On the way to work the other day I was in an accident avoidance maneuver with an erratic van and ended up with a speeding ticket. He was erratic in his lane position and speed and his final maneuver was to speed up. My attention was on him and in doing so ended up doing 60 in a 45, but unfortunately only while exposed to radar. I said I was doing accident avoidance and had passed him which the cop didn’t buy, he said I should have slowed down. Being in the morning and not fully awake I didn’t say that I was passing him and he unexpectedly sped up and my attention was on avoiding him. Do you think I have a case or will I get laughed or thrown out of court? It’s been a long time since my last ticket so I could take the class but this time I’m thinking I might have a possible option.

I also heard a rumor if you fight a ticket and loose the fine is double. Is that true?

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5 speed '91 190E 2.6 320,000 mi. (new car, fast, smooth as silk six, couldn't find any more Peugeots)
5 speed '85 Peugeot 505 2.5l Turbo Diesel 266,000 mi. (old car, fast for a diesel, had 2 others)
5 speed '01 Jetta V6 (new wifes car, pretty quick)
5 speed '85 Peugeot 505 2.2l Turbo Gas 197,000 mi. (wifes car, faster, sadly gone just short of 200k )
5 speed '83 Yamaha 750 Maxim 14,000 mi. (fastest)
0 speed 4' x 8' 1800 lb Harbor Freight utility trailer (only as fast as what's pulling it)

I have to wonder how often a judge hears that story.

I hear that you should always challenge a ticket but I'd make sure there's an option to not get points on your record if it doesn't work in your favor. It would have to be a heck of a fine to risk getting points.

Sixto
95 S420
91 300SE
87 300SDL
83 300SD

Simple: Fight it. If you don't fight it, you'll just have to eat up the ticket. At least give it a try.

Could you explain in more details what happened though, because I have no idea what you were trying to say.

Fine won't double up if you lose. Most of the time, the judge will lower the fine. However, I heard of one case w/ someone, where the fine actually went up, but that's usually if the defendant gave lip service to the judge. Also, knowing my friend whose ticket went up, I think that's what happened

Anyway, fight it.

Also who wrote the ticket? CHP? PD?

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2003 E55 AMG
2007 FJ Cruiser

Jim - Fight it!

I always fight mine and I've got a pretty good track record of winning. Do a search on some previous posts.

Not sure about your California law, but here in Canada if you lose the fine doesn't double. You just have to pay court costs, which amount to a whopping $15. I can't see the judge doubling the fine - that sounds like urban myth to me - probably spread by the crown prosecutors...

You shouldn't go into court with that explanation that you gave above. That would be pleading guilty with an explanation. You might get a reduced fine from a sympathetic judge - not likely, as someone mentioned, they've heard it all before. Your best bet is to plead not guilty and be prepared.

Here's some advice I posted earlier...

Here's some tips I've learned -

1) Dress like you mean it. Suit and tie, briefcase. I once won a ticket simply by showing up dressed like I meant business. I got to court at 8:00 a.m. and noticed there were about 100+ people on the day's proceedings list (for traffic court). Seeing as there was no way the court could get through that many, they started doing a roll call. I noticed most people simply went in and came right back to the waiting room, but some people left with a smile. They tended to be better dressed. Most of the people there were dressed plainly and only had their ticket in hand. When it was my turn (I was in a suit, with a briefcase full of notes, etc.) they called me in, the prosecutor and judge asked me a few questions - 'Do you still intend to plead not guilty" - Yes - "Have you prepared your defence?" - Yes. They then proceeded to drop the charges and I was free to go. I was curious as to their logic and I asked the cop who gave me the ticket what the deal was. He said they couldn't handle all the cases in one day and so they dropped those people who a) had more minor tickets and b) looked like they were going to put up a good defence - i.e. tie up court time.

2) Request the officer's notes by registered mail. This one's gold. I got off on another ticket because the officer/police department didn't get me the officer's notes on time for trial. No notes=inability to mount a full defense=free to go. While you're at it, ask for documentation regarding the technology used to target your speed - radar or laser and proof of recent calibration of the instrument. A long shot, but every bit helps.

