4 ms·

> why everyone in California drives 80 in 65, and CHP are apparently OK with that. Absolutely untrue. My wife was ticketed by the CHP for driving at 80 on an e

> why everyone in California drives 80 in 65, and CHP are apparently OK with that. Absolutely untrue. My wife was ticketed by the CHP for driving at 80 on an empty I5 early in the morning. There was no traffic and she was the only other car on that stretch of the I5 at that time. We seriously considered figting the ticket but I was unable to collect any data to prove that 90 percentile of the traffic drives at 80 although that's my own observation. The ticket was cited using PACING and the officer did not have a recently calibrated odometer which gave us an upperhand but that would not be enough to dismiss the case. We also researched and found out that the AAA lobbies to keep statutory speed limits down at 65 wherever a higher speed is proposed. We then considered the pros of paying $500 for a ticket and traffic school vs paying thousands in insurance premiums for the next few years. We ended up paying $500. 65 is the statutory speed limit barring higher prima facie limits. Any higher speed is illegal. Not getting a ticket while driving at 80 does not mean the CHP is OK with it, just that there are far more drivers than CHP officers. PS: If anyone knows how to strike a deal with the prosecutor/DA's office without getting an attorney involved for trivial traffic tickets like this, I am all ears.

gamblor956 9y ago
The ticket was cited using PACING and the officer did not have a recently calibrated odometer which gave us an upperhand but that would not be enough to dismiss the case. For future reference, that would have been enough to get the ticket dismissed. Tickets must be based on calibrated range speedometers, not the officer's odometer. Also, the DA generally doesn't negotiate traffic tickets. It's not worth their time. Simply contest the ticket, since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket.
- subhobroto 9y ago
  > For future reference, that would have been enough to get the ticket dismissed. Tickets must be based on calibrated range speedometers, not the officer's odometer. That is incorrect. PACING (officer's odometer) is accepted by the court. If you can provide any case/regulation that refutes this, I will pay you money for the lead. > since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket. Again, that is incorrect. Traffic school can be refused by the judge if defendant contests the ticket If you can provide any case/regulation that refutes this, I will pay you money for the lead. Here is a case that even with citing Wozniak (http://law.justia.com/cases/california/court-of-appeal/3d/197/supp43.html http://law.justia.com/cases/california/court-of-appeal/3d/19...), it clearly states that the court has discretion to allow or deny traffic school and is under no obligation to disclose the reasons why People v. Schindler, 20 Cal. App. 4th 431 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div (http://caselaw.findlaw.com/ca-court-of-appeal/1770113.html http://caselaw.findlaw.com/ca-court-of-appeal/1770113.html, http://law.justia.com/cases/california/court-of-appeal/4th/20/431.html http://law.justia.com/cases/california/court-of-appeal/4th/2...) Under section 42005, the court may order traffic school. Although the court may not arbitrarily refuse to entertain a request for traffic school merely because a defendant elects to plead not guilty (People v. Wozniak (1987) 197 Cal. App.3d Supp. 43 [243 Cal. Rptr. 686]; People v. Enochs (1976) 62 Cal. App.3d Supp. 42 [133 Cal. Rptr. 363]), the court otherwise has discretion to grant or not grant traffic school for a traffic violation. (People v. Levinson (1984) 155 Cal. App.3d Supp. 13, 21 [203 Cal. Rptr. 426].)[2] Nothing in section 42005 requires the court to state its reasons for granting or rejecting traffic school. When I turn up at court, I am informed. I don't believe in crossing fingers, working off "intuition" or "hoping that the officer does not show up"
  - logfromblammo 9y ago
    Rely on the assumption that the prosecutor, judge, and officer do not care about nailing you, specifically, as much as they care about just doing their job and going home. If you make your case seem like more work for them, or if it will end up costing them money to prosecute, they will very likely drop it, even if you are guilty as sin. If I could make 100 deals in the same time it takes to prepare for one trial, I'd throw the trial case on the floor, too. All the good traffic-ticket lawyers will know all the tricks for your state, and some of them are kind enough to give away those tactics for free, essentially as stealth advertising for those who would rather pay the money to ensure a professional will do it correctly. But I'm not a lawyer and don't get tickets, so...
    - drewmol 9y ago
      At first I misread you last sentence as "but I'm a lawyer so I don't get tickets" and it seemed fitting
- dragonwriter 9y ago
  > Simply contest the ticket, since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket. Wrong; actual penalties for traffic offenses can be greater (both in monetary value and may add license suspension) than the fine assigned with a ticket (which is a mixture of bail applied for certain modes of contest and a plea bargain offer if you choose to plead guilty.) Plus, whether or not the base fine is higher, you can also be assessed court costs.
  - deleted 9y ago
    [deleted]
rconti 9y ago
If you find the CHP treatment to be unfair, you should try visiting anywhere else in the country. When I first moved to CA, I could't help but laugh whenever someone said they got a ticket and they were 'barely even speeding' when they were going 85 in a 65. It's so much more pleasant here in CA. Hell, I've been here for 15 years and never even been pulled over. You've really gotta have bad luck to catch the attention of the CHP -- for better or worse.

