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-   -   Grr, dickhead cop gives me 26 mph over limit speeding ticket (http://forums.pelicanparts.com/off-topic-discussions/758814-grr-dickhead-cop-gives-me-26-mph-over-limit-speeding-ticket.html)

Flat Six 07-23-2013 02:17 PM

Quote:

Originally Posted by biosurfer1 (Post 7565156)
So a bit of an update:

It's been more than 3 weeks now and I have not heard a peep from the court and the date on my ticket is fast approaching so I called to find out the deal. Clerk asks for my ticket number and cant find it so she asks when I got it and I told her July 1. She then tells me it is taking 3 weeks for the PO's to turn in their tickets (huh?). I then mention that 3 weeks was yesterday and she says well that is just an estimate and they are not under any obligation to have them in by a certain date (good to know, wouldn't want them to rush being only 3 weeks to do their job)
This is where it gets interesting...I said the reason I called is because the date on the ticket is fast approaching and I don't know what to do. She then tells me that date is just an estimate of when they will have the case(?!?). I tell her no, it says in the box right above the date "Without admitting guilt, I promise to appear at the time and place indicated below" She did not have a response other than I should wait 10 days and if I still don't have anything should call back. 10 days will put me past the date on the ticket. Are they trying to get me with a Failure to Appear and tack on more revenue generating BS???


Same thing happened to me w/a CHP citation; took about a month (citation issued June 7; showed up in "the system" July 8). But court date (notice to appear) on my citation was August 5. Apparently local superior courts are backlogged more than usual. Does the county court system where you got your citation offer an online means to look up/verify citation status? Might be worth a try . . . .

biosurfer1 07-23-2013 02:42 PM

No they don't unfortunately, and Stockton's court is probably more backed up than normal with the city's bankruptcy.
I just love how the clerk is able to make up whatever reason they want and claim things that are not true.
I also just noticed that there is just a date on the ticket, no address, phone number or anything about what to do when the date comes. Guess just show up at the court house and hope they have signs. Tax money hard at work here :/

LWJ 07-23-2013 02:50 PM

I would read the California codes. There are typically time limits and such surrounding traffic violations. If they fail to serve notice, you will win by default. Start reading. You might just find an "out."

Flat Six 07-23-2013 02:54 PM

Quote:

Originally Posted by biosurfer1 (Post 7565354)
No they don't unfortunately, and Stockton's court is probably more backed up than normal with the city's bankruptcy.
I just love how the clerk is able to make up whatever reason they want and claim things that are not true.
I also just noticed that there is just a date on the ticket, no address, phone number or anything about what to do when the date comes. Guess just show up at the court house and hope they have signs. Tax money hard at work here :/

Maybe try this:

San Joaquin County Superior Court - Traffic Payment

Same link to pay citation, request traffic school, or request extension. You should be able to look up the citation number here; if not there then likely not in "the system" yet.

Hope this helps.

DARISC 07-23-2013 03:22 PM

Quote:

Originally Posted by biosurfer1 (Post 7565156)
It's been more than 3 weeks now and I have not heard a peep from the court and the date on my ticket is fast approaching so I called to find out the deal.

I'm pretty sure the court doesn't peep at perps. :)

The deal is, make it to the court on time or risk getting another ding called Failure to Appear...at which time a warrant for your arrest is put out thar.


She then tells me that date is just an estimate of when they will have the case(?!?). I tell her no, it says in the box right above the date "Without admitting guilt, I promise to appear at the time and place indicated below"

Yup. Yer dead right. Sooo, the deal is, make to the court on time or risk getting another ding called Failure to Appear...at which time a warrant for your arrest is put out thar...

She did not have a response other than I should wait 10 days and if I still don't have anything should call back. 10 days will put me past the date on the ticket. Are they trying to get me with a Failure to Appear and tack on more revenue generating BS???

Nah. Fact is, they jus' don' give a damn about yer anguished ruminations 'bout gettin' that 90 plus mph ticket. :(. They're not trying to get you to do anything. It's allll up to you! :eek:

Sooo, in keeping with the repetitious nature of your thread (:)),

The deal is, make it to the court on time or risk getting another ding called Failure to Appear...at which time a warrant for your arrest is put out thar.


