Hypr5
01-04-2007, 08:50 PM
Hey guys,
Last month on my birthday, I got a speed contest ticket.
I was pulled over by an unmarked car and they threatened to take me to jail and permanently take my car. After a long time outside, they said they are letting me off easy and sent me on my way with a speed contest ticket.
Today I recieved the courtesy notice that says I must appear in court.
What I did started out at 20mph, and ended at 45mph in a 40mph zone. When I let off the gas, the momentum of the car pushed to 50mph and I immediately slowed back down to about 43mph - which is when I was pulled over. To be honest, I don't even know if the other car actually did anything. There was no real "race"
Has anybody had a similar offense? if so, what was the outcome? The DMV site talks about possible community service, license suspsension, jail time, up to $1,000 fine, etc... I was hoping I could just pay it off and be on my way - but the mandatory court appearance worries me.
Should I get an attourney?
Any advice / stories would be greatly appreciated.
Thanks!
tpb31
01-04-2007, 08:54 PM
it says "speed contest" not speeding because your were racing, not just speeding. They had the right to arrest you and take your license but didn't. Unless you have a lawyer you will hvae to show up for court for something like this. It is a major violation...have fun.
Hypr5
01-04-2007, 08:58 PM
Thanks for the reply.
Yeah, I understand all that. Thats why I asked what the typical outcome was. I dont know if I should go into this alone or if a lawyer would be worth the cost vs. what the penalty could be now.
tpb31
01-04-2007, 09:03 PM
I am not sure...I thought I heard some where that the law regarding street racing changed...it is supposed to be more severe. Find out about that and if it is I would get a lawyer.
Naw T 3
01-04-2007, 09:04 PM
The penalty should not be high if its a first time offense. Getting an attorney will most likely cost more.
Naw T 3
01-04-2007, 09:04 PM
I am not sure...I thought I heard some where that the law regarding street racing changed...it is supposed to be more severe. Find out about that and if it is I would get a lawyer.
I heard in cali it changed as if 1/1/07
Hypr5
01-04-2007, 09:05 PM
I was busted on 12/1/06.
It is a first time offense.. actually... a first time ticket. :embarrasm
I'm researching all this now. I'm more worried about license suspension / etc than the fine.
DiScoTeknix
01-04-2007, 09:45 PM
I was busted on 12/1/06.
It is a first time offense.. actually... a first time ticket. :embarrasm
I'm researching all this now. I'm more worried about license suspension / etc than the fine.
How old are you? This will have a lot to do with how the judge sentences you.
You will first be required to appear in court for your arraignment (remember to go into the station and get booked first!!). The judge will offer you a deal and ask you to plead guilty, not guilty or no-contest. If you plea not guilty you will be given the choice of a court assigned attorney or you may bring your own. On the second appearance, whomever is representing you will make a plea for you. If you plea not guilty again you will go to trial and the arresting officer (one who gave you ticket) will attend.
I believe in your case it is a misdemeanor offense so they can suspend your license. My first misdemeanor driving violation (reckless driving) ended with a total 80 day license suspension and a $400 fine plus 2 points on my record. Good bye insurance. I was also a minor at this time.
On my second misdemeanor offense (exhibition of speed) I was tried as an adult. Judge offered to reduce the fine and not suspend my license then threatened that there is a chance I could be put in prison for some time if I were to be found guilty; which was a chance I was willing to take. I plead not-guilty and requested a public defender who worked a deal out with the DA. They reduced the misdemeanor exhibition of speed (2 points) to one count of unsafe speed infraction and one count of unsafe start infraction which together are considered a single point on your record. Plus a $500 fine. No license suspension. No community service. No jail time. But one hefty insurance premium.
Hypr5
01-04-2007, 09:58 PM
I'm 22.
This is one hell of a ticket for the first one ever!
Thanks for the reply, that gave me some insight as to what I should expect here. It's good to hear that you had good luck with the public defender.
How old are you? Has your insurance premiums recovered from all of this yet?
bb0ytom
01-04-2007, 10:20 PM
if anything. contest the ticket by written declaration in essay form. Its much easier to win against the officer because many cops will not take the time out to write a good essay explaining the situation but they are more likely to show up and contest against you. my friend got out of a 95mph on a 75mph speeding ticket based on written declaration.
Hypr5
01-05-2007, 12:02 AM
Am I eligable for that with a mandatory court appearance? I Don't think I am... Anybody know about that?
BMWALDO
01-05-2007, 12:23 AM
Am I eligable for that with a mandatory court appearance? I Don't think I am... Anybody know about that?
You have to go in the first time. Say not guilty and you'd like to file by Written Declaration. The Judge will OK it and ask you to post bail at the clerks window. They will give you the necessary forms and papers to write in.
You have about a month or so to send in your written declaration, after that you wait for the judges written sentence and if it's in your favor then you take it. If you are unsatisfied then you have the option of setting up an appearance to appear in front of the judge and state your defense and hope that goes well for you AND that the cop doesn't show.
Been there... Failed at that... :(
Better luck to you tho! :thumbup:
Deloriant
01-05-2007, 12:52 AM
Am I eligable for that with a mandatory court appearance? I Don't think I am... Anybody know about that?
Jesus man do you have enough E39's?
Hypr5
01-05-2007, 01:01 AM
Only 2 of them....
And one of the e34s in the list has since been wrecked, just haven't removed it yet.
Deloriant
01-05-2007, 03:32 AM
Only 2 of them....
And one of the e34s in the list has since been wrecked, just haven't removed it yet.
oops. didnt realize e34 went all the way to 1996.