Another ticket thread...

[London]

Hey guys.

I was driving the 154 today (for those who know it…) and anyway there was a guy ahead of me who I had seen earlier leaving a local casino (8 am). Anyway he was all over the road. Braking suddenly, swerving erratically across the two passing lanes and even into oncoming, I'm gonna assume he was DUI. Well once we crested the hill I took my opportunity to get passed this idiot before he killed me. I had put a little distance between us when I noticed a cop on the road, I was relieved thinking he'd get the guy. Instead he pulled me over. The drunk guy then nearly hit both of us as I was pulling off the road, the cop did nothing. I explained the situation to him and he said I should have passed him earlier on the up hill. I literally said "It's an eta…" then seeing it confused him "Its slow". He was friendly enough but gave me a ticket, which said I was going faster than my speedo said I was when I passed him.

Think I got any chance of fighting this? I wasnt endangering myself or others but rather trying to get myself to safety. I was also braking and slowing down at a safe rate rather than slamming my brakes. Anyway, apparently 8 mph over is more dangerous than drunk driving… Help me out?

[London]

Haha no love?

[Asbradley21]

Your best bet is trial by declaration.

[London]

Like written declaration? Thats what I thought. Like use the ticketassassin thing?

[SUICIDE109]

"It's an eta…" then seeing it confused him "Its slow".

[slammin.e28]

If he was a good cop, he woulda known what an eta was. Go to the DA, and tell him this guy doesn't know what an eta is. If the DA doesn't know, you're fucked.

[Pantless Spency]

wow shitty situation. i would have phoned in the drunk and kept my distance.

[StereoInstaller1]

Do you have local forums?

Here in the Seattle area it gets a little weird. Some areas have judges that welcome lawyers fighting your ticket. If you hire a lawyer, you will win, period. Other areas have judges that hate lawyers so you have a better chance of winning through trial by declaration, or deferring by taking a class.

Good luck

[London]

I can check for a local forums. But its cali. They'll give you a ticket if one window is down more than the other… I've been pulled over for driving at night with the windows down, asshole was just fishing. First claiming he thought he say tint on my windows, oh for sure, and then that he smelt marijuana, at that point I was laughing at how desperate he was. Anyway point is, anyone in Cali knows how ticket happy cops are. Even though I have a clean driving record. I'm gonna try and do trial by declaration I think.

If anyone has some advice I'd love to hear it. Hindsight being 20/20 I probably should have fallen back rather than passed the guy but still. I feel its ridiculous.

[Dermeister3]

wow 8mph over? Here in jersey 10 mph over is the real speed limit.

shitty luck. Any points on your license?

[ohthejosh]

CA judges are pretty strict. if you were 8 mph over you were 8 mph over the posted speed limit. it ridiculous. i got pulled over and almost got a wreckless driving ticket for swerving a pothole at least 5 inches deep. i calmly explained the pothole and luckily was excused and just warned me saying its dangerous to swerve a pothole. -__-

you can fight it if you want and see if he shows in court but otherwise you are SOL.

[London]

Nope. No points on my license. And yeah I know I was 8 miles over but I was 8 miles over from accelerating to pass someone. I thought that was part of the "basic speed law of CA" or some shit like that. The whole situation is ridiculous but doesn't matter I guess. I'll have to see how it plays out

[Nick_S]

I would just pay it, it's not worth fighting for a ticket for 8mph over. And if you do, how are you going to prove the other driver was DUI? Should have called him in, atleast then they'd have some sort of proof.

[colorado_cabrio]

you are not going to beat this if you go to trial. You admitted to the cop that you knowingly went over the speed limit. Simple admission of guilt.

Only thing a judge might do is be lenient with the sentence. But as a Cali native I can tell you that most of the traffic violation penalties are "hard coded" into the system, giving the judge very little leeway.

[homegrone30]

^^^ This. I went through somewhat of the same situation passing a old farm truck that pulled halfway off the road trying to be polite. Just go to court state your story to the judge and mind you p's & q's yes sir/no sir.