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101 MPH Speeding Ticket (1 Viewer)

Rodrigo Duterte

Rodrigo Duterte

Footballguy
My friend "Fred", as it were, was the recipient of a speeding ticket in the California desert.  He did his best to get the officer to lower the clocked speed and after a nice conversation the officer finally obliged . . . . citing him for only going 100.  The officer claimed that the 1 MPH decrease would indeed make a difference.  He said there was some kind of threshold broken at 101 whereby the violation went to another level.  I am guessing reckless driving of some sort but have no clue.

1. Did the officer give Fred a break?

2. Should Fred get some legal help to somehow try and beat this thing or at least mitigate?

3. Initial court date is 7:30 AM, the morning after Memorial Day.  Could it be the officer may not show?  Fred remembers a day when that meant you would win your case automatically.  Still true?

Thank you for your input.

 
Of course he can beat it but he has to a ) show up and b ) go all out in his attire. Has you friend ever been in the military - does he have a uniform? If so that can have a huge impact on the judge. If not, does he belong to any ethnicity such as native American? Traditional Indian dress is practically a free ride. Otherwise cowboy or construction worker are your best options. Report back.

 
Capella said:
How would you expect to "somehow beat this thing?"
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 Oh Fred was just hoping the cop won't get up at the crack of dawn after a big Holiday weekend.  Fred has delusions of a cop at the river all weekend, possibly imbibing.  Otherwise he knows he won't beat it.  Fred was instead dreaming of traffic school in his future.  Everyone has hopes.  Maybe the officer will retire!

 
Rodrigo Duterte said:
 Oh Fred was just hoping the cop won't get up at the crack of dawn after a big Holiday weekend.  Fred has delusions of a cop at the river all weekend, possibly imbibing.  Otherwise he knows he won't beat it.  Fred was instead dreaming of traffic school in his future.  Everyone has hopes.  Maybe the officer will retire!
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What do you think happens on a holiday weekend for cops? They just all take off and go to the beach? 

 
Rodrigo Duterte said:
 Oh Fred was just hoping the cop won't get up at the crack of dawn after a big Holiday weekend.  Fred has delusions of a cop at the river all weekend, possibly imbibing.  Otherwise he knows he won't beat it.  Fred was instead dreaming of traffic school in his future.  Everyone has hopes.  Maybe the officer will retire!
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I need Fred in my life every time I think I can't do something. 

He seems full of ebullient dreams and latent hopes that I've lately found myself missing.  

 
NorvilleBarnes said:
Of course he can beat it but he has to a ) show up and b ) go all out in his attire. Has you friend ever been in the military - does he have a uniform? If so that can have a huge impact on the judge. If not, does he belong to any ethnicity such as native American? Traditional Indian dress is practically a free ride. Otherwise cowboy or construction worker are your best options. Report back.
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Very solid advice here.  This guy knows stuff.  

 
I had a friend get caught going 100 a few years back. He did get a nice cop who wrote it down to an 80 in a 65. Cop told him 100 is an automatic license revocation. I live in NY though.

....Fred's probably f###ed.

 
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Every parish/county is different.

Call an assistant DA tomorrow and see what's what. It sounds like a small county so it's probably doable.

You could also likely just plead guilty and pay the fine and avoid some yokel judge making an example out of you. 

And if you're not from there I have no idea why you (ahem er Fred) want to go back. If the convo with the ADA doesn't pan out just man up pay the fine. However if the convo does pan out you will likely have to show early before court, put on your best tie and suit, and you will have to cop a plea to a lesser charge before the judge.

Don't count on the cop not showing up.

 
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Rodrigo Duterte said:
My friend "Fred", as it were, was the recipient of a speeding ticket in the California desert.  He did his best to get the officer to lower the clocked speed and after a nice conversation the officer finally obliged . . . . citing him for only going 100.  The officer claimed that the 1 MPH decrease would indeed make a difference.  He said there was some kind of threshold broken at 101 whereby the violation went to another level.  I am guessing reckless driving of some sort but have no clue.