SmileWavy

..

carambola 07-23-2013 03:54 PM

hire a lawyer

DARISC 07-23-2013 04:03 PM

Quote:

Originally Posted by carambola (Post 7565444)
hire a lawyer

Spoken like a good lawyer. :D

Zeke 07-23-2013 05:20 PM

Quote:

Originally Posted by biosurfer1 (Post 7565354)
No they don't unfortunately, and Stockton's court is probably more backed up than normal with the city's bankruptcy.
I just love how the clerk is able to make up whatever reason they want and claim things that are not true.
I also just noticed that there is just a date on the ticket, no address, phone number or anything about what to do when the date comes. Guess just show up at the court house and hope they have signs. Tax money hard at work here :/

I think elsewhere on the ticket are instructions on how to pay. That's what they really want is fro you to lay down and pay.

When they say "appear," they don't mean actually in the court room. Appearing is simply the vernacular for showing up at the payment window. If you want to do something about this, you will have to work a little harder.

As I may have said (or someone else said) go to court. Find the prosecutor and cut your deal. Don't forget to take the ticket with you as you apparently didn't have the thing when you called. :D

John Rogers 07-23-2013 06:12 PM

Have you thought of this:

"Trial by Written Declaration: A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement on a trial by written declaration by explaining the facts of your case and why the court should rule in your favor."

I did it and got my $$$$ back several years ago.

biosurfer1 07-23-2013 07:10 PM

Quote:

Originally Posted by Zeke (Post 7565624)
I think elsewhere on the ticket are instructions on how to pay. That's what they really want is fro you to lay down and pay.

When they say "appear," they don't mean actually in the court room. Appearing is simply the vernacular for showing up at the payment window. If you want to do something about this, you will have to work a little harder.

As I may have said (or someone else said) go to court. Find the prosecutor and cut your deal. Don't forget to take the ticket with you as you apparently didn't have the thing when you called. :D

What am I supposed to pay? They claim nothing is in the system yet. I did have the ticket right in front of me and told it to her the number, she is the one who couldn't find anything in their system.

Both lawyers (talked to 2) said the same thing. They can't do anything with a ticket, they need a case number which apparently they haven't gotten around to.

biosurfer1 07-23-2013 07:12 PM

Quote:

Originally Posted by john rogers (Post 7565707)
Have you thought of this:

"Trial by Written Declaration: A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement on a trial by written declaration by explaining the facts of your case and why the court should rule in your favor."

I did it and got my $$$$ back several years ago.

This is what I will probably do John. I don't even care about getting my money back, though it would be nice. I just want the actual speed I was going to be what I pay for, not the BS 96mph the officer wrote.

HHI944 07-23-2013 07:14 PM

Discovery Discovery Discovery.....
make them work for their dime....
they don't want to do that and will often reduce or drop entirely if you file a well drafted and reasonable discovery that would cause them 10s of hours of paralegal time.

speeder 07-23-2013 09:55 PM

Fight it. You've got nothing to lose. But "cruising" along on the 5 @ 90+ is just begging for a ticket. What were you thinking?

Sure, everyone is going 5-10 over the 70mph limit. That means that cops are looking for idiots going 10-15 over the limit or faster. And you don't know how fast you were going exactly, that's BS. And that's coming from an inveterate speeder. It's even my name on the Internet.

cashflyer 07-24-2013 05:15 AM

Quote:

Originally Posted by HHI944 (Post 7565815)
Discovery Discovery Discovery.....
make them work for their dime....
they don't want to do that and will often reduce or drop entirely if you file a well drafted and reasonable discovery that would cause them 10s of hours of paralegal time.

What sort of discovery request would you file for a speeding ticket?
(IE: What exactly would you ask for?)

5String43 07-24-2013 05:40 AM

I am told by people who have family members inside the CHP that on some sections of the 5, anything over the limit is good for a citation. Mostly, in the 30 years I've spent cruising between L.A. and Modesto and back to get to the family ranch, you can get away with five over and not much more.

So: V5.

