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need legal advice for traffic ticket

Originally Posted by jhtran13 never got a traffic ticket before in my life before I bought a Z lol Need some advice from fellow 370z members here: My situation: I

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Old 08-18-2015, 08:04 PM   #1 (permalink)
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Originally Posted by jhtran13 View Post
never got a traffic ticket before in my life before I bought a Z lol

Need some advice from fellow 370z members here:

My situation: I got a rolling stop sign ticket in Texas 1.5 months ago, paid the fine and did defensive driving. Today, I got a speeding ticket 16 mph over the speed limit, but i thought it was less than that.

Whats the best scenario to go about this; i really don't want my insurance rates to rise cause it would be rather painful.
You're talking to the (somewhat proud...but not so much) guy who lost count of how many speeding tickets received AND with a clean record.

DMV only allows you to do traffic school every 18 months, or at least thats the rule in ever-so-liberal CA. So therefor another traffic school is not an option.

You have 2 options in fighting a ticket.

#1 You fight the ticket in person. 1st you will have an arraignment which tells the court they will need to subpoena the office. Then you will have your "day in court". 2 scenarios here:

A. The cop doesn't show up and you win automatically, or as the court says, your bail has been exonerated (refunded), one of the best phrases you'll ever hear lol

B. The cop shows up and you have to defend your reasoning as to why you feel you are not guilty. Usually the strategy in fighting a ticket is poking holes in the plaintiffs accusations. AKA creating reasonable doubt.

If you loose in fighting a ticket you can submit what is called a Trial de Novo (this is in CA at least). This is basically an appeal in which case a new judge will review the case and you and the officer will be called to appear in court once more.

Sometimes if the timing is right you can push back everything every step of the way to the point where by the time the case is officially closed, it has been another 18 months which makes you eligible for traffic school once more.

Option #2

Trial by Written Declaration.

This allows you to mail in your defense. You will then hear your verdict in the mail. If you loose you can also do a Trial de Novo.
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Last edited by Bshields22; 08-18-2015 at 08:06 PM. Reason: forgot second point
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