1. Did the officer give Fred a break?

2. Should Fred get some legal help to somehow try and beat this thing or at least mitigate?

3. Initial court date is 7:30 AM, the morning after Memorial Day.  Could it be the officer may not show?  Fred remembers a day when that meant you would win your case automatically.  Still true?

Thank you for your input.
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1. Yes, but if he had given you a 101 mph ticket he knows you're far more likely to fight it.  Probably did it mostly to get you to pay and avoid going to court.

2. Yes

3. Extend the court date as many times and as far as you can.  Hope the cop goes on vacation, forgets about it, etc.

 
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When I was 17, 6 minutes before my 18th birthday I got stopped going 128 on the NJ turnpike. My car was towed and I had to wait at the police station for my rents to grab me.  Apparently, if you exceed a certain threshold of points before turning 18 the punishment is essentially 10x worse. You have to go to an overnight class, lose your license is for an even longer amount of time and etc. I asked the teacher at the class and apparently I had the most points (14) he had ever heard of up until that point. Needless to say, it was almost th worst birthday ever. I say almost because my girlfriend at the time gave me a birthday hand job in the station while we were waiting. And yes, I was going 128 with my girlfriend in the car. And yes, her dad threatened my life shortly after the event.

 
Rodrigo Duterte said:
 Oh Fred was just hoping the cop won't get up at the crack of dawn after a big Holiday weekend.  Fred has delusions of a cop at the river all weekend, possibly imbibing.  Otherwise he knows he won't beat it.  Fred was instead dreaming of traffic school in his future.  Everyone has hopes.  Maybe the officer will retire!
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Believe in NYC the cops get one freebie postponment but if they drag it out then it gets dropped. 

Its a myth in my experience that Cops don't go to these court hearings.  They DO get paid for going, can't imagine easier money.

 
Fred may also face court costs for this sham show trial.  But maybe Fred should go to his mechanic and get his spedometer properly calibrated with a copy of the receipt and statement that it was "off" and maybe there would be pled down mercy.  Or if there is a threat of losing a license, get a traffic attorney.  They typically have a relationship with the court folks and will get you the most lenient possible penalty.

 
Rodrigo Duterte said:
 - Fred was hoping the cop won't get up at the crack of dawn after a big Holiday weekend.

- Fred has delusions of a cop at the river all weekend, possibly imbibing.

- Fred knows he won't beat it. 

- Fred was instead dreaming of traffic school in his future. 

- Fred is stupid.

- Don't be like Fred.
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Fixed

 
Wait, so the 101+ is a "serious" charge of a $500 fine?

Hell, I got a $800 ticket outside of Atlanta for going 80 in a 55 like half a mile after the speed limit had changed from 70.

Not sure what the penalty is for 100, but at less than a $500 fine it seems like a no-brainer just pay it.  If you show up in court and plead guilty or do the "deal with the prosecutor" thing you can probably even get it reduced.  I would not bother screwing around with a not-guilty plea unless you're at risk of losing your license.

 
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FreeBaGeL said:
Wait, so the 101+ is a "serious" charge of a $500 fine?

Hell, I got a $800 ticket outside of Atlanta for going 80 in a 55 like half a mile after the speed limit had changed from 70.

Not sure what the penalty is for 100, but at less than a $500 fine it seems like a no-brainer just pay it.  If you show up in court and plead guilty or do the "deal with the prosecutor" thing you can probably even get it reduced.  I would not bother screwing around with a not-guilty plea unless you're at risk of losing your license.
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$500 is the fine amount but 'court costs' make it triple that.

 
cstu said:
$500 is the fine amount but 'court costs' make it triple that.
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:confused:

Unless you plead not-guilty and make an actual case out of it there aren't any court costs, right?

For mine I just showed up, said guilty, and the judge said OK just go pay $250 instead of $800.  Different state though.