Second thing: Refer to my recent post about Cal Vehicle Code Section 40502 (b). You can find it here:

The California Files: How to Beat A Traffic Ticket in California

speeder 07-24-2013 05:49 AM

Quote:

Originally Posted by 5String43 (Post 7566209)
I am told by people who have family members inside the CHP that on some sections of the 5, anything over the limit is good for a citation. Mostly, in the 30 years I've spent cruising between L.A. and Modesto and back to get to the family ranch, you can get away with five over and not much more.

So: V5.

Second thing: Refer to my recent post about Cal Vehicle Code Section 40502 (b). You can find it here:

The California Files: How to Beat A Traffic Ticket in California

That ticket info, (that you can get the jurisdiction changed to your home county), is not at all what the statute says. Did you read it? :confused:

strupgolf 07-25-2013 12:51 PM

You were driving 88-90 on a Cal. highway, oh that's just fine. You deserve everything they give you and maybe lose your license for a year. That is irresponsible to say the least. Society does not need jerks like you on the road.It gives all Porsche owners a bad name.

bell 07-25-2013 12:54 PM

Damn I ran out of popcorn lol

Zeke 07-25-2013 01:19 PM

Quote:

Originally Posted by biosurfer1 (Post 7565801)
What am I supposed to pay? They claim nothing is in the system yet. I did have the ticket right in front of me and told it to her the number, she is the one who couldn't find anything in their system.

Both lawyers (talked to 2) said the same thing. They can't do anything with a ticket, they need a case number which apparently they haven't gotten around to.

I was discussing this yesterday. They might know the typical fine amount for most infractions plus the fees. They would hold the money as bail until the ticket got into the system. Then, if you do nothing, your bail is used to pay your fine. If they can't tell you what the fine is, then you've done all you can as far as showing up.

You want more, though. You want a hearing or something that will give you a chance to explain your issue with the ticket. AFAIK, you still have to post bail to start that process.

I could be wrong. I haven't been through this for many years.

biosurfer1 07-25-2013 01:19 PM

Quote:

Originally Posted by strupgolf (Post 7568662)
You were driving 88-90 on a Cal. highway, oh that's just fine. You deserve everything they give you and maybe lose your license for a year. That is irresponsible to say the least. Society does not need jerks like you on the road.It gives all Porsche owners a bad name.

Ah internet trolls, you make me laugh. Big, tough words as you cower behind your keyboards.:rolleyes:

strupgolf 07-25-2013 01:49 PM

Oh no, I don't cower behind my keyboard. I call a young irresponsible dickhead driver exactly what I think of his kind of behavior on the road. I've been out there and have seen this type of driver, you, and don't like it one bit. I hope they throw the book at you and get you for 96. This kind odd driving is suited to a TRACK, not the streets, where you could cause all kinds of havoc. I stand behind all I say.Oh, and I make you laugh, well laugh all the way to the bank for all the money it's going to cost you.

Zeke 07-25-2013 02:02 PM

Quote:

Originally Posted by speeder (Post 7566237)
That ticket info, (that you can get the jurisdiction changed to your home county), is not at all what the statute says. Did you read it? :confused:

Tough language to follow, but let me attempt to help. JFT states in his blog,

"So here's the deal. If you get a ticket in Mojave and live in the greater Los Angeles area, you invoke this part of the Vehicle Code and take your chances. Maybe the officer shows up in downtown L.A., maybe not. If you live in the greater Los Angeles area and get a ticket in, say, Bishop or Shasta County, you most certainly ask for the hearing to be held in your county seat. Chances are you'll be good to go because probably the officer is not going to show."


From the CA site: V C Section 40502 Place to Appear

"This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the court or other magistrate nearest or most accessible to the place where the arrest is made."

That would make this seem true to me:

"The ideal time to make the demand is before the officer writes the ticket, but you may legally make the demand any time before signing the ticket. (When an LA County deputy refused to give Geo. McCalip a change of venue, Geo. signed the ticket, "40502(b) Under Protest Geo. McCalip." This forced the judge in Compton to reassign the case to LA Metro (downtown LA), where the case was dismissed at arraignment)."

But I don't think getting a ticket moved from Shasta County to L.A. County is going to happen as JFT says in his first statement.

