suby....this was in my Dodge Ram 2500 quad cab.
Thoughts? TIA.
SO, Pete...I disagree with your 1st statement because by that logic, you could be in your home smoking some doobie and a cop could just waltz in and bust you. In court you'd say he entered w/o cause and w/o a warrant and the judge would just say, "you were breaking the law, tough ****, the cop can do whatever he wants."
NOT how it works.
Also, entrapment is illegal as well.
I'm not saying this is entrapment, I'm saying he was parked illegally in an 'emergency only' section of Presidio Blvd (potentially dangerous place to be hanging out as well) and I want to know if there's some technicality that can help me out along those lines.
And for your #2 statement, that reminds me of something I forgot to mention...not only did he tell me that I didn't have to do ANYthing and that I would receive something in the mail within 21 days, he also, when he had me sign the ticket, said that it was also acknowledging that he SHOWED me the radar readout w/my speed.
huh?
I didn't have time to ask him about it (I was in a rush, hence the speeding ticket) and he was also giving me crap about tinted windows but was 'cutting me a break' and didn't cite me for it, so I just dropped it and got out of there.
I feel like he almost misinformed me on purpose. Also, there was no $$ on the ticket, so I couldn't pay it until they sent me the amount anyway. Never, ever, EVER have I heard of someone calling the court (ever try to actually CALL the court in SF?) to get the $$ of their ticket.
I'm going to fight it anyway....50% chance he doesn't even show up. oh, and for the record...wasn't in the suby....this was in my Dodge Ram 2500 quad cab.
Thoughts? TIA.
XXX AMATEUR MOVIES
Last edited by kyoung05; 03-30-2011 at 10:50 AM.
11-18-2009, 02:43 PM
#12
Its called a Courtesey Notice for a reason; the honus is upon the citation recipient to keep track of/show up for court dates, not on the court to babysit us lawbreaking Subaru drivers.
If you aren't eligible for traffic school then try fighting it via trial by declaration. Request officers records from the local office, and radar calibration info, this is called Discovery.
If you aren't eligible for traffic school then try fighting it via trial by declaration. Request officers records from the local office, and radar calibration info, this is called Discovery.
11-18-2009, 02:43 PM
#13
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re: the courtesy notice. i was told i would receive one in 3 weeks and after 10 weeks and a week before my court date i called and said "what gives?". they said bc of budget constraints they were slow on processing, my ticket wasn't even in the system yet, and they were moving all court dates back.
it's like a catch22. state needs revenue from tickets. doesn't have the money to keep up with obtaining said revenue.
it's like a catch22. state needs revenue from tickets. doesn't have the money to keep up with obtaining said revenue.
11-18-2009, 09:46 PM
#15
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its california your not likely to win against a law enforcement officer, that myth that they hardly ever show up for court is crap cus they get paid to go.
you were breaking the law and he caught you, they do not have to be in the car for the radar in the rear window to clock you as your driving by his vehicle.
if you pay the fine and go to traffic school you can be done with it. or you can take time off work go to court have to pay anyway even if a reduced fine is granted by the judge and then still have a point on your record??
your choice.
you were breaking the law and he caught you, they do not have to be in the car for the radar in the rear window to clock you as your driving by his vehicle.
if you pay the fine and go to traffic school you can be done with it. or you can take time off work go to court have to pay anyway even if a reduced fine is granted by the judge and then still have a point on your record??
your choice.