 
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FreeBaGeL said:
:confused:

Unless you plead not-guilty and make an actual case out of it there aren't any court costs, right?

For mine I just showed up, said guilty, and the judge said OK just go pay $250 instead of $800.  Different state though.
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If you win (most likely because the cop didn't show up) then you pay nothing.

 
Always show up for court. There is a chance greater than zero that the cop does not show up and it gets dismissed. This happened to my friend "Bob" last summer when he got a ticket for speeding in a construction zone on I-10. He showed up for court in this 10k person town and the State Trooper who pulled him over was not present. In fact, out of the 60 some odd degenerates in the audience that day approximately half of their tickets were dismissed because the LEOs were not present. They apparently were all out at the lake getting smashed that day.

You have a good shot at getting a dismissal, and if the officer does show up then make sure you are wearing your second nicest suit, be polite to the judge, own up to your poor judgement, and you will likely get the charges reduced to a fine and maybe a few points.

 
Dignan_ said:
Always show up for court. There is a chance greater than zero that the cop does not show up and it gets dismissed. This happened to my friend "Bob" last summer when he got a ticket for speeding in a construction zone on I-10. He showed up for court in this 10k person town and the State Trooper who pulled him over was not present. In fact, out of the 60 some odd degenerates in the audience that day approximately half of their tickets were dismissed because the LEOs were not present. They apparently were all out at the lake getting smashed that day.

You have a good shot at getting a dismissal, and if the officer does show up then make sure you are wearing your second nicest suit, be polite to the judge, own up to your poor judgement, and you will likely get the charges reduced to a fine and maybe a few points.
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Here's the problem in California - your first court date is simply to plead guilty or not guilty.  If you plead not guilty then an actual trial date is set up. 

This is why I say file an extension (you can do it online) for the first court date (believe you can do it twice) and twice more for the actual trial date.  That can put it a year out and increases your chances of the officer not being there.

 
cstu said:
Here's the problem in California - your first court date is simply to plead guilty or not guilty.  If you plead not guilty then an actual trial date is set up. 

This is why I say file an extension (you can do it online) for the first court date (believe you can do it twice) and twice more for the actual trial date.  That can put it a year out and increases your chances of the officer not being there.
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This is exactly right.  Put it out as far as possible...cite whatever excuses sound reasonable once you get the first or second extension.  Just keep pushing it.

The cop may not make it due to vacation or being stationed elsewhere, retired, whatever...at the very least, he may forget some details.

 
cstu said:
Here's the problem in California - your first court date is simply to plead guilty or not guilty.  If you plead not guilty then an actual trial date is set up. 

This is why I say file an extension (you can do it online) for the first court date (believe you can do it twice) and twice more for the actual trial date.  That can put it a year out and increases your chances of the officer not being there.
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Is stuff like this why court costs are so ridiculously expensive? I know it's a 'know your rights' type of thing, but I'm curious what the ramifications of people doing things like this are on the court system as a whole. Clearly guilty party trying to get out of it on the off chance hoping the cop might not show up via 5 scheduled court dates.

 
SameSongNDance said:
When I was 17, 6 minutes before my 18th birthday I got stopped going 128 on the NJ turnpike. My car was towed and I had to wait at the police station for my rents to grab me.  Apparently, if you exceed a certain threshold of points before turning 18 the punishment is essentially 10x worse. You have to go to an overnight class, lose your license is for an even longer amount of time and etc. I asked the teacher at the class and apparently I had the most points (14) he had ever heard of up until that point. Needless to say, it was almost th worst birthday ever. I say almost because my girlfriend at the time gave me a birthday hand job in the station while we were waiting. And yes, I was going 128 with my girlfriend in the car. And yes, her dad threatened my life shortly after the event.
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Did you steal this story from penthouse forum? 

