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-   -   Speeding ticket/CHP did not write my DL number. Advice. (http://forums.pelicanparts.com/off-topic-discussions/414889-speeding-ticket-chp-did-not-write-my-dl-number-advice.html)

slodave 06-15-2008 04:11 PM

Speeding ticket/CHP did not write my DL number. Advice.
 
Hi,

First off, I am willing to accept the fines and traffic school for my error, but....

We had our annual Big Bear run yesterday and on the way home, I was pulled over for speeding. Granted, I do tend to drive a bit fast day to day, but usually, it's because everyone else is driving faster than the limit as well. I was driving down the mtn by myself, not with the group.

I wasn't trying to be a speed demon going down the hill yesterday, but at certain points, cars in front of me were going a lot slower than the speed limit and that was irritating. At appropriate points, I would pass the slower traffic, as was the case when I was pulled over. It's a two lane highway, but at certain areas the lane would become two lanes for passing - it's posted. There were three cars in front of me and slow. The third car was a bit in front of me, so I did speed up to try and pass him before the lane ended. As I did this, I passed a CHP at the side of the road. He asked how fast I was going and I honestly answered with "I don't know". I didn't I was too busy paying attention to the scenery and the road.

Anyway, I noticed that the CHP officer did not put down my DL # on the ticket. He filled in the line with my cars license plate #, there was another place for that number and he filled it in there as well. A number of guys on the board think I should try an fight the ticket. I am thinking about this as well - only because of the error. Normally, I'd just accept the ticket.

What is the procedure in California for fighting a ticket? I have heard that I should seek a continuance on the court date, plead not guilty.... If I go this route and the ticket is not dismissed, can this cause the fines to be even more than they would if I had just accepted things?

Again, I am only looking for info from anyone that has been in this type of a situation.

Dave SmileWavy

http://forums.pelicanparts.com/uploa...1213504047.jpg

MRM 06-15-2008 04:14 PM

Not writing in the DL number is sloppy but it has no legal effect on your ticket.

stomachmonkey 06-15-2008 04:17 PM

Hah, Ray got a 90 in a 70 an hour out from my house this morning.

Guy was coming the other way, detector went off early enough for him get down to 90, he was doin 110.

trekkor 06-15-2008 04:22 PM

I'm glad you didn't get tasered...


KT

legion 06-15-2008 04:25 PM

I got a ticket for window tinting thrown out because the DA forgot to ask me if I was driving the vehicle when the ticket was issued.

As a rule, I challenge all traffic tickets in court. I've only gotten that one thrown out.

aigel 06-15-2008 04:33 PM

I fight local police citations with a "trial by written declaration". Usually my wife gets these local citations. I have had 3 tickets thrown out this way. Usually because the local police is too busy to write and then the case is dismissed.

CHP I have tried myself and two other buddies. 0% success. CHP officers obviously do their paperwork.

If the trial by written declaration is not in your favor, you can still go to court. However, note that you can not go to traffic school once you go with a trial by written declaration.

In summary, in your case, I would pay the fine and go to traffic school. Trial by written declaration only if you are out of traffic school options and / or if you get a ticket by the local town police.

I am going the speed limit these days and spend my money on track events instead of tickets. ;)

Hope this helps,

George

slodave 06-15-2008 04:36 PM

Quote:

Originally Posted by MRM (Post 4004660)
Not writing in the DL number is sloppy but it has no legal effect on your ticket.

I have heard over the years, that the courts have a habit of dismissing most tickets that are missing info in Cali. I am not one to contest tickets and I am hesitant in even posting about this, as I don't need to be lectured with the "you were speeding and now you are trying to get out of the ticket", but on the other hand, I think most people would try and get off with a ticket like this.

Quote:

Originally Posted by stomachmonkey (Post 4004661)
Hah, Ray got a 90 in a 70 an hour out from my house this morning.

Guy was coming the other way, detector went off early enough for him get down to 90, he was doin 110.

I hope it doesn't impact Ray's ins.

Quote:

Originally Posted by trekkor (Post 4004669)
I'm glad you didn't get tasered...

KT

First words out of my mouth "Don't taze me bro!", then I tore up the ticket, made my car rock back and forth as I irately screamed at the top of my lungs.

Actually, the LEO was very nice and apologetic. His dad (maybe grandfather) has a '65 911 with 30,000 miles (I told him it was not being driven enough). LEO said he was probably the one that will inherit the car. He said it hasn't been driven in years.

slodave 06-15-2008 04:45 PM

Quote:

Originally Posted by aigel (Post 4004683)
I fight local police citations with a "trial by written declaration". Usually my wife gets these local citations. I have had 3 tickets thrown out this way. Usually because the local police is too busy to write and then the case is dismissed.

CHP I have tried myself and two other buddies. 0% success. CHP officers obviously do their paperwork.

If the trial by written declaration is not in your favor, you can still go to court. However, note that you can not go to traffic school once you go with a trial by written declaration.

In summary, in your case, I would pay the fine and go to traffic school. Trial by written declaration only if you are out of traffic school options and / or if you get a ticket by the local town police.

