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2 SPEEDING TICKETS IN 1 MONTH 95mph & 80mph ADVICE PLEASE!!

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Old 12-16-1998, 02:28 PM
  #11  
PhilJ
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Default I'm not a lawyer, but...

I sure as heck don't want to be confused for one.<p>I wasn't saying it was 100% legal, nor was I telling him what to do.<p>I was just giving my opinion...<p>Just like I would suggest that someone would want to put a corvette engine in their A4 to get 350 HP...<p>But I see what you're saying...<p>-Phil
Old 12-16-1998, 02:29 PM
  #12  
PhilJ
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Default unless...

unless you waive your "right to a speedy trial", in which case they can extend your court date past the 45 day period...<p>-PhilJ<p>Not a lawyer, just repeating what I heard when i was in traffic court...<br>
Old 12-16-1998, 04:42 PM
  #13  
Jon C
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Default Re: Here's what I read: not quite right in many places

Where I live & where I practiced when I did that kind of stuff (two diff. states), they would go to the next date the officer is scheduled. And if you have already appeared, and YOU request the continuance, your speedy trial "right" (not really a right in states where traffic infractions are civil, which is many now) is "tolled", i.e., because you asked for the postponement, the expiration of the speedy trial date is pushed back in many states.<p>Worth a try but don't count on it. I'd find a lawyer in each county who specializes in traffic work and see what they can work out: should cost you less than the insurance increases, e.g., perhaps $150 per case.
Old 12-16-1998, 04:45 PM
  #14  
JonC
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Default in most states the driver info comes from the state DMV so would not be limited by county...

perhaps Ca. is different (surprise?) but in the three states I have practiced in, the drivers' abstract is statewide, all items of record.
Old 12-16-1998, 05:17 PM
  #15  
Kevin C
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Default Re: California Highway Patrol will start using radar on highways and freeways...

The CHP lobbied the legislature for permission to use radar on the freeways for many years. The legislature repeatedly turned them down until recently. Seems that several legislators who commuted regularly between Sacramento and the Bay Area didn't want the increased risk of being picked up for speeding. I've heard that a Porsche driving Willie Brown was the chief opponent of giving radar to the CHP. (Now that he'd Mayor of San Francisco he's prpobably sold the Porsche and is taking BART <g>)<br>
Old 12-16-1998, 05:24 PM
  #16  
KevinC
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Default Re: Officer didn't show up...

If you get whacked with these two tickets you insurance will either go sky high...or be cancelled. Track down a lawyer, who will know the best way for you to proceed, based not only on the Vehicle Code and DMV regs, but also the unwritten "local rules" which you would not be aware of. Most counties have some attorneys who specialize in traffic court. They're not too expensive, and a brief interview with one or two might be well worth the expense.
Old 12-16-1998, 05:56 PM
  #17  
Andrew C.
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Default

I got a speeding ticket on 280 south of SF in 1993. Caught using radar.
Old 12-16-1998, 05:59 PM
  #18  
DMoore
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Default a prosecutor's viewpoint... (longwinded, of course)