Zeke 07-25-2013 02:07 PM

I would just like to add that anyone who has participated in one of the years past holiday runs probably has little room to throw stones.

biosurfer1 07-25-2013 02:49 PM

Save your breath (or typing?) Zeke. Obviously anyone who has ever sped before is a POS jerk dickhead according to Mr. Perfect.

As far as moving the venue, I doubt that would work since the court is less than 40 minutes from here, but nice advice anyways.

Still nothing in the system so will continue to wait

mikeesik 07-25-2013 03:23 PM

A cop...a "dick head".
No way!

Tobra 07-25-2013 05:11 PM

Quote:

Originally Posted by strupgolf (Post 7568662)
You were driving 88-90 on a Cal. highway, oh that's just fine. You deserve everything they give you and maybe lose your license for a year. That is irresponsible to say the least. Society does not need jerks like you on the road.It gives all Porsche owners a bad name.

Do you comment on things you know about too, or just when you have no idea what you are talking about?

mikeesik 07-25-2013 06:04 PM

I never get annoyed with people going faster than I. UNLESS ITS IN A NEIGHBORHOOD!
Big favor..danger out of the way and they have to be focused.

But this year what I have experienced in drivers makes me wish I had a raygun!
I can pick, race, age, gender,of what is driving 90% of the time.I will put cash on this.
The newest anomoly that Ive noticed is/are people not knowing how to make a smooth left turn from an intersection.
People cut the corner too quickly where as they should somewhat square it off.
They aim for the lowest apex and usually end up after the turn into the outside lane and ten back into the inside lane!
This has gotten bad in the last two years.
Everywhere you are, people cut the corner and then are surprised that if they continued they would have run into you.
I dont recall much of a problem like this a few years ago.!

strupgolf 07-26-2013 05:34 AM

Quote:

Originally Posted by Tobra (Post 7569079)
Do you comment on things you know about too, or just when you have no idea what you are talking about?

I know exactly what I'm talking about. As a professional driver, I see his type of driving every day. You would not believe what I've seen over many years on the road. Most of the accidents are caused by speeding, people who drive 90, or 95 on busy roads and think those speed limits are a joke, and for only the other driver. If you all think I'm crazy, so be it. I've never had an accident in my life. And if you think it's ok to go 90 on the freeway, think of the other guy first, save him from your reckless behavior. I get my rush going 100, but it's on a track. To those that get it, great, the others never will.

Jim Richards 07-26-2013 05:38 AM

Quote:

Originally Posted by strupgolf (Post 7569680)
I know exactly what I'm talking about. As a professional driver, I see his type of driving every day. You would not believe what I've seen over many years on the road. Most of the accidents are caused by speeding, people who drive 90, or 95 on busy roads and think those speed limits are a joke, and for only the other driver. If you all think I'm crazy, so be it. I've never had an accident in my life. And if you think it's ok to go 90 on the freeway, think of the other guy first, save him from your reckless behavior. I get my rush going 100, but it's on a track. To those that get it, great, the others never will.

I agree. The track is where you should go to drive fast. Drive smart off the track.

biosurfer1 07-26-2013 06:46 AM

Quote:

Originally Posted by Tobra (Post 7569079)
Do you comment on things you know about too, or just when you have no idea what you are talking about?

No, he doesn't. He is just like every other internet troll. He makes assumptions based on who knows what and starts telling everyone else how they should live their life.

You can see it in his posts, he starts to twist the facts to support his claims. In his last post he is talking about people driving 95? No one was driving 95. On a busy road? There was maybe 4-5 other cars I could see in either direction, but obviously the troll knows better, since he was there.

Of course the biggest tell tale sign of a troll is how perfect they are. They NEVER break a traffic law (BS). They NEVER have an accident (who had an accident in this tread again?) Everyone else is the problem, not them.

And you're right, I wouldn't believe what you have seen on the road, because you are a liar.:rolleyes:

SmileWavy

strupgolf 07-26-2013 01:56 PM

Oh, right, I'm the liar?. I was not driving 96, like you were, based on fact, RADAR. I was not driving 96, you were. We, 're not here talking about me breaking any laws, you did. No, I've never had an accident, not one, because I know how to drive, both fast and slow.And, no, everyone else is not the problem, just you. Don't come on here looking for sympathy because you don't deserve it by your behavior. Some of us understand, but you never will.Case closed on my part.

