Got Exhibition of speed ticket

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flyfishz
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you have to have the right to have your attorney present. They are totally used to pushing out the calender. Only play that card if the CHP is in the room. If he is not there. plead not guilty.

Your right to a speeedy trial gets you off the hook because the officer isn't there.


Altiman94
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fly you are one lucky guy. Had 5 tickets myself and I've paid them all,never fought one. Been through 1 lcience suspensions and have one coming up jan.7 that lasts 3 months. I should have worked the system myself i guess.

Phax
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flyfishz wrote:...Your right to a speeedy trial gets you off the hook because the officer isn't there.


Every time I've gone to the court, the first time you go in front of the judge is just to plead either guilty, not guilty, or no contest. If you go for either of the second two, then you get your trial date assigned and have to come back later. Hopefully when you come back on that second time, the officer isn't there.

In the case of this ticket, with the poor road conditions and coming out of the driveway and what not... you should be able to plead no contest to the charges. If you're young, you can play that off as well. Express to the judge how happy you are that you were able to control the vehicle, and not hit the curb because of the ice.

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SmithSR
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Sure, but can he Sell? I've spent some time sitting in on traffic court and was utterly blown away with the unprepared idiotic moronic paper thin defenses used by MOST of the people. Deliver a prepared, and thought out (legitimate, not blowing smoke up the judge's arse) defense. Some people know the system, either because they've been there before, or came prepared. Bring three things to court: a respectful attitude, decent cothes, and an accurate account of what took place. No subjectivity, no talk about percentage of ice being at fault, no talk about "the car was sold for girls to buy, sir"

If you understand the system, you'll know coming in that the judge is 90% inclined to offer to either cut the fine, but leave the points, or cut the points, but leave the fine to be paid in full.

If you're prepared for that, then there won't be any surprises, and you won't lose your composure. If you've ever had to sell anything, you'll know it's in the delivery. If you can sell yourself as a competent and safe operator, who came upon an unexpected driving condition/ice patch, you can do well. BUT for that to happen, you must be prepared to either pay the whole fine, or suffer the full point hit. Anything else he cuts you a break on will be a bonus, and a gift, for presenting yourself AND your case in an appropriate fashion.

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AZhitman
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Well stated.

You'd be well-advised to heed both Bubba's and Smith's sage advice.

As Phil said, any thing the judge gives you in this case is a gift. You boiled the hides, you slipped on some ice, you got caught. Buckle your chin strap and man-up. Time to pay the piper.

Good luck in court.

240SXer
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What can I use to make a diagram of the incident, any good programs one knows of? Like to show the streets and such.

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Bubba1
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240SXer wrote:I've received 5 tickets in my lifetime, only the first one did I have to go to traffic school because I was dumb and didn’t fight it. All the others I fought and got out of completely. Fighting is good, especially if you are not guilty. Or at least not guilty of what they said.


Do you mind my asking how you "fought and got out completely" of those other tickets, but not this one?

240SXer
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Cops didnt show up or charges were dropped because the court knew they were bull. ex. Impeding traffic in a School zone when a school was getting out.

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C-Kwik
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How many of each. I can't imagine cops dropping that many charges on one person. What kind of citations did they issue as well. That could make a difference as well.

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C-Kwik
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Phax wrote:Every time I've gone to the court, the first time you go in front of the judge is just to plead either guilty, not guilty, or no contest. If you go for either of the second two, then you get your trial date assigned and have to come back later. Hopefully when you come back on that second time, the officer isn't there.

In the case of this ticket, with the poor road conditions and coming out of the driveway and what not... you should be able to plead no contest to the charges. If you're young, you can play that off as well. Express to the judge how happy you are that you were able to control the vehicle, and not hit the curb because of the ice.


The officer is not asked to come out when you plead. If you notice where you sign the citation, you are required to appear on or before the date on the citation. Most, if not all should actually let you enter your plea to the court clerk or cashier. You set the court date, and then the officer is given a subpeona(or something similar notifying them of the trial) and requested to appear as a witness.

Pleading no contest is almost like saying you are guilty. You are not admitting guilt, but you are accepting the charges and the resulting penalty. It's pretty much just semantics, unless if something were to happen later where in the realm of legal technicalities, semantics can make a big difference. But it will have no bearing on this case.

I'd still approach this case with the position that yes, you lost control momentarily, but that it was not intentional. I'm thinking the officer may have a hard time proving if the act itself was intentional or that the loss of control occured due to some kind of intentional act. But it will depend on the facts presented how well this position may hold up and the credibility of the witnesses(you and th officer in this case).

fuzion
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were you on a highway?

I got pulled over for exhibition of speed by a midget on a motorcycle..

I was turning a corner and chirped them going to 2nd and then again chirping from 3rd to 2nd, gave me the old "immature" thing; popped my hood

I got a ticket for the following

- No smog device [cone filter / the one valve wtf is it callled.. the one that goes to the exhaust was disconnected]

- Illegal lighting- Exhaust modification

He didnt write me up for the exhibition of speed.. my aunt is a chp and ive got a fancy sticker on my license :) so i just got the fix it ticket

- Went to smog ref station / car passed fine [even tho i had an egr code the other day o_O]

- fixed the illegal lighting

- when I was @ the court I told the judge what had happened as far as the exhaust.. ive got the N1 dual and had gotten a fix it ticket before; told her its the 2nd time and it doesnt violate any laws.. so instead of an expensive ticket and high insurance i paid $90 + the smog fee.. not too bad.. ! :)

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AZhitman
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I suppose I should add that I compiled a laundry list of "exhibition of speed" tix back in the day in the friendly town of Peoria, AZ. Enough to rack up 8 points and a license suspension within 2 years.

Their PD were well-trained to hear boiling Gatorbacks from 3 miles away.

Of course, I got mine the old-fashioned way: 400 hp and a abd attitude.:D

LE240
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Be a man, be honest, go to court, tell the truth, be polite, DO NOT try to BS the police officer or the judge. Once the B.S. is observed (and it will be) you be found guilty with maximum fine and maximum points. The judge DOES NOT have to listen to everything you want to say or lies you want to tell. Try saying "your honor, I made a mistake and realize I should have been more careful". Ask that the court show you leniency and let them know you will be more careful and responsible from now on. Again DO NOT try to B.S. the police or judge. Once you basically "accuse" the officer of lying or the judge of being an idiot who has not seen people lie when they come to court, you are doomed. No, I'm not a judge.

240SXer
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Get this.. Today I get a little Notice from LA County Court and The Highway patrol that the 23109(c) have been changed to 22107 (Unsafe turn or lane change).

---22107- No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. ---

I have no clue why. I think the likely reason is because given the circumstances it will be hard to prove that it was my intention to drift that turn. With the ice and the temp. I’m not really sure why at all. Anyway, I’m glad.

The new charge is:22107Infraction - 1pt violation - $130 fee total.

23109(c)Old was:Misdemeanor - 2pt violation (no traffic school) – Possible license suspension - $700-2300 fee total.

I’m sure glad. Thanks for helping me everyone. I’m probably still going to go to court to try my luck with them not showing up. But I’m kinda scared that the bad charge is going to somehow come back. I’m thinking about just paying. I dunno.. Ideas?

240SXer
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I'm still at a loss as to why the charges changed. I'm thinking about going to fight the new charge. Or to see if the cop does not show up.. humm..


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