Careless driving ticket, I want to fight it and think I have a case.

[hubbazoot]

I got a careless driving ticket up in westminster, and was wondering if you could help me with what questions I could ask to fight it. I'm only asking for your help if you'd be willing to help me. I did have an eyewitness in the car.

What happened:

I was in a parking lot up at church ranch near the AMC 24 (Church ranch and reed st.). I came into the roundabout at 30mph, posted speed was 25mph. I came out of the roundabout and headed down to Church Ranch Blvd. I turned right onto church ranch (there was a pedestrian crossing church ranch and he was crossing the long crosswalk along church ranch, and was nowhere near the islanded turn.) and accelerated to 45mph, posted speed of 40. At this time the officer pulled me over.

What he saw happened:

The officer said that I had entered the roundabout at 40mph, which is what caused the squealing tires. He also said that I had nearly hit the pedestrian crossing church ranch, and that he had to accelerate to 52 mph in order to catch up to me.
Forward Message

 

[Afroclipse]

an awd screeching tires plus lack of surveilance is enough to get you off.

 

[hubbazoot]

an awd screeching tires plus lack of surveilance is enough to get you off.

Meaning simply because the vehicle is an awd, it would screech tires. As for the lack of surveillance, are you referring to no recorded speeds with a laser, etc?

 

[johnnycash]

What he means is that if you have a AWD it is nearly impossible for your tires to screech, meaning the statement the officer said was false. Also if there was no evidence of speeding besides from word of mouth from the officer you can fight it. IMO, you should go to court and see what they offer you for a plea bargain... if your not comfortable, explain it to the state official that there is not enough evidence beside word of mouth and plead not guilty. Hopefully for you the officer won't go to court and the charges will be dropped, but remember officers get penalised for not showing up to certain ones.

Paul

 

[hubbazoot]

I just had a chance to look at the ticket, he marked the infraction as being at the wrong intersection...a block in the wrong way. I'm building a case around the inaccuracy of the information on the ticket, as far as the location.

 

[eclipsh]

If he wrote down the wrong information than you should be free and clear. I seem to remember than any mistakes nullify the ticket. After all, if he's wrong about the street address, what else is he wrong about?

 

[Defiant]

The judge will listen carefully, consider your points thoughtfully, find you guilty and reduce the fine. The court costs will increase your final bill to slightly above what the original bail had been.

BOHICA.

 

[my1997gsx]

Just an FYI a DA can dismiss any mistakes on a ticket such as the wrong streets, time of occurrence, or even if they spell your name wrong. It doesn't matter the only chance I would say you would have is the lack of him getting you on radar.

As for the tires squealing do you really think a judge is going to care whether your car is AWD or not most people don't even know these cars came AWD. Not to mention you can get any tire to squeal on any car for a number of reasons..

Did the cop talk to the pedestrian. Because if you almost hit him he would have to be a witness I would think and that might help you out.

Just my $.02

 

[whe3ls]

ive had friend fight tickets like this. and win. its not that hard. get a video camera and a buddy. and have some fun

 

[MJBean420]

what about his dash cam? wouldnt he have caught some of this wrecklessness on video? expecially if he was chasing you at the end. He probably didnt even use a radar gun because he was taught in police school to lock it once receiving reading. Hes just guessing based on his speedometer in his car. With that in mind, what was he doing driving at a high rate of speed in a pedestrian area? Did he get the pedestrians name? Or is it just hearsay? You appearantly cant have this pedestrian testify in your behalf if it doesnt exist. Its your word against his.

 

[SrKegler]

If you tell it to a judge the same way you've written it here, you will be found guilty. 30 in a 25 MPH, 45 in a 40 MPH. Judge can't dismiss a case when you have admitted guilt.

It now becomes a judgement call. Judge will rule with the cop.