The bad news: CHP gets paid 4 hours overtime just for showing up on a traffic ticket. And they get heat if they don't. So the chances of your officers not showing up in court aren't very promising. <p> But if you show up on the date on the ticket, and request a continuance, you should get it. It's likely that the chippie will show up on the new date as well, but the clerk has to notify him of the continuance, etc. And the more work that has to be done, the greater the chance of a mistake being made. So your odds improve - but they still aren't terrific. Of course, if you could wangle a second continuance...<p>More bad news: As presently structured, traffic school policies in California vary from county to county. Some counties don't allow it at all! Others have varying policies - the last time I went, my county had an 18 month minimum since last prior school to be eligible. I've also heard judges say no traffic school over 80 mph, etc. The point is, the rules vary from court to court., maybe even from judge to judge. If you do get traffic school, you get to pay the entire fine, AND the traffic school's fee, and an admin. fee to the court, all for the privilege of going to school. <p>And although a conviction doesn't go on your record, the fact of the traffic stop probably will. And that may be all your insurance co. cares about - so you're still screwed. But it DOES keep that point off your record. So it MIGHT be an option for your ticket #1. But you won't get school for ticket #2 - probably because of the speed, but definitely because of ticket #1. Unless you fight #1 and beat it.<p>The fact that the two tickets are from separate counties will only help if people get lazy. Court should have a current DMV print, which couldl show the pending case in another county. That could lead to embarrassing questions. Judges just hate it when they think you're trying to scam them.<p>I've heard (but haven't confirmed) that the law was recently changed, allowing your carrier to cancel you and force you into the assigned risk pool, for just two tickets. (Not sure of the time frame, but it sounds like you're in it.) I would think your insurance carrier is going to be very put out by someone who's been as naughty as you've been lately.<p>If I were you, I'd follow the advice given elsewhere, and talk to an attorney in each of the counties involved. Local knowledge can be very important in this kind of issue.<p>Years ago, DMV hauled me in because I had 3 points in one year. They had me write out a postcard to myself they'd send me 6 months later to help me with my problem. My advice to myself - and you...<p>WATCH YOUR MIRRORS!<p>Good luck.<p><p><br>
Old 12-16-1998, 06:12 PM
  #19  
Glenn R
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Default No, this isn't a post about quattro...

I live in NC, and here there is a way out for speeding offenders if they have a clean record at the time. Get a lawyer to appear with you at court and plead "equipment failure". It's basically analagous to a "get out of jail free" card. You just have to pay the lawyer and the court a total of about $250. The result is no points, no foul. But, it does go in your record, so you can only use this trump card once. My advice: see an attorney where you live and mention this ploy.
Old 12-16-1998, 06:16 PM
  #20  
Speedy Gonzalez
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Default Re: Here's what I learned in court 5 years ago...(long)

1. If the ticket is > 90mph this was reckless driving (a misdemeanor). NO TRAFFIC SCHOOL ALLOWED (this may have changed) 2 points on the liscence. This was 5 years ago and the freeways were at 55mph so this might be up to 100 now.<p>2. If you make a court date, make it on a day when you can attend. OOOOPPPPSSS! This was when I was in school. I scheduled for something like 1 1/2 months ahead. Right when I had a final. I talked to the judge "If the officer doesn't show up, we'll reschedule. If he does show up you're guilty"<p>3. If the officer says he's going to show up he's going to show up. Bam. Uncontested by me (struggling with final). $500 fine. I had a battery of officers come by after I was pulled over.<p>4. At 120mph (It was 2am and there was virtually noone on the freeway) you can outrun the cops. Maybe they considered that the pacing. I flew by on the freeway as a cop was coming on the on-ramp. They didn't have my plate # and didn't "pace" me, but did call ahead for a speed trap. After I was pulled over 5 more police cars showed up! Each and everyone made me take a sobriety test (Police harassment?) They wouldn't let me get back into my car "No son, you're gonna sit on that bumper" (middle of December and very cold out), I was in a teeshirt and got pretty sick (more harassment?)<p>5. Radars have good range. They got me at the exit I was slowing down for. I was less than 70mph when I actually passed the cop.<p>6. Reckless driving doesn't come off the record in 3 years like normal points/DMV is incompetant. Was looking for insurance for the A4. <p>Insurance agent-"hey, you've got something on your record from 5 years ago!"<br>DMV-"We can't see anything on your record" <br>Company that insurance agent uses to scan DMV records-"You have a reckless Driving conviction. These stay on your record for 7 years" <br>DMV-"We still can't see anything on your record. Why don't you come down to the office which is only open M-F 9-4 and we'll straighten things out"<p>I still haven't gone in, but I can't believe that other people can see more than the DMV. Isn't their database?!?!?


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