Fighting Ticket In CA Again

Discussion in 'Help, I got a ticket!' started by kyle13, Apr 12, 2018.

  1. kyle13

    kyle13 PSL +5 Intermediate User

    Messages:
    422
    Likes Received:
    231
    Country:
    France
    Joined:
    Mar 16, 2016
    Hey All, Hope everyone is doing well. Ive been away from the forum because of the ticket I got back in January, Its put me off from driving in general. I got a ticket for following to close and improper lane change from an undercover officer who was there in an unmarked car and i just pissed him off. I had my arraignment today and pleaded not guilty and invoked my right to a speed trial. Im praying he doesnt show up. If he does can he say that I should have been written for more and tell the judge i was driving recklessly and impose harsher fines on me? is there a way i can go back to the court house and change my plea and just pay the fine and have two points on my record and then pay more insurance? Id rather that then risk this guy showing up and boning me harder if he can. Thoughts?
     
    Bossdad71 likes this.
  2. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

    Messages:
    7,022
    Likes Received:
    7,385
    Joined:
    Jan 14, 2017
    Location:
    Charlotte North Carolina
    Sorry that this escaped us
    No the charges cannot be upgraded against you
    And never be afraid to stand up for your rights and fight a ticket
    Even if your guilty
    However be afraid if you dont know your way around a courtroom
    That sounds like the case and its okay
    Being good in traffic court is only from experience and research

    I would contact a few different attorney's and find ones that will hear some facts and predict a favorable outcome but of course nothing is guaranteed
    Look up non moving violations in your state that may or even may not apply to your case
    Ask your lawyer if a non moving is possible
    I dont recommend you call the prosecutor until youve become more seasoned otherwise you may convict yourself and get no deal at all

    Dont feel rushed
    If you dont have an attorney and need to save
    Show to court and respectfully ask a continuance to secure council
     
    Last edited: Apr 15, 2018
  3. STS134

    STS134 Premium Member Advanced User Premium Member

    Messages:
    7,527
    Likes Received:
    6,154
    Country:
    United States
    Joined:
    Mar 6, 2014
    Location:
    Saratoga, CA
    Given that this guy isn't a traffic enforcement officer, my money is on him not showing.
     
    GTO_04, JDG and stupidgts like this.
  4. kyle13

    kyle13 PSL +5 Intermediate User

    Messages:
    422
    Likes Received:
    231
    Country:
    France
    Joined:
    Mar 16, 2016
    Thanks sts always coming through! Tomorrow’s the big day I will update you


    Sent from my iPhone using Tapatalk
     
    JDG likes this.
  5. kyle13

    kyle13 PSL +5 Intermediate User

    Messages:
    422
    Likes Received:
    231
    Country:
    France
    Joined:
    Mar 16, 2016
    STS you put your money in the right spot, the officer was a no show, the judge called my name said the officer is not here, your citation is dismissed you are free to go, I got up and walked out the courtroom and took a deep sigh in relief!
     
  6. omgboost

    omgboost Left Lane Hog Security Attaché Advanced User Premium Member

    Messages:
    2,767
    Likes Received:
    3,124
    Joined:
    Oct 27, 2014
    Location:
    Forced Induction Land
    Congrats on the good outcome and thank you for the update.
     
  7. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

    Messages:
    7,022
    Likes Received:
    7,385
    Joined:
    Jan 14, 2017
    Location:
    Charlotte North Carolina
    God the great state of California
    Congratz
    That would never never never ever ever
    Happen in North Carolina
    They literally reschedule it for the officer to appear if he has a problem

    How's that for due process
     
  8. STS134

    STS134 Premium Member Advanced User Premium Member

    Messages:
    7,527
    Likes Received:
    6,154
    Country:
    United States
    Joined:
    Mar 6, 2014
    Location:
    Saratoga, CA
    Cool!

    Note the key thing the OP said in post #1: he went to his arraignment, pleased not guilty, and most importantly, did not waive time. This starts a clock that runs until 45 days from your arraignment. You then schedule the trial very close to that deadline, say 43 days after arraignment. If the officer does not show, the court will not be able to reschedule the trial without violating your right to a speedy trial, and your case gets dismissed by default.
     
    Tregar likes this.
  9. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

    Messages:
    7,022
    Likes Received:
    7,385
    Joined:
    Jan 14, 2017
    Location:
    Charlotte North Carolina
    Ahh you are right
    Thanks for the brush up
     
  10. kyle13

    kyle13 PSL +5 Intermediate User

    Messages:
    422
    Likes Received:
    231
    Country:
    France
    Joined:
    Mar 16, 2016
    All I could think in my head was "i would like to invoke my right to a speedy trial", soon as the judge asked what I would like to do, i blurted that out. My friend actually just called me today, she was cited today for speeding, Im going to help her fight it since the officer claims she lidar'd her but my friend said she was moving and we all know you cant use a lidar gun while in motion. lol should be a fun case, may start a thread so we can provide information to others if it happens.
     
    OBeerWANKenobi likes this.