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

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

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


KT

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.

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

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.

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

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.

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.

This still cracks me up... NOT WORK OR KID FRIENDLY!!!!!
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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?

That's really funny! Thanks!

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

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.

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

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

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

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

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

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.

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!

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:

I never understood why there are any questions about penalties on the driving test. How does it make me a better driver to know how many points are assigned to this or that offense? If it's really something dangerous, staying safe is all the motivation I need.

I would have been truthful and forthright - i.e. volunteered that information.

"Gee Officer, I'm really sorry. I didn't realize it was a 55 zone. I guess I should have been paying better attention."

You will sometimes get off if the Officer thinks the traffic stop itself "did the trick" - also they hear so much bull that the truth sometimes shocks them! This actually happened to me about 14 years ago -- it helped that I had no tickets at all (40+ years driving when they pulled up my record - must have been from moving in & out of state, as I know I got a ticket in Oregon right after th 55 mph limit went into effect).

It sounds like he got a little engaged in thinking about the car he may inherit and yours and forgot to note everything. You could go to Ct. and argue that since he made that mistake, he likely made other mistakes also - such as your speed. That will change your odds of losing from 10 million : 1, to 9.9999 million : 1.

Sorry!

I would have been truthful and forthright - i.e. volunteered that information.

"Gee Officer, I'm really sorry. I didn't realize it was a 55 zone. I guess I should have been paying better attention."

You will sometimes get off if the Officer thinks the traffic stop itself "did the trick" - also they hear so much bull that the truth sometimes shocks them! This actually happened to me about 14 years ago -- it helped that I had no tickets at all (40+ years driving when they pulled up my record - must have been from moving in & out of state, as I know I got a ticket in Oregon right after th 55 mph limit went into effect).

It sounds like he got a little engaged in thinking about the car he may inherit and yours and forgot to note everything. You could go to Ct. and argue that since he made that mistake, he likely made other mistakes also - such as your speed. That will change your odds of losing from 10 million : 1, to 9.9999 million : 1.

Sorry!

I had a similar thing happen in Burbank. Ticket said i was driving an Acura Integra. I owned a Honda Accord at the time. I contested and was basically laughed at by the judge. Sorry man.

Around here, a cop can leave half the info off a ticket and you still wont beat it. 99% of the time its a waste to even try to fight it.

Sorry Dave, I do not know how much the fine will be. Also, when an officer conducts a traffic stop, he/she is not required to give you a citation. It is his/her discretion.

David

I got one dismissed years ago...LEO must have forgotten to change the date feature on his watch. Ticket was dated 31 June. I argued that I couldn't have been speeding on a day that doesn't exist. The judge agreed....

Not to hijack the thread, but I was ticketed about 2 months ago,78 in a 65. It is a notoriusly bad design for an interchange (you have to try to get over to the offramp while cars are entering the freeway and trucks are exiting and entering from the scales).

Anyway, I had a ticket apout 11 months ago and I was wondering if I could plead guilty and ask for traffic school even though it hasn't been 18 months between infractions. Can the judge make an exception?

Many years ago I got pulled over in Beverly Hills for passing on a double yellow. The arresting officer said he had intended to give me a verbal warning as it was around 5:30 AM and very little traffic, that is untill he noticed the 357 on the passenger seat. Then the whole game plan changed!

According to the "letter of the law," if the gun was not loaded there is no technical violation. That is unless you were a convicted felon or said something indicating that you intended to harm someone. If the ammo was locked in the trunk, you would be good to go.

David

get a lawyer and fight it.

there are enough inaccuracies on the ticket a good traffic lawyer should be able to get the whole thing dropped.

missing license number
passing cars at the time that were going below the speed limit.
only said exceeding 55 but didn't say what actual speed was.

I was in a '69 El Camino. No trunk and the center console didn't have locking capabilities. The gun was loaded when the officer witnessed the violation but was out of the console and laying on the passenger seat by the time he got to me. I had dumped the ammo between the seat and the center console and they rolled under the drivers seat. I attended an extended roadside interview before being transported to the BHPD for further discussion. The officer was convinced that I had unloaded the gun while he was making his u-turn but with out my confessing to it he had no grounds for anything except the driving violation. Which he wrote with extra enthusiasm. The gun was held for a couple days before I could get it back.

As I look online for that glimmering ray of dismissal, I read that California does report violations to all 50 states, but, there are some states that do not report Cali offenses. It was said that you should check with the local DMV in VA and see if they accept Cali offenses.

BTW, The point system on the cow question is modeled after Deathrace 2000. Like how many points for hitting a child or old person.

Craig, you should try and see if the court will let you go to a 12 hour course (second offense within 18 months). You'll most likely have to spend a couple of hours in court though, although cheaper than raised insurance rates.

It's all about $$. Hire a lawyer and I lose, not only do I pay the fine, but now lawyer fees as well. If the ticket had a few more holes in it, then maybe. Between the info shared here and what I have found online and through a lawyer friend, it will be in my best interest to pay the fine and take the online traffic school.

I was trying to pass the slow cars before the passing lane ended, but I don't think it will go over too well, when I tell the judge that the last car was 1/8 of a mile in front of me and that I was trying to get past him before the lane ended. The LEO did write down 70 MPH under the box marked "Speed Approx."

I will still call a couple of lawyers in the San Bernardino area and see what they say. The lawyer out here said that SB is rather tough and the fact that I was pulled over by the CHP, will make it tougher.

Dave

Go to class, dump the points, get close to that other 911.

**Update**
 

I received a notice in the mail a few weeks ago from the CHP. It was a correction form and the LEO filled n my DL and the form also served as an official "Proof of Service".

Anyway, I am relieved at the fine ($$). I was told that San Bernardino is one of the counties that you want to avoid getting tickets in, as they have a habit of issuing some of the highest fines....

Well, I was finally able to get the fine online and the fine is $169.00 - I was expecting about $250.00+, with a $29.00 fee "allowing" me to enroll in traffic school - which will also cost me, but less than $100.00

I still think and feel that I was "trapped", I don't see how the CHP can setup speed enforcement within a passing area, but oh well, I'll be good for the next 18 months.

BTW, this all wouldn't be that big of a deal, but when my bird became ill a week later, costing me $800.00 in emergency care, my finances were really stretched thin.

I did the online traffic school for my CHP ticket a few weeks ago and it was around $24 and took me about 90 min. to get through.

There are all kinds of procedural things that you can do to get out of a ticket. It's a lot of work, but it can work and often does. Look online and do some research. There are some specific legal terms and documents that you will need to deal with as well. Here is a summary:

1) ask for a continuance
2) ask again
3) change venue to the county seat (allowed in CA afaik).
4) when in court, there is a process by which you ask the judge for a prosecutor. The judge is supposed to be impartial and is not supposed to question the witnesses (cops).

Many times the cop will not show at the county seat, nor will there be a prosecutor available. If there is, expect the full fine =)

I am not an attorney and this should not be construed as legal advice. Do your own homework. YMMV

Gee, I got a parking ticket in Monterey...back in '66. Proper license # and state listed on the ticket. I placed it under the windshield wiper of a California Mercedes
parked behind me with an expired meter flag up. I knew I'd be in Oregon the next day. I've been sleepless ever since...worried that Clint Eastwood was coming for me. "Do you feel lucky punk???" :D