I am going the speed limit these days and spend my money on track events instead of tickets. ;)

Hope this helps,

George

It's a 1.5 hour drive each way to the court, plus gas. If I had a fair chance at dismissal or if the ticket is upheld and the fines do not go up, I would give it a chance and possible end up paying $50.- for gas and my time, plus the ticket fines. A written declaration, I think, would be a waste of time. I would be banking on the judge dismissing the ticket for the mistake and/or the LEO not showing. Oh, I don't want to give up the ability to go to traffic school either.

Normally, I drive with the flow of traffic - which is already going faster than the limit.

BTW, this is the first speeding ticket in 6+ years.

LeeH 06-15-2008 04:51 PM

Quote:

Originally Posted by slodave (Post 4004689)
First words out of my mouth "Don't taze me bro!", then I tore up the ticket, made my car rock back and forth as I irately screamed at the top of my lungs.

This still cracks me up... NOT WORK OR KID FRIENDLY!!!!!
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/uj0mtxXEGE8&hl=en"></param><embed src="http://www.youtube.com/v/uj0mtxXEGE8&hl=en" type="application/x-shockwave-flash" width="425" height="344"></embed></object>

Rick Lee 06-15-2008 04:56 PM

This has me wondering now. When I got a CHP ticket in April, they did write everything down correctly from my then-VA license. But last week I got my AZ license. I paid the fine a while ago and have until late July to do the online traffic school to keep it off my record. But if I blow off the traffic school, will they still be able to get it onto my record, since I've changed licenses? And does CA report to VA anyway?

slodave 06-15-2008 05:05 PM

Quote:

Originally Posted by LeeH (Post 4004709)
This still cracks me up... NOT WORK OR KID FRIENDLY!!!!!
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/uj0mtxXEGE8&hl=en"></param><embed src="http://www.youtube.com/v/uj0mtxXEGE8&hl=en" type="application/x-shockwave-flash" width="425" height="344"></embed></object>

That's really funny! Thanks!

Rick Lee: I have no idea. But I think we will both be going to traffic school.

legion 06-15-2008 05:05 PM

Rick, I'd say no, you won't be found.

I had a (not-so) friend with DUI's in multiple states. It never caught up with him.

DavidI 06-15-2008 07:08 PM

Dave, unfortunately the missing information will be irrelevant in court. With the other information, you can be identified as the driver of the car. This issue would only come up if there was some type of discrepancy.

Sorry bud, David

LWJ 06-15-2008 07:46 PM

The question is: will the database find you?

My experience. In 1992, I got a parking ticking, I know, a different deal but perhaps relevant to this situation. The ticket listed my Lic Number as "California" and I have an Oregon license.

I never paid it as I knew they couldn't find me.

Good luck. You might just pass through the system.

Larry

slodave 06-15-2008 07:52 PM

Quote:

Originally Posted by DavidI (Post 4004939)
Dave, unfortunately the missing information will be irrelevant in court. With the other information, you can be identified as the driver of the car. This issue would only come up if there was some type of discrepancy.

Sorry bud, David

Well, since you chimed in, I guess I won't be pursuing this much further. I was thinking about PMing you, as I did not think you would publicly want to share info. Thanks for chiming in!

Wayne, last time I had a ticket, I did online with a 6 pack of beer and as well, finished in record time.

Thanks for all the replies and input! SmileWavy

DavidI 06-15-2008 08:10 PM

No problem at all Dave. Sorry you got a ticket my friend, David

84porsche 06-15-2008 08:20 PM

Hey Dave,

Sorry to hear about your ticket. I wonder why he didn't let you off with a warning? I assume they can still do that.

Be glad your ticket wasn't in the OC, my last 2 traffic tickets have cost me 2 saturdays at the courthouse (no online traffic school allowed). My average ticket is every 3 years and this is year 3 and still have 6 months to go.

Thanks again for the planning.

Chris

Rick Lee 06-15-2008 08:33 PM

I'd love to pick the brain of any gov't/ bureaucrat or politician who thinks online traffic school makes one a safer driver. If it did make folks slow down, the state would suffer from a lack of fine revenue. What a joke.

slodave 06-15-2008 08:34 PM

David, the LEO said he got me at 72MPH. I only wish I knew what my speedo was reading, nor did I realize that I was in a 55 zone. Since I am eligible for traffic school, I am not worried about points or ins rates going up. The fine is going to hurt though. Any ideas on what it might be? I am expecting over $200.-

Chris, the LEO let me know right off the bat that they were out for speed control. I think he may have let me go with a warning, if he had asked a couple of questions before handing me the ticket. When I told him that I was trying to pass the last car before the end of the passing lane, he said he was sorry.

As I said before, this is the first speeding ticket in 6+ years. I don't make a habit of speeding - especially in the 911. I don't have a radar detector for this reason, although it may have saved me this time around.

Onward!

slodave 06-15-2008 08:36 PM

Quote:

Originally Posted by Rick Lee (Post 4005064)
I'd love to pick the brain of any gov't/ bureaucrat or politician who thinks online traffic school makes one a safer driver. If it did make folks slow down, the state would suffer from a lack of fine revenue. What a joke.

The question I remember the most - from online TS is "how many points do you get for hitting a cow. 10, 50, 100, none". 100% true question from the quiz! :eek:


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