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Old 07-13-2010, 07:45 PM
 
65 posts, read 187,345 times
Reputation: 43

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Quote:
Originally Posted by Twinkle Toes View Post
Thanks, but I don't need a website to get legal advice. I am a licensed attorney practicing in CA.
Sorry for the confusion, the website (and the preceding paragraph) was advice that the OP could take a look at to fight his ticket.

Quote:
Originally Posted by BRinSM View Post
to add to that, i've never heard of a speeding ticket being dismissed.
It's always possible, even when pacing was used. I know someone who got their pacing speeding ticket dismissed by claiming he thought the cop was tailgating him and that's why his recorded speed was high, believe it or not.

Last edited by MidtownSacto; 07-13-2010 at 08:00 PM..
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Old 07-13-2010, 08:16 PM
 
Location: Full time RV"er
2,403 posts, read 3,704,406 times
Reputation: 1360
Quote:
Originally Posted by revelated View Post
You apparently haven't been in the system recently.

The old rules (circa 90's) yielded that if you got a ticket, you could go to the pre-trial and plead not guilty. Doing so bought you a couple of months, after which you would go and plead your case to a judge, and only have to pay if found guilty.

They changed that to where to even be allowed to plead not guilty, you have to pay the cost of the ticket as a "Deposit". No matter what you plead, you're paying the cost of the ticket. If you win the case it gets refunded to you.

California Courts: Self-Help Center: Traffic: Traffic Information



Research, before you refute.
sorry but , not wanting to be argumentative, but i have people going into court weekly using the c.p.c.853.9 , c.p.c.740 and DMV 40513 demand for a verified complaint with success. Try this, caught on radar 105 mph interstate 40 , used the above process, went to arraignment, set for trial, at trial case dismissed in the interest of JUSTICE ! Without the verified complaint when it is demanded the court does not have jurisdiction to hear the case. Their law states that fact if you do the research. And as for bail ? how can they demand anything when you were released on your own OR in the first place and they ( the court) don't have the legal authority to do anything by their own rules . People really need to get educated as to what is being done to them .
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Old 07-13-2010, 08:55 PM
 
2,153 posts, read 3,222,116 times
Reputation: 1495
Quote:
Originally Posted by Fighter 1 View Post
sorry but , not wanting to be argumentative, but i have people going into court weekly using the c.p.c.853.9 , c.p.c.740 and DMV 40513 demand for a verified complaint with success. Try this, caught on radar 105 mph interstate 40 , used the above process, went to arraignment, set for trial, at trial case dismissed in the interest of JUSTICE ! Without the verified complaint when it is demanded the court does not have jurisdiction to hear the case. Their law states that fact if you do the research. And as for bail ? how can they demand anything when you were released on your own OR in the first place and they ( the court) don't have the legal authority to do anything by their own rules . People really need to get educated as to what is being done to them .
Good for you. But you clearly didn't bother to read the link I posted.

I never said you can't get tickets tossed if there is a violation of your rights. In fact, I told the OP he needs to, once accepting of the fact that he broke the law, understand what his rights are. What I said is a factual statement.

If you plead not guilty in anticipation of a trial they will force you to pay a "deposit" in the amount of the ticket.

Look, if you don't believe me, walk your tail down to Kearny Mesa Supreme Court and ask them yourself. I don't agree with it either, but it's the rule - they won't let you plead not guilty unless you pay the ticket amount and if you don't pay it by the deadline, you'll get nailed with a penalty AND be sent to collections years after the fact with a direct threat to garnish your wages. I know what the OP is thinking because I thought the same way when I was 18/19. There were plenty of times I got tickets when others were going the same speed as me and I whined, but you know what? I broke the law and I paid for it years later.

Trust me - I'm quite familiar with how our traffic courts work. To even get an audience with a judge you're paying a "deposit" in the amount of the ticket. If/when you win, it gets refunded to you. But you still have to pay it in advance. Period.
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Old 07-13-2010, 09:14 PM
 
1,310 posts, read 1,876,299 times
Reputation: 560
And essentially, that is what the trial by written declaration demands as well, you NEED to pay the fine and if you win, it will be refunded to you.

