It’s the wife. 55 in a 45 with no radar but, she already used up her traffic school opportunity with a previous ticket.
I’m concerned about going in on my own and hoping that the officer doesn’t show. The Attorney charges a flat fee of $350 to handle it all. I’d be tickled pink with a dismissal, satisfied with another opportunity for traffic school and pissed if we got nothing. I think it’s worth the $350 to try so that insurance doesn’t go thru the roof.
The traffic court / ticket process varies tremendously by state.
I would absolutely NOT recommend you hire an attorney for 10 mph over in California - you'd be throwing your money away. If you want to fight it, buy this book instead:
Fight Your Ticket & Win in California [Brown Attorney, David] on Amazon.com. *FREE* shipping on qualifying offers. Fight Your Ticket & Win in California
www.amazon.com
Then go to your local traffic court for the morning and watch the process - in the few hours you spend there you'll learn a whole lot about how the system is set up to maximize revenue for the local jurisdiction. The system is set up to find you guilty - the cops and the judge / magistrate are financed mostly through traffic tickets. If they let people off (even if innocent) they loose their revenue stream and are out of a job. (I once had an unmarked Ventura county sheriff deputy change lanes into me and force me nearly off the freeway (I was in his blind spot, in a very small economy car) and then write ME a ticket - I fought it, and, of course, was found guilty, but given the scenario I described, the judge found me guilty of a DIFFERENT infraction (which I also did NOT commit.))
In California (for CHP for sure and all the local PD I have interacted with) the cops ALWAYS show up in court and have the necessary paperwork (radar certs), etc. - they are well rehearsed and use the same spiel (including radar gun certs) over and over for every case. It used to be the cops didn't get paid for court appearances, so would not show up - now they are paid and thus show up 99% of the time. It's almost like a hail Mary pass trying to get out of it, but if you have the time to go to court you can try.
That book will have lots of good strategies, but the cop and magistrate will likely be prepared for them. When I was in high school I tried to get out of a ticket because the prosecution had not responded to my discovery request for a traffic survey - which is required for radar to be used in CA. The case SHOULD have been dismissed because they had not responded to my discovery request. Instead the magistrate had the clerk open a file cabinet, hand me a copy of the traffic survey and continued my case for another date. When I came back, my hail Mary attempt was to argue that the 85th percentile speed on that street was above my ticketed speed (which is what they are supposed to set the speed limit at). The magistrate woke up from his stupor for a minute to digest that I had made an interesting point, and then found me guilty.
Many years ago I got a ticket for going over 100 mph. The notice to appear said I could mail the ticket back and receive a $1000 fine and a 5 day license suspension. I hired an attorney. The attorney pled the ticket to regular over 65 so it appeared as an ordinary ticket on my record, and my insurance rates were only minimally affected, but the fine and attorney fees were an order of magnitude more that what you are facing. (The county got the max fine plus penalty assessment - and the money is what they really wanted - not my license).
In CA, with one point, which is one speeding ticket, by law, you still qualify for a good driver discount (plus you can get one every 18 months and go to traffic school - so that effectively works out to 3 tickets in in a 3 year span without an insurance impact),
so in the scenario you describe, your insurance rates will NOT increase. If you face anything that might get your insurance dropped (which a license suspension can do, or, heaven forbid, a DUI), consider an attorney, but in your case it sounds as if your insurance will not increase at all, and if it does you'll only loose a good driver discount (which is 20%)
Read Section 2632.12 - Good Driver Discount, Cal. Code Regs. tit. 10 § 2632.12, see flags on bad law, and search Casetext’s comprehensive legal database
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