Issued a ticket for one speed, lost, found guilty of another speed

[Phallen]

Ok, I am writing this up for a friend of mine since even I don't have an answer.

He was given a citation for 80 mph. The LEO said he clocked him at 110 mph. Both speeds the rider (motorcyclist) do not agree with.

So he decided to write up a Trial by Declaration. And.....lost.

But when he was given notice that he lost, he was convicted at 110 mph and had his license suspended for a month. I've heard of LEO's saying 'don't contest this or I'll raise it back up to the higher speed' line.

How....is this legal? The guy decides to fight his ticket and it seems like as a punishment, he is convicted at a higher speed as retaliation. I don't understand the law here, and not sure what to tell him. This was done in Central Cali on Hwy 1.

 

[silver03svt]

It's not something the LEO can do, but it is something the judge can do. Other than that, no help here.

 

[Zinc03Cobra]

Ok, I am writing this up for a friend of mine since even I don't have an answer.

He was given a citation for 80 mph. The LEO said he clocked him at 110 mph. Both speeds the rider (motorcyclist) do not agree with.

So he decided to write up a Trial by Declaration. And.....lost.

But when he was given notice that he lost, he was convicted at 110 mph and had his license suspended for a month. I've heard of LEO's saying 'don't contest this or I'll raise it back up to the higher speed' line.

How....is this legal? The guy decides to fight his ticket and it seems like as a punishment, he is convicted at a higher speed as retaliation. I don't understand the law here, and not sure what to tell him. This was done in Central Cali on Hwy 1.

How is this legal....? If he wasn't arraigned by the Judge, the Officer may amend the ticket to reflect the actual speed. In this case, your friend was given a huge break in the field, for 80 in a 65, took advantage of the break he was given (with the mindset he wasn't speeding and hoping the Officer wouldn't reply to his declaration), does his trial by dec, and the Officer wrote to the court what *really* happened and what your friend was really stopped for. I don't see the problem.

Fighting your ticket is obviously your right. Officers have the discretion to write a lower speed on citations while in the field to 1) reduce your fine 2) traffic school eligibility. You take advantage of that break, expect consequences. I do this all this all the time with people going 81-99 mph. Take this to court and I will amend it to reflect your actual speed. There's a huge difference in fine amounts from 1-15 mph over, to 16+mph over at least in my county.

I should add that on most citations there's a speed you're charged with and the PCF/MAX speed box. in the body of the citation I'll write "Radar - 87 mph", however, I will charge you with 80+ in a 65 mph zone. ...That way when a judge reads my citation, he/she sees that you were stopped for 87, but charged with 80. No more breaks will be given at that point, since you weren't happy with what you got.

Take it for what it's worth. If I give you a break, I better not see you again. Tell your friend to slow down in the Central Coast area. Santa Cruz/Monterey don't tolerate speeding motorcyclists.

 

[Phallen]

The other thing I don't understand is that when he got the ticket in the mail, he was offered traffic school, but he decided to fight it.

Then the above happens and not only is he found guilty, but license suspended for 30 days and no option for traffic school.

So he decides to fight the ticket, and is rewarded with a much greater and WORSE punishment then what offred first time around.

I still am trying to see how this is not retaliation.

 

[Lt. ZO6]

My guess is your friend isn't telling you the whole story...

 

[Troponin]

Sounds pretty simple to me.

Officer clocked him at 110mph, cut him a break, and when the officer was told he was going to fight it, he told the judge he cut your buddy a break. Judg wants to teach him a lesson and hits him upside the head with the original offense and full penalty.

Defensive driving is offered in some states as a recourse to get the offense expunged, I believe. I Just got my first speeding ticket in 7 years doing 73 in a 60 and it was offered on my ticket. I Just paid the damn thing. If I get another one in the next 6 months, I might take the class though.

 

[SVTPete83]

Sounds pretty simple to me.

Officer clocked him at 110mph, cut him a break, and when the officer was told he was going to fight it, he told the judge he cut your buddy a break. Judg wants to teach him a lesson and hits him upside the head with the original offense and full penalty.

Defensive driving is offered in some states as a recourse to get the offense expunged, I believe. I Just got my first speeding ticket in 7 years doing 73 in a 60 and it was offered on my ticket. I Just paid the damn thing. If I get another one in the next 6 months, I might take the class though.

This is exactly what happened. Also many courts here in ca won't let u so traffic school if u fight it and lose.

 

[DGladhill]

Sounds like your friend needs to stop being an idiot and he won't have any problems.

:shrug:

 

[jshen]

The answer is quite simple. A ticket is an "accusation" and can be orally amended up until the start of your hearing. But it gets tricky if evidence shows more than what was announced before hearing and depending on a number of things, you have the right to appeal the decision. I wasn't there and don't know the details.

 

[BAMM BAMM]

Job security at its finest! Who in their right mind gets a H U G E break out in the field and then has the balls to fight it in court?!?!? What did your friend think would happen?! The Officer must tell his side (clocked at 110MPH but decided to give him a break of 80MPH on the citation) to the judge. After that, it's completely up to the judge. Stories like this one (And my own experiences) are why I don't give any breaks in the field. I cite for what my radar/lidar show. That way there is no confusion.

 

[Zemedici]

The majority of the time it will even say on the ticket 'clocked at xxx, citation written for xxx'

so yeah, not a smart move by your buddy

 

[jshen]

I completely agree with Bamm Bamm, either write the ticket for the true speed or don't write at all. Putting a speed on a ticket other than the correct one can come back to haunt the officer if it goes to a hearing in court. I have seen some defense attorneys try to make a liar out of the officer for writing "incorrect" information on the ticket. Let the judge give the break- that's his/her job. I have not seen many cases where the officer's opinion in court didn't effect the outcome (except when the officer does not know the entire record of the defendant.)

 

[THE_EVIL_TW1N]

Your friend was given a break so that he would pay a lower fine and be eligible for traffic school. Rather than take the break, your friend chose to contest it and lost. In our county, the judge typically will not offer traffic school if the citation is contested.

Your friend rolled the dice and lost.

 

[Thump_rrr]

I was pulled over on I-87 doing 91 in a 65 a few years ago.
As soon as he lit me up I put my turn signal on and pulled way off the road at a safe spot.
| rolled the windows down and kept my hands on the wheel where he could see them.
I was polite and courteous with the officer.
He asked me how fast I thought I was going and I was honest and told him about 85.
He cut me a big break, citing me for an obstructed plate due to my "Steeda Speed Matters" license plate frame.

When I was given the ticket I was also given a second paper with the discovery or officers notes attached.
It clearly stated that I was clocked at 91 it also states that he asked me how fast I thought I was going and that I said 85.
It then states that he gave me a ticket for the obstructed plate.

In my mind it is clear that if I contest the ticket I will take the hit for the whole enchilada.