That's how it worked for me. On one of my dismissals that I have hanging on my cork wallboard it says "you're $131 bail is exonerated and will be returned to you within 6-8 weeks"
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Old 07-13-2010, 11:01 PM
 
588 posts, read 1,088,726 times
Reputation: 429
Quote:
Originally Posted by mrmanz View Post
what are you talking about? my home base is new jersey, i am a visitor here.. when i buy a house/ open bank accounts/work here etc, then i can consider myself a resident..

so you are telling me if my friend decides to come and spend the summer with me here in cali, he has to switch license/etc, its BS

tons of people spend the summer in cali and go back home, jeez, go lookup the laws..

so basically if anyone comes to cali from another state, stays 2 weeks, then he must switch over.lol if so the dmv would be full 24-7

I spend so much time out of SD now that i dont consider myself a cali resident, i still have doctors, banks, family, etc in NJ, only thing i got in cali is a car and a place i rented monthly.. so im still a NJ resident, i pay my taxes to jersey, until i officially move here

p/s how the heck can i drive away? the person can get my insurance info, my license plate, etc.. u dont think they can track license plates back to home state?? i got a parking ticket first week i was here, they sent me a letter to ADDRESS in new jersey, how do u think they got that??

this is the usa, it doesnt matter what license plate the person has, you/your insurance can find him
Are you from the show Jersey Shore?
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Old 07-13-2010, 11:56 PM
 
Location: Full time RV"er
2,403 posts, read 3,704,406 times
Reputation: 1360
Quote:
Originally Posted by djxpress View Post
And essentially, that is what the trial by written declaration demands as well, you NEED to pay the fine and if you win, it will be refunded to you.

That's how it worked for me. On one of my dismissals that I have hanging on my cork wallboard it says "you're $131 bail is exonerated and will be returned to you within 6-8 weeks"
I read what you are saying but the fact is that those that have followed my directions have in fact had a hearing (arraignment) before a real "JUDGE" not a commissioner, and have plead not guilty after demanding the verified complaint , and in fact have been released on their own OR for trial because the judges know that they can't give you a verified complaint , and they don't have the jurisdiction to move forward with the action.
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Old 07-14-2010, 12:00 AM
 
Location: Full time RV"er
2,403 posts, read 3,704,406 times
Reputation: 1360
Quote:
Originally Posted by djxpress View Post
And essentially, that is what the trial by written declaration demands as well, you NEED to pay the fine and if you win, it will be refunded to you.

That's how it worked for me. On one of my dismissals that I have hanging on my cork wallboard it says "you're $131 bail is exonerated and will be returned to you within 6-8 weeks"
and in doing that you have givin them , "the court" jurisdiction , when what you need to do is make them PROVE they have in fact jurisdiction to be hearing the matter, those are your rights . and if you are not willing to stand and fight for them, then by all means just pay the fine ! !
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Old 07-14-2010, 08:05 AM
 
588 posts, read 1,088,726 times
Reputation: 429
How about taking responsibility for your actions and pay the ticket and the increase in your insurance. It’s not about how going 80 is no big deal or a big deal. You broke the law. You got caught. You should pay up. Do I speed? Sometimes. Have I received a ticket? Yes, admitted guilt, paid my fine, satisfied traffic school and dealt with my insurance increase.
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Old 07-14-2010, 08:29 AM
 
2,153 posts, read 3,222,116 times
Reputation: 1495
Quote:
Originally Posted by Fighter 1 View Post
and in doing that you have givin them , "the court" jurisdiction , when what you need to do is make them PROVE they have in fact jurisdiction to be hearing the matter, those are your rights . and if you are not willing to stand and fight for them, then by all means just pay the fine ! !
To others who might be reading posts like this, the gentleman is giving you very dangerous advice. I've already given a link which verifies, and a trip to the court also verifies, that you have no choice but to pay the fine regardless of whether you're pleading not guilty. If you win the case, you get your money back, but you still have to pay it before they let you even get a hearing. I don't know what part of this is not calculating to some of the people here.

Anyone contemplating just not paying at all and disregarding court procedures go right ahead. When the wage garnishment order comes to your employer I don't want to see you up on here whining, because I told you what the deal was.
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Old 07-14-2010, 09:43 AM
 
Location: Bella Vista, Ark
50,176 posts, read 42,669,043 times
Reputation: 21684
Quote:
Originally Posted by jbear182 View Post
How about taking responsibility for your actions and pay the ticket and the increase in your insurance. Itís not about how going 80 is no big deal or a big deal. You broke the law. You got caught. You should pay up. Do I speed? Sometimes. Have I received a ticket? Yes, admitted guilt, paid my fine, satisfied traffic school and dealt with my insurance increase.
Amen, me too!!!!!

Nita
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