[Vegetable]

Hey guys!

I was pulled over in my home town by the California Highway Patrol. I immediately, politely said I was sorry for speeding (my go to line, if you will) even though I wasn't (I was going 25MPH in a 40MPH zone due to traffic). The police officer said he had no idea how fast I was going, but an aircraft clocked me doing 95MPH in a 65MPH zone 15 miles south of where we were. I certainly wasn't going 95MPH that day. I have my little speed beep set at 75MPH because I have a tendency to go 5 to 10MPH over the speed limit on the highway , and it never went off.

My stomach still hurts from this since I have two other violations in the last six months - one for going 4MPH over in a 65MPH zone and one for 5MPH over in a 65MPH zone. There is zero tolerance for speed here due to the influx of highway patrol officers training up here, and they have boasted to me about the money they make per ticket. The fact that I drive an M4 (one of only six or so in the entire county) probably doesn't help.

My question is this. Should I get an attorney for my first scheduled court date or wait to see if they show up and hire an attorney afterwards if a trial is set?

Thanks for any advice.

[ScottyRyan2019]

In all likelihood the CHP was using their FLIR/GPS system for speed enforcement instead of the old way of timing you across painted mile markers. There will be a video of the violation and in all likelihood a video of the entire enforcement action over the 15 miles it took to get a ground unit to catch up to you. You can try the "they got the wrong guy" defense, but the video will show whether or not they did. Or you can go to court and hope not everyone shows up.

[///M Power-Belgium]

Show them this...

[protecon]

First rule is never admit to anything.
Opening with admission is like giving a LEO a free pass to ticket you, irrespective if you might have just had a warning issued.

Just be polite and don't be afraid to ask questions.

[Clark_Kent]

Your go to line should never be to admit guilt to a LEO, especially for traffic violations. I suppose you would've let him search your car as well if he asked nicely. Anyhow, I believe you have a fight you cannot win. Just take this lump and be better next time.

[Grumpy Old Man]

Originally Posted by protecon

First rule is never admit to anything.
Opening with admission is like giving a LEO a free pass to ticket you, irrespective if you might have just had a warning issued.

Just be polite and don't be afraid to ask questions.

Admitting what you did more often than not will get you some slack with the cops. The police don't need a free pass to lay charges. If they have stopped you they already know what offence you have committed, they don't need you to admit it. Be polite, windows down, interior lights on, music off and stay off your phone. Apologize and then ask for a break.

[SamelCamel]

The fact that you have two other recent infractions means you are most likely not getting out of this one. It might be different if it were your first offense. If there is concern that you may receive too many points on your license, you may need to weigh that with the cost of an attorney. A traffic attorney may be able to keep the points off your license, but at a cost. If you are certain you are going to ask the judge for a trial date, then you may be able to wait to hire someone until that date is set.

Good luck!


-Sam

[SteveinArizona]

I agree with the other posters. My question is why do you have the speed indicator set above the speed limit if doing so is getting you speeding tickets? In Arizona, the photo radars are set to kick in at 10 mph above the speed limit so many drivers use that "grace" rate when setting their cruise controls. But if you are getting tickets for going 4 mph over the speed limit, adjust your settings!

Your M4 is likely a cop magnet. Maybe you can reverse the usual posing and change your exhausts to one on each side from two (making the cops think you merely have a 4 series car).

[Germanauto]

Wow where do you live if you don’t mind me asking? I’m curious as I’m moving to California in a matter of weeks.

Tickets for going 4 and 5 mph over on the highway, then something potentially bs from 15 miles back? It’s like Big Brother watching.

[shiv.nandak]

Always fight all tickets with a lawyer!! i can't say this enough. It's important to keep your record perfect because it's easy to get tickets dismissed when it is perfect.

This involves doing some research on the lawyer you are going to hire. You need to find one that is familiar with the Judge/Court and is confident that they can turn it into a parking ticket/ just get it dismissed. Usually they will tell you the likely outcome before you hire them.

ALSO: I've had a few friends have success with this on out of state tickets. You call the court and talk with the clerk - tell them you can pay the full cost of the ticket immediately if it's possible for them to make a 0 point ticket or convert it into a non-moving violation. Usually they are happy to do it - especially if its a small municipality.

[Mason Hatcher]

Originally Posted by SteveinArizona

I

Your M4 is likely a cop magnet. Maybe you can reverse the usual posing and change your exhausts to one on each side from two (making the cops think you merely have a 4 series car).

I don't think the average traffic enforcement officer knows the difference between a 4 and an M, especially from the number of exhaust tips.

[Efthreeoh]

Seriously, CHP pulls someone over for violating the speed limit by 5MPH? LOL. In Virginia we don't even HAVE a price for exceeding the speed limit less than 10MPH.

Always let the LEO ask questions and give short, polite answers. You are not guilty to anything until proven in a court proceeding. Signing the ticket is not an admission of guilt. Go to court and have the State prove it was you. For 35 MPH over, I'd get a traffic attorney.

Good luck with it.

[Socal_R8]

4 and 5 over ??? You could have easily got out of those ones by just going to court and I honestly can’t believe they even gave you a ticket for that.... it is usually the rule of thumb here in So Cal that 10mph over is when you might get a ticket.


Never heard of such nonsense of a ticket for 4mph over....can you please post a pic of this ticket just so we can try to believe it

[G35POPPEDMYCHERRY]

either major details are missing from this story or OP gets speeding tickets for going 5 over consistently.


go motion for discovery and see what they will use to prosecute you. Pull bodycam.

[Mandi90TT]

Originally Posted by Grumpy Old Man

Admitting what you did more often than not will get you some slack with the cops. The police don't need a free pass to lay charges. If they have stopped you they already know what offence you have committed, they don't need you to admit it. Be polite, windows down, interior lights on, music off and stay off your phone. Apologize and then ask for a break.

So, I shouldn't start out with "ArE YoU dEtAiNiNg mE????"

[roastbeef]

something isn't adding up. two previous tickets for around 5mph over in the last six months? did you go to court on those yet?

[Fender150]

Dont get this ticketing for 4-5mph over, absolutely insane

[shiv.nandak]

Originally Posted by Dave 90TT

So, I shouldn't start out with "ArE YoU dEtAiNiNg mE????"

Always start with calling them a racist and accuse them of targeting you. This lets them know that you are not an easy target and you know your rights.

[G35POPPEDMYCHERRY]

best to say completely silent so the cops doesnt write an essay for your incidient and you can trip his up or discredit his version of the facts two weeks later.

detaining me nand arguing surely comes with a police report that puts the smoking gun in your hand.

[mikesx4911]

Get a traffic lawyer. I have used ticket clinic a couple of times and got them dismissed and didn't have to go to court. It's like 150 buxs.

[shay2nak]

Yeah, never admit guilt.

I am shocked you’re got ticketed for 5 over and below. It never happens.

Depending on the circumstances, you can talk your way out of it. You have to answer their questions correctly and say the right things. I would say I’m very fortunate. However, the last one, I couldn’t get out of. And for that I hired a lawyer.

[chowser51]

You’re supposed to start with I was not driving. I was traveling. Lol.

Cop probably had bodycam running the whole time.

5mph over??? Even Ohio State Patrol gives us 7mph before pulling us over!