Rep Power: 0

Today at 7:20am (after watching the Korea vs Germany match) my buddy and i began our trip back to our homes... so i take off first and drive at 55mph waiting for him to catch up. EVERYONE IS PASSING ME AT OVER 75mph! And guess what? My friend was just driving with the flow to catch up to me and got a speeding ticket (for doing 75mph). WTF is this bs? Visibility was great, weather was ideal, and even had his daytime running lights on.

This just plain sucks for him, 2nd speeding ticket in 3 weeks. Total of 3 speeding tickets in 1 year, but 1 was cleared thru traffic school. Is he going to have his license suspended? What can he do? I know that his insurance is going to kick him out for sure... [IMG]i/expressions/face-icon-small-mad.gif[/IMG]

-Drive Safely-

edit: This happened on the 10E close to the 5S intersection, in LA (California)

 
Rep Power: 0

Well, if he does get to keep his license, he's gonna have to grin, bear it, and drive the speed limit for some time. Better than not being able to drive at all.......

 
Rep Power: 0

That really sucks. Were the cops all different or the same one?

 
Rep Power: 0

is he under 21? i got my DL suspended for a year for having at least 2 moving violations in a year. i live in illinois though, and for the first two moving violations i got 3 mths suspended, and they went back in my record and found more, giving me a total of 1 year. kind of sucks, i got a lawyer and got my DL back in 6 or 7 mths.

 
Rep Power: 0

Next time, wait for your Buddy .....if your really his buddy.....

 
Rep Power: 0

The cops were different. The 1st one was in a residential area going 15mph over the limit, 2nd on the freeway (different cities)

He's 18 right now. And the reason why we were separated was because the freeway had the entrance signal (what do you call that again? Meter?). Since he was 2 cars behind me, i went first and kept doing 55mph...He usually tries to catch up to me so we can roll together.

So.. any more suggestions? I'm going to tell him about the lawyer idea, thanks.

 
Rep Power: 0

Well I dunno about where you are at, but where I live you can do something I think is called deferred adjudication, or deferred disposition or something like that. Basically what that does is you pay a fine and the ticket doesn't go on your record and your on like a probation period of like 6 months. During that time if you don't get another ticket you're fine, but if you get another one, both tickets go on your record and get reported to the insurance company and it sucks. He might wanna look into doing that..... just have to go slow for a while [IMG]i/expressions/face-icon-small-sad.gif[/IMG]

 
Rep Power: 0

Take the ticket to court. If the cop dosn't show then he gets off with no demerit points and no fine.
Cops usually don't show for minor speeding tickets. Someone I know got 5 speeding tickets in 1 year
and he went to court for them all and the cops didnt show all five times!!!

 
Rep Power: 0

tell him to drive the speed limit

 
Rep Power: 0

Where do you get your information? This IS NOT TRUE. Most cops do show for speeding tickets, and the state, just like the defendant, reserves the right to ask for a continuance if the P.O. does not show.

 
Rep Power: 0

Well put.

 
Rep Power: 0

In CA, there is the 3 point rule, bascially ur friend has 2 points on his record right now, if he gets 4 points, his licenece is GONE. so ur friend better watch out. Try to go to the court and ask for a level 2 traffic school this is a 12 hr traffic school and can be use to wipe out the secound ticket, since ur friend got it within 1 year. ALso, reason he got the ticket, but because he was going with the flow, because he was trying to catch up to you, moving in and out of other car, causing the cop's attentation. thats why ur friend got pulled over. Insurance will go up. and ticket price will go up also.
this is CA rules. I got a ticket and went to traffic school and learn all this..so it should be correct

 
Rep Power: 0

ok, i just gotta ticket for going 75 on a 65....i was trying to pass this guy in tha lane next to me to get into tha lane that exits, and i guess tha cop saw that...i live in cali, and if i go to traffic school, does my insurance go up also??

 
Rep Power: 0

New York State doesn't offer traffic school, so I don't know much about it; however I believe the purpose of it is to wipe whatever may have occured and can be used if you have a fairly decent record.

 
Rep Power: 0

You may attend traffic school if you have not attended in the past 18 months. To attend traffic school you must pay your bail plus $29, plus whatever the school charges. After you complete the school the points will not be reported to the DMV and your insurance will not find out.

<Edit> The $29 fee varies from jurisdiction to jurisdiction. </Edit>

 
Rep Power: 0

Per Vehicle Code section 12810.5a, a Class C negligent operator has

4 or more points in 12 months,
6 in 24 months, or
8 in 36 months.

