First Speeding Tckt in CA, Questions on Court

[KMax]

Hi, all, I just received my first speeding ticket in over 10 years, first time in CA, and I have some questions. Been browsing the forums but I haven't been able to see these specific questions. I'm trying to gauge my chances for fighting this...

1. In San Diego county, is the police officer who gave the ticket also the prosecutor?
2. Is the police officer required to show up in this county? From reading posts in this forum, I gather the case may be dismissed if he doesn't show up, however, I'm trying to find out if he's *required* to show up in this county. (Hard to Google that!)
3. Anyone know the percentages of cases thrown out in San Diego? (I read the comments about New York traffic courts... *shudder*)
4. What is the ballpark figure for retaining a lawyer? Or is it simple to do oneself?
5. Given the specifics below, would it be more reasonable to file a trial by declaration?

Specifics on the event:

Clear day, around 4pm. I was driving mostly with the flow of traffic (posted speed limit is 45 but I tried that this morning and everyone was going over 10 miles the speed limit all around me). The road is a four-lane, with intermittent median, and I was on the far right lane (passing an SUV nearly pacing me on my left). Cop was parked on a side street/intersection to the left -- that is, I had three lanes and an intersection in between myself and the cop. The road turns a bit to the right as you come up onto that intersection. He says he clocked me with a radar at 63 mph; I didn't admit to anything (as, frankly, I didn't look at my speedometer).

I stomped on my brakes harder, and I drive a convertible, so my friends told me that's why I got pulled over (vice the SUV).

I know I was going faster than the posted speed limit -- like I said per my driving this morning, EVERYONE speeds on San Cristobal, because it's fairly remote, well-paved, and not busy. I'm not certain I was doing 63mph -- I may have been slightly in front, however, there were two vehicles about four car-lengths in front of me, and the SUV to my left (meaning in between myself and the cop).

I would like to find ways to mitigate any damage this will do to my insurance, as that above-mentioned convertible is already fairly high in insurance. ;D

Thanks for any help!

KM

 

[lwpat]

California Speeding Ticket

The officer has to show up or you can make a motion for the speeding ticket to be dismissed. It is unusual for a CHP officer to not show up since they get paid overtime for court.

You will receive a courtesy notice in a couple of weeks givng you the amount of the fine and notifying you that you are eligible for traffic school. This is the route selected by most drivers in your situation since this avoids a court appearance and the ticket does not show on your record. Here is a link with more info:

[/URL] CALIFORNIA ONLINE TRAFFIC SCHOOL

 

[KMax]

Thanks for the response! I was lucky -- it wasn't CHP, it was SDPD.

A follow-up question: I've heard that going to court may result in lower fines anyway, so is it worth my time to show up? Would I still receive the option of traffic school?

Man, I must be old, traffic school ONLINE? *blink*

Thanks again! KM

 

[lwpat]

California Speeding Ticket

Your courtesy notice will contain your court date. It may or may not be the one on the ticket. Whatever, do not let your court date go by without responding. If you decide to appear then the officer may not show and you can request a dismissal. Some CA judges will give the state a continuance but most dismiss.

If you plead not guilty or do a Trial by Declaration you normally lose the right to traffic school. This is Unconstitutional but nobody has gotten upset enough to take it that far.

Often you will also have the option of a lower fine rather than traffic school but this depends on the particular circumstances and the judge.