Jeff Alton 07-26-2013 08:53 PM

Quote:

Originally Posted by biosurfer1 (Post 7525698)
This was the first road trip in my 968 and he sure showed that must-be-arrogant Porsche driver, I'll give him 26 mph over the limit so it goes on his insurance.

FU!

Couple of things likely already stated.

-You were speeding, and you admit that, but you dispute by how much. Fair enough.
-You have a car that likely does not have a speedometer as accurate as radar, despite GPS. You could go to court and say your equipment is more accurate than the Police equipment, but that may not work well.
-You verbally attack people who think 90 on the freeway could be reckless. Well guess what?, it can be reckless in some situations. I don't know what the traffic was like when you got pulled over so I won't comment.

The quote above , coupled with calling the cop a dickhead for doing his job, though makes me wonder a bit... Do you really think a cop is trying to "show" something to a driver of a 20 year old car that is worth less than pretty much any new entry level offshore import??? Don't get me wrong, the 968 is a great car, but it is not like you were driving a GT3RS where this statement may have some small chance of being close to reality.... To me this sounds like you are the guy with the Porsche hangup, not the cop.

The debate about speeding will never end. There will always be one side of highly skilled car control experts who think the limits are too low (and in many cases they are likely correct) and the limits are only there to provide revenue for local gov't. And then there is the other side of left wing protectionists who think 2 mph over the limit should net you jail time. Both feel strongly about their side, hence the debate will never end. I say this tongue in cheek, but it is fairly accurate.

I drive fast on the track. I have friends that drive fast on the street. They consider driving fast on the track unsafe, I consider driving fast on the street unsafe (doesn't mean I never do it). We agree to disagree and remain friends. The last (and 3rd speeding ticket in 27 years of driving) I earned. That was 15 years ago. I didn't feel the need to debate a couple of MPH with the officer. Mind you, the difference were only monetary back then and did not include classrooms or other stuff faced by speeders in some jurisdictions today.

DARISC 07-26-2013 09:18 PM

Grr, dickhead speeder busted for 26 mph over limit speeding ticket whines like little girl on Internet bulletin board. :rolleyes:

biosurfer1 07-27-2013 09:04 AM

Jeff... I never mind a view from the other side and can understand your points.

as for verbally attacking someone, its only dumbasses like darisc and strup who add nothing to conversation who earn that treatment, however I should follow Porsche-O-Phile's sig and just ignore them from now on.

DARISC 07-27-2013 11:06 AM

Quote:

Originally Posted by biosurfer1 (Post 7571774)
...as for verbally attacking someone, its only dumbasses...

Oh, the "dickhead cop" irony. :rolleyes:

Flieger 07-27-2013 12:13 PM

I tried trial by written declaration and it didn't work. I was cited for doing 40 in a 35 by a cop who waited until I was literally a mile away on a canyon road to start following me. I stopped for the siren because I thought there was a fire or something. I had seen him on the way up the hill and down, so I was taking it easy in second gear and not speeding. That didn't matter in his made-up world. Apparently "pacing" means "racing to catch up to the car that had a mile head start".

Lesson learned: when you hear a siren on a canyon road, hit the throttle. That would have saved me as the cop never could have pulled back a mile on me in the 911.

The cruel irony is that the next week I noticed the speed limit was now 45, so I have a ticket for doing 5mph under the reasonable and prudent speed.

But, in your situation I don't think writtend declaration will help. If I couldn't get out of 40 in a 35 I don't think 96 in a 70 is any more likely.

Jeff Alton 07-27-2013 09:11 PM

Quote:

Originally Posted by biosurfer1 (Post 7571774)
Jeff... I never mind a view from the other side and can understand your points.

as for verbally attacking someone, its only dumbasses like darisc and strup who add nothing to conversation who earn that treatment, however I should follow Porsche-O-Phile's sig and just ignore them from now on.

All good, hope you saw of my attempt at light humour... :)


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