Monterey County Radar Ticket help
#1
Monterey County Radar Ticket help
Can anyone help me with a recommendation for a traffic attorney in Monterey County?
The cop clocked me on radar me at 59mph in a 55mph zone, so I'm a whopping 4mph over. CAN you believe this? I guess it was a slow night. If there was ever a radar ticket than can be beaten, this has gotta be it, right?
Has anyone around here been cited for less than 5mph over the limit?, or do I have the honor of being the first?
The cop clocked me on radar me at 59mph in a 55mph zone, so I'm a whopping 4mph over. CAN you believe this? I guess it was a slow night. If there was ever a radar ticket than can be beaten, this has gotta be it, right?
Has anyone around here been cited for less than 5mph over the limit?, or do I have the honor of being the first?
#4
Man that sucks!!! I got pulled over this last weekend by a Hwy Patrol. He said he got me racing and never gave me a ticket to sign. He just said I would receive something in the mail by the district attorneys office. They really are getting desperate!! I was going to call and complain but decided not to. Couple lawyer buddies said for me not to even worry about it since he never gave me a ticket. Just harassing!!
Good luck with your citation.
Good luck with your citation.
#6
While the cop might be bitter and angry that you are in a porsche, the judge who is driving to the courthouse in his new Mercedes will be much less likely to care.
I would imagine it would go away if you just show up to court and explain to the judge what happened.
I would imagine it would go away if you just show up to court and explain to the judge what happened.
#7
One of the things I didn't miss when I left the peninsula was the over active traffic enforcement. As a matter of fact I was ticketed for going 1 mph over the limit on Hi 1 just north of the downtown Monterey exit at about 1 AM one Friday morning. Actually, I probably got the ticket for giving the CHP officer such a ration for having the nerve to stop me for 1 mph over.. on a very quiet night with no one else on the road. [It was almost worth it... almost.]
I can't make a recc and my situation was a long time ago but I can tell you absolutely.. the limit is the limit and you probably don't have a prayer without a lawyer. Do you really think most judges care all that much? Where do you think those salaries come from? If you can do a school instead that might be a good option. That, and an excellent radar detector for the future.
If you don't mind updating us as to how this turns out? [I would love to hear that you came out OK.]
Wish you good luck.
JR
I can't make a recc and my situation was a long time ago but I can tell you absolutely.. the limit is the limit and you probably don't have a prayer without a lawyer. Do you really think most judges care all that much? Where do you think those salaries come from? If you can do a school instead that might be a good option. That, and an excellent radar detector for the future.
If you don't mind updating us as to how this turns out? [I would love to hear that you came out OK.]
Wish you good luck.
JR
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#8
Unless you have a vendetta, paying for an attorney is no way worth it here. Just go to court and deny you were speeding if you want to put the time into fighting it. I'm near positive you won't get any points for this ticket, so if it was me, I'd just cough up the $100-$150 bucks and use my limited time elseware .
Best of luck regardless.
Best of luck regardless.
#10
I'd give trial by declaration a shot. My wife and I have each had tickets dismissed this way. Our tickets were for a stop sign and right on red violation and not speeding. You can still go to court or choose traffic school if you don't get the results you're hoping for.
#11
Couple of things:
What is your personal temperament? Can you DIY? It is not easy, but it is doable.
(I just beat two tickets, one an amazing "failure to obey a regulatory sign" for being parked, engine running, off the highway, off the on ramp, at a deserted exit, 2PM mid week, drinking a diet coke since I was falling asleep. The sign? A no parking sign. One point moving violation. 8 months. Not guilty. Dbag for sure.)
Great book, even if you hire a lawyer- Nolo Press, Author is Brown; How to fight your ticket and win in ca...soemthing like that. Good background even if just to know if your lawyer is a twit.
You WILL get either points, or you WILL use up your 'once every 18 months traffic school'...I guard my traffic school like it is gold. I get a 100+ and I want to be able to have my atty plead....
Also, I think the ability to take traffic school after a 'fight' may vary by court- check with the court clerk.
DO NOT just go 'tell your story'. This is a VERY rigged system. The 'patsies' are the citizens...the judge, clerks, cops all know each other and see each other regularly. Unless you FORCE the judge into a situation wherein he- if he finds against you- will be overturned on appeal, the judge will say 'guilty'. The judge will know, as the case builds, what kind of defendant he has...if you build a record properly and set your 'traps' correctly, he will reach a point where his risk of getting overturned on appeal overcomes his corruption by the process...
There are a spectrum of defenses and tactics for you to try. You can do a trial by written declaration (TBWD) and find out what the officer will say. Maybe he doesn't respond- dismissed. Then you have a trial de novo (TDN)..you can file discovery, you can subpoena calibration records (not the usual stuff, but even deeper than the usual). Was this a two lane road? They must have a valid speed survey... You can look into this right away. Other tactics include pressing for an immediate trial, not waiving your right to a speedy trial and hoping they mess up and calendar it too late...
