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  #1  
Old 08-15-2019, 03:56 PM
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Traffic Ticket/Citaiton What You Should Check

This is in California.
The short story is I was fined $490. If I had been in a rush to pay off the ticket/citation I would not have found out they had overcharged me and my fine was supposed to be $238.
What they had done is fined me for a much higher speed then was on the actual ticket/citation.

I found that information in the below .pdf: Uniform Bail and Penalty Schedule (Cal. Rules of Court, rule 4.102)
https://www.courts.ca.gov/documents/2019-JC-BAIL.pdf

I am guessing that other States have similar info that can be looked up.

My more extensive thread on it.
http://www.peachparts.com/shopforum/off-topic-discussion-politics-religion/398539-got-speeding-ticket-profiled.html

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Old 08-15-2019, 04:35 PM
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Id get a lawyer and get the whole thing dropped
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Old 08-15-2019, 04:54 PM
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Old 08-15-2019, 06:11 PM
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Originally Posted by speednjay View Post
Id get a lawyer and get the whole thing dropped
Sounds like you have been through this process many times before. . .

Why get a lawyer? A simple call the the issuing station sould be enough to clear a clerical error.
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Old 08-15-2019, 06:55 PM
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Originally Posted by 97 SL320 View Post
Sounds like you have been through this process many times before. . .

Why get a lawyer? A simple call the the issuing station sould be enough to clear a clerical error.
Yup I do it for everything. Dealing with the courts.. dmv.. police dept is an absolute pointless waste of energy for a normal person. Im too busy to deal with that noise. Its not the cheapest thing but all I do is make a phone call and everything is fixed.
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Old 08-15-2019, 09:14 PM
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The clerical error was cleared and I did hire a company to write a trial by declaration for my for $99.
My point was if I had not looked I would not have known there was an error.

My Ticket is now $234 if the Lawyer got me off I would have to pay the Lawyer.
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Old 08-15-2019, 09:17 PM
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Originally Posted by tjts1 View Post
Discussed in my original thread is the difference between a Speed Limit 40 MPH and a Maximum Speed Limit 40 MPH signs.

With the Speed Limit 40 MPH you are allowed to go faster if the road and driving conditions allow it. In the Maximum Speed Limit 40MPH you cannot exceed for any reason plus you may have to drive slower if the road and traffic conditions are poor.
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Old 08-16-2019, 05:57 AM
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Originally Posted by Diesel911 View Post
The clerical error was cleared and I did hire a company to write a trial by declaration for my for $99.
You could have done that for free https://www.courts.ca.gov/documents/tr205.pdf
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  #9  
Old 08-16-2019, 10:03 AM
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Originally Posted by 97 SL320 View Post
You could have done that for free https://www.courts.ca.gov/documents/tr205.pdf
Yes, I know and I had downloaded that PDF previous to hiring someone. The guy I hired guarantees that I get the ticket canceled or I get my $99 back.
Note that also if the hired guy fails I can ask the Court for another trial.

Getting the ticked canceled is important because points that would might increase my insurance for 3 years; meaning that is a less obvious cause as part of the cost of getting a ticket.


See post #216 and you will see what the guy I hired wrote and I highlighted in red what I would not have had knowledge to write.

http://www.peachparts.com/shopforum/off-topic-discussion-politics-religion/398539-got-speeding-ticket-profiled-15.html

This is not an endorsement especially since I don't know yet if what was written will actually work and get the ticket canceled. But, for information purposes you can look at the ad and see the guarantee and ect. There is a whole bunch of companies that make the same claim. However, some of them cost more.
One place was $179 and if they were not successful you only part back $99. By coincidence that place is right down the street from where I got the ticket/citation
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Old 08-19-2019, 04:53 AM
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Originally Posted by Diesel911 View Post
Discussed in my original thread is the difference between a Speed Limit 40 MPH and a Maximum Speed Limit 40 MPH signs.

With the Speed Limit 40 MPH you are allowed to go faster if the road and driving conditions allow it. In the Maximum Speed Limit 40MPH you cannot exceed for any reason plus you may have to drive slower if the road and traffic conditions are poor.
You fail at reading. The California "Basic Speed Law" does not allow you to violate the "Maximum Speed Limit". You broke the law, pay your fine.
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  #11  
Old 08-19-2019, 12:58 PM
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Originally Posted by tjts1 View Post
If you get a speeding ticket (doesnt matter whether you were speeding or not) & go to court, who do you think the judge is gonna believe, 99.99% of the time? You or the leo?
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Old 08-19-2019, 01:49 PM
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Originally Posted by cornemuse View Post
If you get a speeding ticket (doesnt matter whether you were speeding or not) & go to court, who do you think the judge is gonna believe, 99.99% of the time? You or the leo?
If that ever bocomes an issue (I've never encountered that problem) the judge can view my dash cam footage which also records speed.
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Last edited by tjts1; 08-19-2019 at 02:12 PM.
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  #13  
Old 08-19-2019, 02:20 PM
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Originally Posted by tjts1 View Post
You fail at reading. The California "Basic Speed Law" does not allow you to violate the "Maximum Speed Limit". You broke the law, pay your fine.
I was not ticketed/cited for violating a maximum speed limit.

I was cited under VC 22350 in which it is the prosecutions burned of prove I was violating: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

Notice there is nothing about a posted speed limit.

In my case there was zero traffic an road conditions were perfect and I endangered nothing.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22350
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  #14  
Old 08-19-2019, 02:47 PM
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Today I submitted my Trial by Declaration and will now have to wait for the results.

Note that if you go to the Clerk (in CA) and tell them you want a Trial by Declaration they print the forums and you have 30 days to submit the forms.
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Old 08-19-2019, 03:14 PM
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Quote:
Originally Posted by Diesel911 View Post
I was not ticketed/cited for violating a maximum speed limit.

I was cited under VC 22350 in which it is the prosecutions burned of prove I was violating: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

Notice there is nothing about a posted speed limit.

In my case there was zero traffic an road conditions were perfect and I endangered nothing.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22350
Your linked thread clearly shows you were cited for doing 62 in a 40 zone. There is no law on the books that allows you to legally exceed the posted (40mph) speed limit. Contesting legitimate citations and fighting stupid crap like this is why traffic fines are as high as they are.

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