I got a speeding ticket in WinterHaven on I-8 (San Diego: credit card, school)

[rcjhku]

Originally Posted by Bench Warmer

I was driving home to AZ from San Diego yesterday when I got pulled in Winter Haven. Officer had me at 85 in a 70, but cited me for 75 in a 70. The whole ride to San Diego, I had my cruise control on 85, with no problems. The speed limit in AZ is 75 for the most part, I didn't realize it changed to 70 in CA... I guess I'm an idiot for not slowing down around the state lines... Should have known better....


Anyways, I'm probably just going to pay the fine, but I'm wondering if anyone here has ever fought a CHP citation in WinterHaven.. I'm tempted to hire a lawyer and get rid of this thing.. It's been over 5 years since I got a speeding ticket.. I'd like to keep that streak going...


Anyone know a lawyer that is in cahoots with the fine judges in Winterhaven?



Thanks for your time,
Bob

Bob, you came to the right place. A lot of people here can help you. Just hold your breath until they do!

[shmoov_groovzsd]

Originally Posted by oregondriver

Hi shmoov_groovzsd,

Out of curiosity, what is a meter reading?

I notice on the citation, he wrote the word (pace) under the word speed.

Just looking for clues!

thanks

Originally Posted by echo42

Pace means they were following you at your speed over the course of a few miles generally and deducted your speed through his observation. Sometimes shorter distances.

Bob,

Sorry for the delayed response...life I tell ya!

So I was referring to a meter reading when they 'zap' you with a speed gun. When pleading a case for a ticket, having proof if they did get you with the speed gun, could help. However, I jumped to conclusions thinking this is how the CHP got you.

echo42 is spot with 'pace.' He must have been following you for a couple miles or tailing you.

I find it in that area. I havent been out that way in a while, but if memory services, its basically sea level and totally flat in that area. So the chance of you going downhill and catching that kind of speed seems unlikely.

I would definitely contest the ticket, especially if you have a clean record.

It seems worth doing, especially since you are retired and arent in a rush anyhow

[echo42]

So if you contest, I believe you will end up in Imperial County court. That may be quite a trip, but if you got nothing else going on...go for it.

When contesting a ticket, the first strategy is to hope the CHP officer does not show up. This happens enough to make it worthwhile. If the officer is based out of Winterhaven and he has to go to El Centro for court, lots of stuff could happen in between...another speeder, responding to an accident...etc.

If he does show, you may want to ask where he started following you, what he used for landmarks to track the speed, what did he use to track the distance between his car and your car...stop watch, digital watch. Maybe it was possible he was off by a second, tenth..etc. I would go in with the objective of at least getting it knocked down below 80. If a ticket has 80+ that is an enhancement and bumps up the fine.

Never question the officer's integrity. It will not turn out well. Questioning the process and errors or possible mistakes is legitimate and is reasonable.

Then when you're done, share the info with us so we know when to slow down.

[Pedro2000]

Originally Posted by echo42

So if you contest, I believe you will end up in Imperial County court. That may be quite a trip, but if you got nothing else going on...go for it.

When contesting a ticket, the first strategy is to hope the CHP officer does not show up. This happens enough to make it worthwhile. If the officer is based out of Winterhaven and he has to go to El Centro for court, lots of stuff could happen in between...another speeder, responding to an accident...etc.

If he does show, you may want to ask where he started following you, what he used for landmarks to track the speed, what did he use to track the distance between his car and your car...stop watch, digital watch. Maybe it was possible he was off by a second, tenth..etc. I would go in with the objective of at least getting it knocked down below 80. If a ticket has 80+ that is an enhancement and bumps up the fine.

Never question the officer's integrity. It will not turn out well. Questioning the process and errors or possible mistakes is legitimate and is reasonable.

Then when you're done, share the info with us so we know when to slow down.

I hear this all the time, but it's never been true for me or anybody I know. Officer doesn't show up and they reschedule. It sucks, but that happened to me years ago a few times, it's happened to friends of mine and so on. Maybe it works now and again for some people, but i always hear people say "if the officer doesn't show up" line and I just don't believe it because I've seen it not mean anything. So yeah, take that chance, but I wouldn't count on it.

[echo42]

Originally Posted by Pedro2000

I hear this all the time, but it's never been true for me or anybody I know. Officer doesn't show up and they reschedule. It sucks, but that happened to me years ago a few times, it's happened to friends of mine and so on. Maybe it works now and again for some people, but i always hear people say "if the officer doesn't show up" line and I just don't believe it because I've seen it not mean anything. So yeah, take that chance, but I wouldn't count on it.

