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Old 03-21-2012, 11:01 AM   #15
emk6
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so uh...how much is the ticket?
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Old 03-21-2012, 11:07 AM   #16
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I think it's a pretty well written letter and definitely not long. I did TBD twice and had a full victory once and partial second (I tried to argue 20 MPH over the posted and got it reduced to 5)...

Did you ask to see the officer's LIDAR gun readout, gun number and last calibration date?
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Old 03-21-2012, 11:10 AM   #17
TommyD
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So are you like a law student with a lot of time on your hands but little money?
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Old 03-21-2012, 11:33 AM   #18
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I didn't read your letter, but I'd recommend Mr. Ticket. They got me out of a speeding ticket, as well as my friend (on NUMEROUS occasions).
$99 and they take care of everything.
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Old 03-21-2012, 11:36 AM   #19
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So are you like a law student with a lot of time on your hands but little money?
A TBD requires you to pay your fine up-front - that means you pay THE WHOLE thing... if you win, they refund you - or they give you a partial refund if you have a partial victory.

The nice thing about TBD is that if you get a verdict that is not favorable to you, you have the option of requesting a Trial de Novo - basically a brand new trial with the previous judgement not being considered. I think it's the only provision in the entire legal system that allows for a new trial in the event the defendant receives an unfavorable verdict
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Old 03-21-2012, 11:38 AM   #20
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In order to fight the ticket, you need to disprove the premise of the ticket. The ticket was for going over the speed limit, not reckless driving. Ergo, you can say you were driving safe and following the flow of traffic or whatever you want, but until you cast doubt on the officer's observation that you were in excess of the speed limit, you're effed.

Go to court, hope he doesn't show up.
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Old 03-21-2012, 12:09 PM   #21
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Dude, hire one of these ticket lawyers. I just got a call from a guy I hired back in December. My ticket had me freaked out. He got me doing 71 in a 40 and it was a construction zone. That was at least a 1000 ticket plus mandatory court appearance and court costs according to the ticket.

I hired on these guys that send you stuff in the mail, since it seemed worth a shot for 99 bucks.

He got the whole thing dropped! No points, nothing.

Now I have s great record for over 15 years and it really was not a construction zone and I Know I was not going that fast, but from what I understand these lawyers dont use none of that to get you off. They use "procedural errors", whatever that is. Shit worked, and I have 900 bucks extra!
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Old 03-21-2012, 12:10 PM   #22
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I wouldn't use the word "elucidate". Sounds like your trying too hard with that one.

Other than that, I agree you should be a little more concise and say you were going with the flow of traffic like the others said.


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Old 03-21-2012, 12:21 PM   #23
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You admitted guilt to the charge. It's traffic court. They just want the checks to roll through. You pled not guilty and then admitted to the charges. The prosecuting attorney can make the argument that the officer is just one and there are many cars on the road. You will lose if you use this argument. You may be able to negotiate a deal with the prosecutor for you to pay the fine with no points so that your insurance doesn't go up, but your argument is too long, verbose, and it repeats itself multiple times. You're just going to piss them off.
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Old 03-21-2012, 12:25 PM   #24
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My general rule:
1. if Ticket is 0 points then pay it.
2. If ticket is not 0 Points then fight it. Fight the points not the ticket. You might be able to convince the CHP officer to go down to a lesser no point ticket before the trial. I've done this before at court (Not a lawyer) The State wants money. The cop is trying to do his job (aka quota.) What do you want? Hint: No Points.

Give the solution that makes everyone happy. Simple.

Your argument might backfire on you. It might lead to a prolong case if the Judge is a real dick.
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Old 03-21-2012, 12:26 PM   #25
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Quote:
Originally Posted by Tireiron Mike View Post
My general rule:
1. if Ticket is 0 points then pay it.
2. If ticket is not 0 Points then fight it. Fight the points not the ticket. You might be able to convince the CHP officer to go down to a lesser no point ticket before the trial. I've done this before at court (Not a lawyer) The State wants money. The cop is trying to do his job (aka quota.) What do you want? Hint: No Points.

Give the solution that makes everyone happy. Simple.

Your argument might backfire on you. It might lead to a prolong case if the Judge is a real dick.
If the judge is a dick then you can beat him down with a tireiron.
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Old 03-21-2012, 12:27 PM   #26
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I got hit by 79 in a 70. And they didn't dismiss that either... you're hosed.
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Old 03-21-2012, 12:56 PM   #27
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I understand why you want to fight it. Hell, I only got into one at-fault accident and my insurance went up $300/6mos because I lost my good driver discount + got surcharged on top of it. I imagine if that were a ticket instead of an accident the same thing would happen to my insurance.

That said, I would just take traffic school if they offer it. You can even do it online now and it effectively makes your ticket a 0 point ticket, which is what you should be aiming for at minimum. But if trial by declaration doesn't close the door to doing traffic school later on, I'd give it a shot, since you're going to be out the money anyway regardless.
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Old 03-21-2012, 01:05 PM   #28
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Aren't traffic tickets strict liability? I don't think you are best served by arguing that 80mph is actually safe.
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