Traffic Court Today

[Sap]

Today I have traffic court for a speeding ticket. I was pulled over for going 78 in a 70mph area (freeway).

I was just going from one exit to the next, so getting onto the on ramp it merges left. There was a car right behind me and two to my left and it was merging. No one was co-operating and slowing down/creating a gap for me to merge into. I would have to hit my brakes hard, merge into the car or hit the gas. I opted to hit the gas, as such I merged in front of the two cars, let off the gas to coast to the speed limit and exit the freeway (<1/2 mile).

I didn't make it to the exit before a LEO gets behind me and pulls me over for speeding. I used the throttle to get me out of a sticky situation because other drivers weren't cooperating, do i have any ground to stand on on this?

 

[oldmodman]

8 miles over the limit!

That officer must really have been bored.

Be sure to post the rest of the story about the court result.

 

[mkb116]

Technically you have no defense. 70 is the max speed, period. 71 is technically speeding. The defendants always have a case why they did what they did. Its really going to depend on what the officer's point of view was, and how the judge is. Good luck.

 

[SM0KE]

No. If you go to court, just hope he doesn't show up. If he does, you're gonna loose.

 

[Sap]

He did not show up. Case Dismissed.

I usually get 4-6 tickets a year (everyone speeds in San Diego) and so far in the past two years none of the LEO's have shown up...

I think its a calculated risk, hand out 10 tickets, 8 pay up the other two who fight it automatically get off.

There were 20 people in the court room, 4 LEO's. 16/20 got off without even saying a word, and some of them were >100mph tickets.

:shrug:

 

[wigginwilly00]

He did not show up. Case Dismissed.

I usually get 4-6 tickets a year (everyone speeds in San Diego) and so far in the past two years none of the LEO's have shown up...

I think its a calculated risk, hand out 10 tickets, 8 pay up the other two who fight it automatically get off.

There were 20 people in the court room, 4 LEO's. 16/20 got off without even saying a word, and some of them were >100mph tickets.

:shrug:

I see this time and time again in the last three years. It's always in your best interest to show up just for this reason.

However, the man upstairs is trying to tell you something. Slow it down...

 

[cobraman1024]

Is it generally this way in all jurisdictions----if the LEO does not show up, then your case is dismissed?

 

[Jomo1994z71]

nice man...congrats...

 

[SlowLNF]

Is it generally this way in all jurisdictions----if the LEO does not show up, then your case is dismissed?

From what I have heard it usually is. However I know that here locally you still have to plead guilty/not guilty and give your side of the story. 95% of the time you're let off the hook no strings attached. The other 5% of people usually get no points and a reduced fine unless they are a jerk to the judge.

 

[JC_SapphireBlue_GT]

pssh when i had my court case for speeding...a few other the people that went before me didnt have the officer show up, the judge just rescheduled their cases

 

[Sap]

In Southern CA it works like this.

You get cited and get a date to show up for arraignment, you show up and plead guilty, not guilty, or no contest. No Contest and Guilty means no court date and you either pay the fine and ask for traffic school or just pay the fine, accept the points and move on.

If you plead not guilty, you get a trial date, if you waive your right to speedy trial its usually 90 days out. You can always come back within a week of your trial and ask for an extension (highly recommended).

When the trial day comes, the LEO must show up or the case is dismissed due to the burden or proof being on the state.

This is the circus I go through every couple of months. Everyone speeds out here.

Don't believe me, feel free to look at traffic cams (MyTraffic) anytime after about 9am. Finding 70+ speed areas is easy, and the cams record the slow lane.

E.