The DMV may suspend and place on probation, or revoke, the license of a negligent driver. A minor may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (CVC 12814.6)

All that being said, this is the way you need to handle it. You are allowed two continuances (extentions) which are each about a month long. Use them both. Simply call the court clerk the day before or the day of your appearance date. You can litterally drag this whole process on for a good 6 months or more, that way if he does get convicted the points are spread out on his record and not all clumped together.

Has he gone to traffic school in the past 18 months? If he has not I suggest he goes that route to keep the points off his DMV record. If he has attended within the past 18 months, you need to fight this. It's not as hard as everyone thinks. Even if you lose the case, if you ask the judge for a Court assignment to traffic school you will almost always get it! I knew one guy that went to traffic school 11 times in 16 months. The court rarely hesitates to order traffic school if requested because let's face it, the state gets more money and the majority of the time that's what traffic citations are all about.

After your two continuances are up, request a "Trial By Declaration." This is where you write a letter to the Court explaining your case and the officer does the same. You must post bail at that time, but if you win it is refunded. The judge then makes a decision and you're notified by mail or you can call the court clerk to find out the verdict.

If you lose the Trial By Declaration, you have 20 days to request a "trial de novo" (a formal courtroom hearing) persuant to CVC 40902(d). This means you can get a second chance simply because you didn't like the outcome of the first trial. If you are convicted via the trial by declaration but the Court assigns you to traffic school, I would reccommend accepting that.

I recently beat a ticket for 100mph in a 65 zone using this method. Read this thread.

If you need some specific help, PM me. I'm always glad to offer any assistance I can.

 
Rep Power: 0

In TO the cops get paid mad overtime to go and show up when people fight a ticket - there was a cop here that had so much overtime becuase he was writing so many bogus tickets his salary after overtime was well over $110,000 - so I'm sure most of them will show up ......

 
Rep Power: 0

Yeah, my department is notorious for OT...everyone shows here.

 
Rep Power: 0

Thank you WD40, very helpful!

 
Rep Power: 0

Fight it, dude! At the very least I'd bet you can get traffic school. You've got nothing to lose, don't roll over and plead guilty!

 
Rep Power: 0

*I* didn't get the ticket, i'll tell my friend to fight it! OMG you know what REALLY sucked the most? In 4-5 hours he was about to get a brand new car 02 accord v6 coupe, but since he got the ticket he has to wait... [IMG]i/expressions/face-icon-small-mad.gif[/IMG] [IMG]i/expressions/face-icon-small-mad.gif[/IMG] [IMG]i/expressions/face-icon-small-mad.gif[/IMG]

 
Rep Power: 0

Right, any time I said "you" I meant your friend. Sorry about that.


Mmmmm... V6 coupe. *drooool*

 
Rep Power: 0

It's all right [IMG]i/expressions/face-icon-small-smile.gif[/IMG]

 
Rep Power: 0

V6 Accord yeah I would wait for the new one to come out, that is going to be sweet. But yeah its tuff not to speed I was in Phoenix today and I mean 65 and people are doing atleast 10 over so I mean you are more of a traffice hazard by going slow.

But yeah sucks for your friend but yeah I never really speed to catch up with bros of mine

Nick

 
Rep Power: 0

If he's 18 I don't THINK they will suspend his license. Because I think that law only applies to minors. At least that's what I remember of CA's laws and I think how AZ does it as well. Either way, sux for him. Me, I was speeding on the freeway the other day, and saw this Expedition coming up behind me fast, didn't realize it was a sheriff, and continued along at the same speed. The roof racks actually turned out to be sirens!! Never saw an Expedition unit in metro Phx before, but I was lucky, because he didn't pull me over!! [IMG]i/expressions/face-icon-small-cool.gif[/IMG] I definitely got lucky, and am driving slower.

 
Rep Power: 0

I'm not sure about that minor thing. WD40 would have to clarify that. As for New York suspensions, driving is a privledge and you can have that privledge taken away even if you are not licensed, so they don't care about the age.

 
Rep Power: 0

That is not correct. Look at the law closely:

Per Vehicle Code section 12810.5a, a Class C negligent operator has

4 or more points in 12 months,
6 in 24 months, or
8 in 36 months.

The DMV may suspend and place on probation, or revoke, the license of a negligent driver. <-- That applies to everyone.

A minor may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (CVC 12814.6) <-- That applies only to minors. This little section that deals with minors gives them less room for error, obviously.

 
Rep Power: 0

I stand corrected. Remembered it was something to that extent though [IMG]i/expressions/laugh2.gif[/IMG]