But back to your question- no, I have no atty recommendations!
PM if you want more info.
A
What is your personal temperament? Can you DIY? It is not easy, but it is doable.
(I just beat two tickets, one an amazing "failure to obey a regulatory sign" for being parked, engine running, off the highway, off the on ramp, at a deserted exit, 2PM mid week, drinking a diet coke since I was falling asleep. The sign? A no parking sign. One point moving violation. 8 months. Not guilty. Dbag for sure.)
Great book, even if you hire a lawyer- Nolo Press, Author is Brown; How to fight your ticket and win in ca...soemthing like that. Good background even if just to know if your lawyer is a twit.
You WILL get either points, or you WILL use up your 'once every 18 months traffic school'...I guard my traffic school like it is gold. I get a 100+ and I want to be able to have my atty plead....
Also, I think the ability to take traffic school after a 'fight' may vary by court- check with the court clerk.
DO NOT just go 'tell your story'. This is a VERY rigged system. The 'patsies' are the citizens...the judge, clerks, cops all know each other and see each other regularly. Unless you FORCE the judge into a situation wherein he- if he finds against you- will be overturned on appeal, the judge will say 'guilty'. The judge will know, as the case builds, what kind of defendant he has...if you build a record properly and set your 'traps' correctly, he will reach a point where his risk of getting overturned on appeal overcomes his corruption by the process...
There are a spectrum of defenses and tactics for you to try. You can do a trial by written declaration (TBWD) and find out what the officer will say. Maybe he doesn't respond- dismissed. Then you have a trial de novo (TDN)..you can file discovery, you can subpoena calibration records (not the usual stuff, but even deeper than the usual). Was this a two lane road? They must have a valid speed survey... You can look into this right away. Other tactics include pressing for an immediate trial, not waiving your right to a speedy trial and hoping they mess up and calendar it too late...
But back to your question- no, I have no atty recommendations!
PM if you want more info.
A
Last edited by ard; 09-10-2010 at 05:13 PM.
#12
I got pulled over and ticketed recently, twice in 2 months. I paid an attorney both times..
The most recent court appearance wasyesterday, for a ticket for 108 in a 50 (hey, I had just put my straight pies on). So, after many court reschedules later, the cop didn't show up, and it was dropped.
Both tickets: dismissed
The most recent court appearance wasyesterday, for a ticket for 108 in a 50 (hey, I had just put my straight pies on). So, after many court reschedules later, the cop didn't show up, and it was dropped.
Both tickets: dismissed
#13
Todd,
You are in Harris County, the most overburdened Courts in the country and cops don't want to deal w/ the hassle or the traffic.
Here in beautiful Fort Bend County, they show up every time.
You are in Harris County, the most overburdened Courts in the country and cops don't want to deal w/ the hassle or the traffic.
Here in beautiful Fort Bend County, they show up every time.
#14
I got pulled over and ticketed recently, twice in 2 months. I paid an attorney both times..
The most recent court appearance wasyesterday, for a ticket for 108 in a 50 (hey, I had just put my straight pies on). So, after many court reschedules later, the cop didn't show up, and it was dropped.
Both tickets: dismissed
The most recent court appearance wasyesterday, for a ticket for 108 in a 50 (hey, I had just put my straight pies on). So, after many court reschedules later, the cop didn't show up, and it was dropped.
Both tickets: dismissed
i like this guy
#15
A few years ago I was cited for failure to stop for a pedestrian….ya right.
My short story.. driving back from a parts store ..about 200 yards down on the right side/. I see this individual set off the side walk and on to the cross walk. I hit to brakes.. Intending to slow and stop as I approached this cross walk. The person got back on the side walk.. I proceed to maintain my speed. As I approached, the person was wearing a yellow jacket that had CHP on it.. I looked at him and wonder – why he would just stand there. Needless to say, CHP came from the corner and ticketed me…. Moral of story, if any one even steps off and change their mind and just stands there..one is to stop … ya as for ticket- I was advised to just pay it and go to traffic school. .. I was set –up!
My short story.. driving back from a parts store ..about 200 yards down on the right side/. I see this individual set off the side walk and on to the cross walk. I hit to brakes.. Intending to slow and stop as I approached this cross walk. The person got back on the side walk.. I proceed to maintain my speed. As I approached, the person was wearing a yellow jacket that had CHP on it.. I looked at him and wonder – why he would just stand there. Needless to say, CHP came from the corner and ticketed me…. Moral of story, if any one even steps off and change their mind and just stands there..one is to stop … ya as for ticket- I was advised to just pay it and go to traffic school. .. I was set –up!