Was that in san diego? In my experience, they are pretty strict with their docket.

But it does relate to a smaller county, like Imperial, they may be willing to push court dates.

[k2rider]

I can't speak for Imperial County but in San Diego County the case is dismissed if the officer doesn't show up for any reason and he didn't send the defendant a continuance notice ahead of time.

For the Oregon driver....You can *probably* do a trial by declaration which is essentially fighting it by mail. Even if you "lose" this process, you still have other options.

Even though I don't agree with his online "attitude",the poster talking about getting a lawyer is mostly right because what the lawyers do is play let's make a deal with the court. The officer agrees to amend the violation for a guilty plea on another charge. I personally think it's sketchy behavior at times but it has to approved by the judge so it's obviously legal.

[Pedro2000]

Originally Posted by echo42

Was that in san diego? In my experience, they are pretty strict with their docket.

But it does relate to a smaller county, like Imperial, they may be willing to push court dates.

My friends have had it happen in San Diego, mine was back in NJ and Philly years ago. Yes, if an officer doesn't show up and doesn't call the courts and so on, it's most likely to be dropped. But if the Officer gets caught in doing actually police work and calls in at like 10am for an 11am appearance, the Judge will reschedule.

It's usually up to the judge. And many judges aren't going to dismiss a ticket because a police officer couldn't make it for doing police work. They usually dismiss it if an officer was MIA. I honestly haven't seen or heard of many officers being MIA as that comes back on them.

In my case it sucked because i had to be in court by 9am, but officer never showed up. I remembered all these stories around dismissed if officer doesn't show up, and then my case gets called, and I'm told officer isn't here, he was stuck doing something like a robbery case, I forget, but he should be back later that afternoon. So my case was rescheduled for like 3pm. Being this court house wasn't close to my house or work, I was pretty much screwed to stick around that area most of the day.

[Chelito23]

As a resident of Imperial County and someone who ocasionally works at the Superior Court, I will add my perspective.

First of all, the stretch from Hwy 98 on the 8 Freeway all the way to the AZ line is basically a CHP speed trap. They park on top of the overpasses, on the offramps and on the side of the freeway and catch unsuspecting speeders on this flat, desolate stretch. It's all they do, there is nothing else along the stretch (no businesses, homes or communities). Don't speed through that area. I had been warned about it years ago, got a ticket myself once and now make sure I don't go above 70 through it. Also, watch out in Yuma, it's actually 65mph till you pass the Foothills...and after the 75 the rest of the way in AZ, it's another common place to get ticketed.

With that said, fast forward to current day when I have worked in traffic court. Basic rule: CHP officers ALWAYS show up. The local PD officers sometimes don't...but CHP have nothing else to do other than traffic matters. You can hope they don't show, it's worth a shot...the only time I have seen a CHP not show was when he RETIRED since issuing the ticket lol. Anyways, I have seen a handful of rulings in favor of the defendants (out of the hundreds in favor of the CHP). So you may as well give it a shot with a trial by declaration (writing everything down, submitting evidence, witness statements, etc.) You have a shot. But it's your word against the officer's since it's merely a preponderance of the evidence, it's easy to see why the CHP wins almost all the time. Hopefully you are much more convincing in your written declaration.

It sounds like the officer may have confused cars...so I wish you luck. Luck seems to be the determining factor regarding the Judge, their mood that day, etc. Some Judges dismiss the ticket if the officer doesn't show, others recalendar it. One even asks if you are ready to proceed (even though the officer isn't there) and if you say "no" because of this, guess what, he reschedules it. If you say "yes" he dismisses it. Cute little word game...how would anyone know? That's the point, people wouldn't. So I really do wish you luck....

[Think4Yourself]

You'll pay thousands on a lawyer and probably still lose (not least of all because you actually are guilty so your only hope is that the cop fails to appear which almost never happens as they get paid to appear). My suggestion is to pay the fine and go to traffic school so it gets taken off your record.

[oregondriver]

Thanks for all the good thoughts and informed ideas.

Since I posted, I sent in a declaration to contest by writing. No way I'm traveling 1300 miles for this. They then sent me the bail notice: $225.00 with another chance to just pay or contest. I'm contesting. I figure what have I got to lose, as some of you have said.

I hate it when honest people get the shaft. Now my butts on the grill and it damn well sucks. I'll post again with all the details, so stay tuned...