 
I went to court.  Cop was there. Had a lawyer.  They knocked it down to 86 in a 55.   Still 5 points. Insurance tripled and I paid $430 to just leave the court. This is NJ

 
There's definitely court costs when going before the judge. Lawyers have helped me in the past, but it was through one of those services you get through work.  You get some local guy who knows the da well.  

 
I tried fighting a ticket once (it was a BS ticket...something like illegal lane merge in a construction zone because some other ####### was sitting on their phone and I cut in front of them)....wrote me up for the classic Impeding Traffic.  Anyway I show up a court and cop says "i can tell you the judge will take my word over yours and you will lose and if that happens you get the original offense (with fines and points doubled in construction zone) or you can go pay the fine and be done with it"

I was tempted to call BS and fight it but figured the risk outweighed the reward

tl;dr version: careful because there's a chance "Fred" gets charged with the 101 instead of 100

 
I haven't had points off of my license in 5+ years but I've been pulled over many times.  

My advice:

Fight every ticket by either going to court or calling the ADA and asking to change the violation to a non-moving infraction.  If they agree to change the charge, be prepared for a higher out of pocket outcome in exchange for no points.

 
Pots said:
Is stuff like this why court costs are so ridiculously expensive? I know it's a 'know your rights' type of thing, but I'm curious what the ramifications of people doing things like this are on the court system as a whole. Clearly guilty party trying to get out of it on the off chance hoping the cop might not show up via 5 scheduled court dates.
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I don't know how it is in CA but I have a buddy that's a cop here in PA and he said it is very rare for cops not to show because they schedule the court dates around them and the cop usually arranges so he get paid overtime.  He said in he had never missed a court date in 15 years cause it was easy money.

 
I'm surprised that 100mph is just a small fine and 2pts in CA.  That's slap on the wrist stuff.  You'll spend days in jail and lose your license for that here in VA.  Jason Werth got 5 days and 6 months recently.

 
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cstu said:
101 mph is nothing out in the desert.
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Officer Pete Malloy said:
Bull####
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Not sure what kind of car you drive, OPM, but for any decent touring sedan, 100mph on open road feels no different than 60mph. I've personally hit 140 on a nice open stretch of highway in Southern Mississippi on the way to New Orleans last year and it was a bit spooky, but still a shockingly smooth ride. We averaged right at 100mph on the trip and the only time things even felt remotely unsafe was when we pushed past 120ish. 

Absent much traffic, modern cars are easy as hell to drive 100mph on well maintained freeways. 

 

 
[icon] said:
Not sure what kind of car you drive, OPM, but for any decent touring sedan, 100mph on open road feels no different than 60mph. I've personally hit 140 on a nice open stretch of highway in Southern Mississippi on the way to New Orleans last year and it was a bit spooky, but still a shockingly smooth ride. We averaged right at 100mph on the trip and the only time things even felt remotely unsafe was when we pushed past 120ish. 

Absent much traffic, modern cars are easy as hell to drive 100mph on well maintained freeways. 

 
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There's the rub.

 
wdcrob said:
I'm surprised that 100mph is just a small fine and 2pts in CA.  That's slap on the wrist stuff.  You'll spend days in jail and lose your license for that here in VA.  Jason Werth got 5 days and 6 months recently.
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For 100MPH?!!  Was he in a 20mph school zone?! 

The average flow of traffic on most freeways is 80-85mph down here. 

 
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Dan Lambskin said:
I tried fighting a ticket once (it was a BS ticket...something like illegal lane merge in a construction zone because some other ####### was sitting on their phone and I cut in front of them)....wrote me up for the classic Impeding Traffic.  Anyway I show up a court and cop says "i can tell you the judge will take my word over yours and you will lose and if that happens you get the original offense (with fines and points doubled in construction zone) or you can go pay the fine and be done with it"

I was tempted to call BS and fight it but figured the risk outweighed the reward

tl;dr version: careful because there's a chance "Fred" gets charged with the 101 instead of 100
Click to expand...
The cop was lying - you can't be found guilty of more than the original ticket.

 
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