speeding ticket

[rhoyle]

Originally Posted by blackraven1425

Yes, the law is the law, and the legal system is only able to interpret and administer the law. Now, step back from the legal system, and open your mind to the possibility that laws may be unjust, unfair or arbitrary, and you can see his point.

"The law is the law" is absolutely not a justification of the law except in a courtroom. Is warrantless wiretapping right because it's the law? Are airstrikes against civilian targets right because it's the law? Was the internment of individuals of Japanese heritage right because it was the law? These are extreme examples, but these laws are all subject to the same scrutiny we're talking about here.

In legal land, the law is the law - the speed limit is 40 and you get caught doing 80, you broke the law and will have to pay for it. But back in reality, every law is subject to the same kind of evaluation and discussion as anything else in the world. The real question isn't "Is 60mph is a 40mph zone legal?", it's "Is the 40mph speed limit right?".

Red Herring much?

Your extreme examples are quite a long way from relevant. They all involve the rights of others being violated. You're hung up on "is this right" but you forget to realize that driving itself isn't a right. The courts have covered this many times over; no ones rights are violated by a speed limit. Speed limits and traffic control are not bounded by being fair or just. Those concepts don't apply.

Beyond that, the OP isn't looking to change the speed limit, he's looking to avoid paying the ticket. Discussions or evaluations of limits placed on a privilege (driving) are off topic and off point.

As far as i know in California, if you are doing 25MPH+ over you get your license taken away. If you are doing above that such as the 85 in a 40MPH zone, you lose your license, get a felony on your record, your car gets impounded and you go to jail.

I agree with most everyone else, that speed is just way to high for that zone, i speed almost everyday (about 5mph over its california everyone does here lol). But i never exceed 10MPH over the speed limit at any time. So as far as what i can say, be happy you aren't sitting in jail right now.

[sol740]

Having owned a vette Z06, I babied it, garaged it, and loved it. 95% of the time when it was out on the road it was cruising within 10mph of the speed limit. The other 5% of the time, well ...

[Mandy]

Stop raising my insurance rates, you scumbag.

[HotLava]

Originally Posted by SilentAngel

As far as i know in California, if you are doing 25MPH+ over you get your license taken away. If you are doing above that such as the 85 in a 40MPH zone, you lose your license, get a felony on your record, your car gets impounded and you go to jail.

I agree with most everyone else, that speed is just way to high for that zone, i speed almost everyday (about 5mph over its california everyone does here lol). But i never exceed 10MPH over the speed limit at any time. So as far as what i can say, be happy you aren't sitting in jail right now.

Here are the penalties for going over 100 in California:
First offense: Fine of up to $500.
Second offense with 3 years of prior conviction: fine of up to $750.
Third offense within 5 years of 2 or more prior convictions: fine of up to $1000.
Court may also order license suspension for up to 30 days for first offense. Veh C §13200.5.
Six-month mandatory license suspension for second conviction within 3 years of prior conviction. Veh C §13355(a).
One-year mandatory license suspension for third or subsequent conviction within 5 years of 2 or more prior convictions. Veh C §13355(b).
Conviction has traffic violation point count of two points. Veh C


Your car is not impounded, you don't go to jail and nothing scary happens.

[Spencer Strayer]

I think one thing we can all agree on is the police in the U.S. SUCK! (as in theyre annoying and wont let me speed lol) however, I guess this is justified to all the idiot drivers we have.

[strat61caster]

Originally Posted by HotLava

Your car is not impounded, you don't go to jail and nothing scary happens.

Originally Posted by HotLava

Court may also order license suspension for up to 30 days for first offense. Veh C §13200.5.
Six-month mandatory license suspension for second conviction within 3 years of prior conviction. Veh C §13355(a).
One-year mandatory license suspension for third or subsequent conviction within 5 years of 2 or more prior convictions. Veh C §13355(b).

Loosing the ability to transport yourself freely (lets be honest California public transit outside of specific large urban areas is nonexistent and pretty useless 75% of the time) is pretty scary.

Not to mention your costs of insurance are going to skyrocket, had a cousin get in a street racing accident, his insurance was close to ~$1,000 per month.

[HotLava]

Originally Posted by strat61caster

Loosing the ability to transport yourself freely (lets be honest California public transit outside of specific large urban areas is nonexistent and pretty useless 75% of the time) is pretty scary.

Not to mention your costs of insurance are going to skyrocket, had a cousin get in a street racing accident, his insurance was close to ~$1,000 per month.

It's not mandatory on your first conviction. Your license should be suspended if you get caught more than once. But that's a lot different than Ontario, Canada where going something like 20+ over the limit is a 5,000 dollar fine plus impound.

I would also add that I know someone caught going over 100 on the I-5 south of Bakersfield. Believe it or not, the law allows the judge to consider 'other factors' in determining conviction and punishment. Those 'other factors' are:

(1) What type of car was used
(2) Condition of tires (as logged by the CHP)
(3) Amount of congestion on the road
(4) Was seat belt used
(5) Was anyone else in the car at the time

Her lawyer had all the 'right' answers to those questions so she wasn't charged with going over 100 but got some other much lesser conviction instead. I had no idea something like going over 100 could be bargained down based on other factors. I doubt this would happen if you had a 'sports' car as I'm sure the judge would believe you were speeding on purpose. I'm just saying it's not always a black and white case. Laws seem to be much tougher back east.

