dewdrops12

So I am driving home from hockey in Alameda last night, look at my speed and see I am going 50 in a 35... I slow down and then see the oncoming of the local police. I am very courteous and I even admitted to going around 50 (thinking if I am cool he just might let me go.) He writes me a ticket for going 49 in a 35 (probably the basic speed law.)

So yes, I was speeding and yes I did get caught. This is my first ticket in 3 years. My car is stock for the most part but I do have a heavy tint on the front and rear windows.

The question is - does anyone have actual experience with ticket assassin? Does it work like advertised?
Should I just pay the dam ticket and go to traffic school (since I was speeding,) or should I try this "written declaration?"


any help or advise is appreciated!

HellaDumb

iTrader: (3)

The ticket assassin started me off on my career of fighting and beating all but 1 ticket in the last 5 years (one I just paid.. I didn't try to fight).

I highly recommend using it and learning to fight tickets. Tickets are USUALLY just about revenue and not about public safety UNLESS YOU ARE DOING SOMETHING UNSAFE AND STUPID.

The question is, "Were you doing something stupid and unsafe?" If not, you were NOT violating the basic speed law (unsafe speed for conditions). If it was dry and clear, traffic was light, and other motorists were going the same speed, 55 may have been safe for those conditions.

Just remember.. you're likely being charged with "unsafe speed," not for going a particular speed. Also, look up the vehicle code at www.dmv.ca.gov

Good luck.

lazybummm

iTrader: (3)

Yeah it seems like most people are not aware that violation of the basic speedlaw doesn't say you're going too fast period, it just says that you're not driving safe with given conditions...like above...just have fit it into your situation.

You play roller hockey at the bladium? A good friend of mine plays in the beginner leagues, and I am looking to get into playing some beginner league games...in fact, I may go buy a pair of skates and some pads today to go to the thursday clinic they have.

dewdrops12

Yep - I play at Bladium, I know they have a great beginner league on Monday's and also some good coed leagues to get started in during the weekends. Sometimes I show up for the clinic - it's always a fun group of people.

When I was 16 I fought the Basic Speed law and lost, but of course the judge probably looked at me and laughed. I am thinking I will try again this time since I have a bit more of a driving history and I can do it in writting...

Do I really need to spend the $25 with Ticket Assassin, or can a cleaver person figure this stuff out?

I was not doing anything unsafe or stupid - just going a little faster than the sign said...

thanks guys-

jonp

+1 for Ticket Assassin


Paying the fine and doing the school is your worst/last option in this situation. Worst case scenario you get found guilty and you pay the fine and get traffic school. (actually worst case is forgetting to go to court and getting fined $500 extra which is not very fun)


Get your trial by written declaration done using Ticket Assassin and see what happens. If your cop is lazy/busy you just win for free. If not, and you lose, you pay the fine and do traffic school...maybe even get a fine reduction. Either way, like the website says, your worst option is just to admit guilt and pay up.

jonp

Oh I forgot. The $25 on Ticket Assassin is if you want to pay it. The forms and examples you need to look at don't need any special access you can see them already.

Do what I did. Try the stuff out for free and if you get out of the ticket give them $25. I figured without them I would have paid my ticket anyway so I gave them some of the savings. Well worth it.

gqchynaboy

iTrader: (1)

Here is one that I will be using

Defendant's Name: ########
Case No.: unknown

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on Highway 101, just north of the County Dump., at around 10:05am on 3-07-06, I noticed an overtaking car in my lane flash its lights at me. The overtaking vehicle was following very closely, creating an unsafe situation. Since I could not move to the right immediately due to traffic, I accelerated somewhat to pass this traffic so that I could yield to the right of the overtaking vehicle and alleviate this developing unsafe situation. Soon after I safely yielded to the right to the overtaking vehicle, I was stopped by CHP Officer Overzet (I.D.#13054) and charged with violating CVC 22349(a).

CVC 21753 "Yielding for Passing" requires that "the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle...." I do not think it is fair to convict me for momentarily breaking one law in my attempt to obey another and relieve an unsafe situation caused by an impatient driver.

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

Where I was stopped, Highway 101 is a well-maintained two-lane freeway, quite safe to travel on at a speed slightly above the 65mph maximum limit with the favorable weather (clear and dry) and road conditions that existed at the time of my stop. Since I was required for safety to momentarily accelerate to allow the car overtaking and tailgating me to pass, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law.

Section (b) of Speed Law Violations, CVC 22351, states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

The favorable road and weather conditions existing at the time and place of my stop combined with the necessity to momentarily accelerate to alleviate an unsafe situation with a speeding tailgater, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se unlawful.

I trust in the Court's fairness in this matter and believe that my citation should be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 3-07-06

###########

WREXNFX

iTrader: (3)

I would just go to traffic school
you messed up and got caught
if you fight it and loose the fine is gonna be worse then paying for traffic school.

gqchynaboy

iTrader: (1)

The fine won't be worse. When you request to do a written declaration, you have to pay the fine upfront. If you win your case, you will be refunded, if you lose you don't get your money back.

RussB

iTrader: (2)

+1

in some jurisdictions, if you personally appear and request the forms, they won't even charge you up front. the ammount stated is the maximum bail ammount.

also, with some internet research, you can find the counties bail structure and figure out how bad the $$ is going to be long before you get the notice in the mail.

yungjin

If it were me, i'd just pay the ticket and go to traffic school and get it over with.

My friend did ticket assassin, and um, after trying to fight it by mail he waited nearly 6 months(!) just to get a mail back from the court.
He was found guilty(they took his ticket + bail money), and now has to go to court in person just to plead getting traffic school.

Up to you, but I wouldn't wan't to risk a dot, especially if your garunteed traffic school already.

HellaDumb

iTrader: (3)

Both of the above are offering BAD ADVICE.

You want to kill absolutely as much time as possible, because a conviction (if eventually convicted) only dings your driving record for 37 months FROM THE DATE OF OFFENSE. Also, in my experience, there has been zero financial penalty for winning/losing. In one case, I lost by written declaration but won when I went to court. There is no other way to get two chances to beat a ticket!

You have a 50% chance of getting back 100% of your bail, not having to go to traffic school, and not EVER having to go inside a courtroom.

If you got nailed for reckless driving or running over children I'd say take your punishment, but 14 mph over the limit doesn't sound unsafe.

slvrsubywgn

iTrader: (7)

HellaDumb is right. I mean, good grief. The state loves people that don't contest it. They make some easy dough without any complaints. What's there not to love? Try it through the mail first. You have more of a chance at winning (or being dismissed). From my experience and my family's experiences in court, most of the time you take it personally to court, you lose, because the judges are buttholes *cough*Walnut Creek*cough*. But if they don't accept the plea by mail, take it to the courtroom. What's there to lose?

dewdrops12

I think I will give it a try - I know I have to put up the bail but I would have to put up the same amount of money if I just paid it - this way I have a chance of a refund.

My main motivation to not get convicted is that I don't want to use my traffic school up - then if I get another ticket my insurance goes up. I also think I stand a fair chance - 1st - he has to prove I was going "48+" - 2nd - I can argue the basic speed law.

Certainly they can't take away your right to traffic school for exercising our constitutional right to a trial (or a hearing in the case of an infraction.) Right???????

firebert

iTrader: (2)

so you admitted you were guilty of speeding to the cop.. That's not goina play well when you're argueing your case.