Grr, dickhead cop gives me 26 mph over limit speeding ticket

[Flat Six]

Originally Posted by biosurfer1

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]

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]

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]

Originally Posted by biosurfer1

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]

Originally Posted by biosurfer1

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!

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.

..

[carambola]

hire a lawyer

[DARISC]

Originally Posted by carambola

hire a lawyer

Spoken like a good lawyer.

[Zeke]

Originally Posted by biosurfer1

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.

[John Rogers]

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]

Originally Posted by Zeke

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.

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]

Originally Posted by john rogers

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]

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]

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]

Originally Posted by HHI944

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]

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]

Originally Posted by 5String43

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?

[strupgolf]

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]

Damn I ran out of popcorn lol

[Zeke]

Originally Posted by biosurfer1

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]

Originally Posted by strupgolf

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.