[naikaidriver]

Originally Posted by HotLava

It's not mandatory on your first conviction. Your license should be suspended if you get caught more than once. But that's a lot different than Ontario, Canada where going something like 20+ over the limit is a 5,000 dollar fine plus impound.

I would also add that I know someone caught going over 100 on the I-5 south of Bakersfield. Believe it or not, the law allows the judge to consider 'other factors' in determining conviction and punishment. Those 'other factors' are:

(1) What type of car was used
(2) Condition of tires (as logged by the CHP)
(3) Amount of congestion on the road
(4) Was seat belt used
(5) Was anyone else in the car at the time

Her lawyer had all the 'right' answers to those questions so she wasn't charged with going over 100 but got some other much lesser conviction instead. I had no idea something like going over 100 could be bargained down based on other factors. I doubt this would happen if you had a 'sports' car as I'm sure the judge would believe you were speeding on purpose. I'm just saying it's not always a black and white case. Laws seem to be much tougher back east.

So would I get in less trouble for going 100mph in a Z06 than in a 1982 Chevy Citation, or less?

Scott

Originally Posted by HotLava

Here are the penalties for going over 100 in California:
First offense: Fine of up to $500.
Second offense with 3 years of prior conviction: fine of up to $750.
Third offense within 5 years of 2 or more prior convictions: fine of up to $1000.
Court may also order license suspension for up to 30 days for first offense. Veh C §13200.5.
Six-month mandatory license suspension for second conviction within 3 years of prior conviction. Veh C §13355(a).
One-year mandatory license suspension for third or subsequent conviction within 5 years of 2 or more prior convictions. Veh C §13355(b).
Conviction has traffic violation point count of two points. Veh C


Your car is not impounded, you don't go to jail and nothing scary happens.

LOL, Lies from my parents and there friends/family then, never been the type of person to really look to far into things. Either way i don't really speed to much, thanks for the info though lol.

[HotLava]

Originally Posted by naikaidriver

So would I get in less trouble for going 100mph in a Z06 than in a 1982 Chevy Citation, or less?

Scott

Hmm. Hard to say. It could go a couple of different ways:

Sports car=deliberate speeding=more punishment
Regular v-6 car=capable of going 100 safely but perhpas not on purpose=less punishment
POS car=can't really going 100 safely=maybe more or less punishment depending on judge

The lady I knew was caught in a V-6 Camry. To be honest, I once caught my wife pushing my 96 Corolla I used to have up to almost 100 on a desert highway. She was upset about something, was thinking about it, and didn't realize she was going that fast. I only noticed beasue the car started to shake a bit. So it can happen.

[naikaidriver]

Originally Posted by HotLava

Hmm. Hard to say. It could go a couple of different ways:

Sports car=deliberate speeding=more punishment
Regular v-6 car=capable of going 100 safely but perhpas not on purpose=less punishment
POS car=can't really going 100 safely=maybe more or less punishment depending on judge

The lady I knew was caught in a V-6 Camry. To be honest, I once caught my wife pushing my 96 Corolla I used to have up to almost 100 on a desert highway. She was upset about something, was thinking about it, and didn't realize she was going that fast. I only noticed beasue the car started to shake a bit. So it can happen.

Personally, if I were a judge, I think I would issue out a stiffer punishment for the guy doing 100mph in the 30 year-old shitbox.

If someone is pushing (if you want to call it "pushing") a Z06 to 100mph, he is putting himself and other drivers at risk because he/she may or may not crash.

If someone is pushing (this would REALLY be pushing) a 1982 Citation to 100mph he is putting himself and other drivers at risk because he/she may or may not crash when the car spontaneously explodes from the strain.

Scott

[fatoni]

i dont know if its been talked about but just postpone it a couple times and then ask for a trail by declaration. look up how to utilize that and hope the officer doesnt even respond. if he does, you can still go to court. i have done it three times and have never go to court. there are a host of benefits to a trial by declaration so i strongly suggest it.

[Foobar]

Just an FYI - that's a minimum fine in NY of $360, maximum of $600, automatic 8 points. One more MPH and you'd have been at 11 points (automatic license suspension).

Oh, and don't think you're done yet - 6 points within 18 months in NY triggers the Driver Responsibility Assessment. You will be levied a fee of $100 each year for three years for 6 points. Each additional point is another $25. You're now facing $450 extra in fines over the next 3 years, on top of whatever your ticket fine was (at least $360).

New York state has some of the harshest fines out there. Probably second only to California.

Edit - I thought your violation was 80 in a 40, I see it's 85 in a 40. That's an 11 point hit, automatic license suspension, $225 Driver Responsibility Assessment each year for 3 years.

Unless the Cop wrote you up for a lesser violation, you shouldn't even have your license right now. I guess it'll probably get suspended when you go to court. Not sure if lawyering up will help you plea the violation down or not.