gamblor956 9y ago

The ticket was cited using PACING and the officer did not have a recently calibrated odometer which gave us an upperhand but that would not be enough to dismiss the case. For future reference, that would have been enough to get the ticket dismissed. Tickets must be based on calibrated range speedometers, not the officer's odometer. Also, the DA generally doesn't negotiate traffic tickets. It's not worth their time. Simply contest the ticket, since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket.

subhobroto 9y ago
> For future reference, that would have been enough to get the ticket dismissed. Tickets must be based on calibrated range speedometers, not the officer's odometer. That is incorrect. PACING (officer's odometer) is accepted by the court. If you can provide any case/regulation that refutes this, I will pay you money for the lead. > since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket. Again, that is incorrect. Traffic school can be refused by the judge if defendant contests the ticket If you can provide any case/regulation that refutes this, I will pay you money for the lead. Here is a case that even with citing Wozniak (http://law.justia.com/cases/california/court-of-appeal/3d/197/supp43.html http://law.justia.com/cases/california/court-of-appeal/3d/19...), it clearly states that the court has discretion to allow or deny traffic school and is under no obligation to disclose the reasons why People v. Schindler, 20 Cal. App. 4th 431 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div (http://caselaw.findlaw.com/ca-court-of-appeal/1770113.html http://caselaw.findlaw.com/ca-court-of-appeal/1770113.html, http://law.justia.com/cases/california/court-of-appeal/4th/20/431.html http://law.justia.com/cases/california/court-of-appeal/4th/2...) Under section 42005, the court may order traffic school. Although the court may not arbitrarily refuse to entertain a request for traffic school merely because a defendant elects to plead not guilty (People v. Wozniak (1987) 197 Cal. App.3d Supp. 43 [243 Cal. Rptr. 686]; People v. Enochs (1976) 62 Cal. App.3d Supp. 42 [133 Cal. Rptr. 363]), the court otherwise has discretion to grant or not grant traffic school for a traffic violation. (People v. Levinson (1984) 155 Cal. App.3d Supp. 13, 21 [203 Cal. Rptr. 426].)[2] Nothing in section 42005 requires the court to state its reasons for granting or rejecting traffic school. When I turn up at court, I am informed. I don't believe in crossing fingers, working off "intuition" or "hoping that the officer does not show up"
- logfromblammo 9y ago
  Rely on the assumption that the prosecutor, judge, and officer do not care about nailing you, specifically, as much as they care about just doing their job and going home. If you make your case seem like more work for them, or if it will end up costing them money to prosecute, they will very likely drop it, even if you are guilty as sin. If I could make 100 deals in the same time it takes to prepare for one trial, I'd throw the trial case on the floor, too. All the good traffic-ticket lawyers will know all the tricks for your state, and some of them are kind enough to give away those tactics for free, essentially as stealth advertising for those who would rather pay the money to ensure a professional will do it correctly. But I'm not a lawyer and don't get tickets, so...
  - drewmol 9y ago
    At first I misread you last sentence as "but I'm a lawyer so I don't get tickets" and it seemed fitting
dragonwriter 9y ago
> Simply contest the ticket, since the worst case scenario is you get the same punishment you would have gotten if you hadn't fought the ticket. Wrong; actual penalties for traffic offenses can be greater (both in monetary value and may add license suspension) than the fine assigned with a ticket (which is a mixture of bail applied for certain modes of contest and a plea bargain offer if you choose to plead guilty.) Plus, whether or not the base fine is higher, you can also be assessed court costs.
- deleted 9y ago
  [deleted]

rconti 9y ago

If you find the CHP treatment to be unfair, you should try visiting anywhere else in the country. When I first moved to CA, I could't help but laugh whenever someone said they got a ticket and they were 'barely even speeding' when they were going 85 in a 65. It's so much more pleasant here in CA. Hell, I've been here for 15 years and never even been pulled over. You've really gotta have bad luck to catch the attention of the CHP -- for better or worse.