Won in traffic court!
04-25-2010, 02:20 AM
#1
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Won in traffic court! So last July, I got pulled over by CHP on my way to work. I was on the 5 North right by Del Mar Heights and Via De La Ville (San Diego), and made the stupid, stupid mistake of crossing into the carpool lane. Now, I never do that kind of stupid ****, but I was in a hurry, and sure enough, within ten seconds of getting in it seemed, I got nailed. Anyways, the cop at the time was a douche; told me to put my keys on top of the car. He made me sit in my car (granted, this is July, and my windows at hte time were up) for 25 minutes, only to come back, and give me FOUR citations; going 84 in a 65, Window Tints, Real Tail Light Out, and Crossing into the HOV, AND threatened to give me a fifth because I didn't have the original copy of the title in the car.
Anyways, after getting continuances for about 8 months, and slowly negotiating in court on them reducing fees and penalties, I went to court two days ago, and got 3 of the charges completely dismissed when I told the judge I was withdrawing my original agreement for a guilty plea because of insufficient evidence. (The judge asked me on what ground I had to fight the speeding ticket; I mentioned that when I was pulled over, I asked to see the radar gun, and the officer said he was pacing me, so he didn't have to have a radar.)
Anyways, what was originally $1100 dollars in fines ended up being 400 (for the car pool lane, which I took full responsibility for), and if i complete online traffic school by August, it'll be completely off my record.
Anyways, after getting continuances for about 8 months, and slowly negotiating in court on them reducing fees and penalties, I went to court two days ago, and got 3 of the charges completely dismissed when I told the judge I was withdrawing my original agreement for a guilty plea because of insufficient evidence. (The judge asked me on what ground I had to fight the speeding ticket; I mentioned that when I was pulled over, I asked to see the radar gun, and the officer said he was pacing me, so he didn't have to have a radar.)
Anyways, what was originally $1100 dollars in fines ended up being 400 (for the car pool lane, which I took full responsibility for), and if i complete online traffic school by August, it'll be completely off my record.
04-25-2010, 01:43 PM
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Yeah, the court system is a ******* mess...courthouse is closed every 3rd wednesday of the month, and apparently every other friday. Had to wait an hour just to CHECK IN, and after it was all set in done, I had been there almost four hours, but it was worth it.
Trust me people, if you ever get a ticket, and have a reasonable chance at winning it, take the chance. I knew I was guilty for the carpool lane ticket, but I sure as hell was not going 84 in a 65, so there was no way I was going down for that...
BTW, word of advice; red light tickets these days with cameras? Automatic $485.00. California is out to get your money, and unfortunately, CHP is their way of doing it.
Trust me people, if you ever get a ticket, and have a reasonable chance at winning it, take the chance. I knew I was guilty for the carpool lane ticket, but I sure as hell was not going 84 in a 65, so there was no way I was going down for that...
BTW, word of advice; red light tickets these days with cameras? Automatic $485.00. California is out to get your money, and unfortunately, CHP is their way of doing it.
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04-25-2010, 05:50 PM
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So you were guilty, admitted it, and lucked out and got an idiot judge. BTW, your insufficient evidence claim was and is total BS, you have no right to see a radar, radar doesn't have to be used to clock, nor does it usually record. FYI, CHP doesn't use radar traditionally they use LIDAR.
Good for you.
Good for you.
04-25-2010, 06:05 PM
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So you were guilty, admitted it, and lucked out and got an idiot judge. BTW, your insufficient evidence claim was and is total BS, you have no right to see a radar, radar doesn't have to be used to clock, nor does it usually record. FYI, CHP doesn't use radar traditionally they use LIDAR.
Good for you.
Good for you.
I agree with you that I got lucky. Considering the case bounced between four judges, into the hands of one of the friendlier ones, who I guess wanted to make it easy. It was my arraignment, so I technically shouldn't have even been able to plead my case, just enter in a plea, but the judge apparently wanted to get it all done right then and there.
I'm not saying I'm an attorney or anything, just lucky.
04-26-2010, 03:01 PM
#14
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But, it sounds like you went to court for the tickets, and then the cop didnt show up, so you can pretty much win anything that way.
Or was it that you went in to change your plea, and then they just were like "Cool, well we'll just go ahead and drop this stuff for you"?
04-26-2010, 04:08 PM
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But, it sounds like you went to court for the tickets, and then the cop didnt show up, so you can pretty much win anything that way.
Or was it that you went in to change your plea, and then they just were like "Cool, well we'll just go ahead and drop this stuff for you"?
But, it sounds like you went to court for the tickets, and then the cop didnt show up, so you can pretty much win anything that way.
Or was it that you went in to change your plea, and then they just were like "Cool, well we'll just go ahead and drop this stuff for you"?
The second one. It was technically my arraignment because my initial pleas were suspended, because of the continuances for the fix-it tickets, me coming up with money, etc.
When I showed the judge my proof of correction for the two fix it tickets, I then told her that I wanted to withdraw my original guilty plea as to count 1, which was speeding. The judge then asked on what grounds I had to do so; I told her that I wanted to contest the accuracy of the police officer's estimate with respect to my speed. She asked why I wanted to do that, and I explained to her that in the officer's own words, he said, "You were easily doing 100+ (which was horseshit) but I couldn't radar you, so I wrote you up for 84 in a 65." The judge explained that the officer did not need a radar, and I told her that I still wanted to exercise my right to a trial. She then looked over all of the paperwork for a minute, and said, "In regards to count 1, the court will drop the charge, as well as counts 3 and 4 with no fees attached." (meaning she dropped the speeding charge, and two fix its) and found me guilty of the carpool lane, which I took 100% responsibility for.
Like I said...I'm not trying to brag or anything, I was just happy and wanted to share. I don't claim to be a lawyer, or take credit for what I did, if that's what's making some of you bitch like girls. I know I got lucky, but hell, I'll take that anyday when it means saving 700 dollars.
04-26-2010, 04:11 PM
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But, it sounds like you went to court for the tickets, and then the cop didnt show up, so you can pretty much win anything that way.
Or was it that you went in to change your plea, and then they just were like "Cool, well we'll just go ahead and drop this stuff for you"?
But, it sounds like you went to court for the tickets, and then the cop didnt show up, so you can pretty much win anything that way.
Or was it that you went in to change your plea, and then they just were like "Cool, well we'll just go ahead and drop this stuff for you"?
It's funny because I actually saw the officer there at court who had pulled me over, I guess he was there for a different case. If I had plead not guilty and gone to trial, then I would have to bank on the officer not showing up; arraignments they're not there.
My best guess is that I think the judge just didn't want to push the case any further b/c of the courts being flooded with cases, and I got lucky.
04-27-2010, 02:14 PM
#20
So you were guilty, admitted it, and lucked out and got an idiot judge. BTW, your insufficient evidence claim was and is total BS, you have no right to see a radar, radar doesn't have to be used to clock, nor does it usually record. FYI, CHP doesn't use radar traditionally they use LIDAR.
Good for you.
Good for you.