3) Request a change of trial date. Most officers try to process all their recent tickets in one court date. They would otherwise be constantly running to court to fight tickets. If you change the initial date (which likely represents the officer's chosen court day) the chance of the officer not showing up to court is increased.

I'm not sure about Virginia, but in Canada it is easy enough to represent yourself in court without a lawyer if you are informed. Your best bet is to try and get off on an officer no-show, lack of proper documents (officer's notes) or due to a technicality. If the officer is there and has his notes in order, you're likely to lose the battle. Still, it's fun to be able to ask him questions on the stand! You don't have to be well versed in lawyer-speak, only logical and polite. You don't want to waste the court's time either. Good luck!

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Chris
2007 E550 4Matic - 61,000 Km - Iridium Silver, black leather, Sport package, Premium 2 package
2007 GL450 4Matic - 62,000 Km - Obsidian Black Metallic, black leather, all options
1998 E430 - sold
1989 300E - 333,000 Km - sold
1977 280E - sold
1971 250 - retired

"And a frign hat. They gave me a hat at the annual benefits meeting. I said. how does this benefit me. I dont have anything from the company.. So they gave me a hat." - TheDon

Shush it!!! Bootsy a$$ judge...

lol see! You probably went up to him and say "Judge, you bootsy dawg." You thought he was gonna give you a free desert or what? lol

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2003 E55 AMG
2007 FJ Cruiser

Boosty a$$ judge was mad because I drive a better car then him.

I only went to court, to see if the officer should up. Just my luck almost everyone before me had their officer show up, but my punk a$$ officer had to show.

I did do traffic school though and I was lucky to have gotten that. I was doing 90 (when I slowed down) in a 65.

Its unanimous, it’s a rumor the fine doubles if you lose in court.

Next question: If I lose in court can I still take traffic school? And I heard I could take it on-line, has anybody done that here?

DR ///AMG: You’re why I asked the question here, to see if my explanation is understandable. You won’t fine me if it isn’t. Back to the drawing board.


I remember reading somewhere, I think in the drivers handbook, if someone breaks the law by, say, running a stopsign, and you can avoid the accident even though it would be his fault, you have to. I have been looking for that but haven’t found it yet, that is the basis of my argument. This was a little different, a general erratic behavior. I don’t know if driving down the middle of two lanes would be considered an unsafe lane change. It wasn’t obvious though, no quick moves to grab my attention, just a gradual observation that started as him not being centered in his lane, then gradually getting close to the line. At what point do you “sound the alarm” when a danger ever so slowly presents itself. I know from the cops view he couldn’t have seen what the van was doing.

Its getting late, I may be rambling, but now a days I only get one chance a day to surf here. Keep the advice coming, its worth way more than what I’m paying for it.

I guess I should have something sweet before I go to court, like maybe a doughnut, and bring some extras.

And it was a LA County Sheriff I had the pleasure to meet.

I did the on-line traffic school thing. It's boring but can't be worse than having to sit in a class. I printed the material as presented then referenced what I had to to pass the tests. It took forever because the course I took had a timer that made you sit at a page for some amount of time. I don't recall which course I took. But I haven't forgotten that the speed limit throughout Santa Cruz is 25mph except on highways.

Sixto
95 S320
91 300SE
87 300SDL
83 300SD

You guys can take a traffic school option? That's interesting...

Here in Ontario, Canada you don't get that option. You have a demerit point system whereby a clean driver has 0 points and you can accumulate up to 15 points before your license is suspended. At 11 points you MUST attend a Ministry sponsored "Driver Re-Education Program" which is basically a day-long humliation/accident footage barrage. If you fail to attend, your license is suspended. You don't gain anything from attending, other than you get to keep your license.

__________________
Chris
2007 E550 4Matic - 61,000 Km - Iridium Silver, black leather, Sport package, Premium 2 package
2007 GL450 4Matic - 62,000 Km - Obsidian Black Metallic, black leather, all options
1998 E430 - sold
1989 300E - 333,000 Km - sold
1977 280E - sold
1971 250 - retired

"And a frign hat. They gave me a hat at the annual benefits meeting. I said. how does this benefit me. I dont have anything from the company.. So they gave me a hat." - TheDon

Yes, even though I lost in court I was still offered traffic school and I did it online. The online one was very quick! It took me all of 30 minutes.