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      11-15-2014, 10:02 PM   #1
calbear13
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Anyone recommend an attorney for a speeding ticket?

I was in LA picking up my new car and just as I was starting to drive it back up to SF I got pulled over, clocked at 99mph. I just got a notice in the mail requiring mandatory court appearance. I don't want to fly down to LA to go to court so probably best to get an attorney unless there is another way out. Any suggestions?
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      11-17-2014, 12:55 PM   #2
grantmax
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Were you cited for 99mph?

If so, that's reckless driving and *should* come with a mandatory suspension of your license.

Make sure you get a recommendation for an actual attorney vs. one of the online "clinics". You need some actual lawyering for this one.
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      11-17-2014, 01:51 PM   #3
calbear13
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I thought mandatory suspension is 100+
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      11-17-2014, 03:59 PM   #4
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Quote:
Originally Posted by calbear13 View Post
I thought mandatory suspension is 100+
I had thought the same, hence the saying, "have fun just keep it under 100", but his advice was great, get a real lawyer on this one because taking a chance with your license is not a smart choice.
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      11-17-2014, 07:07 PM   #5
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Yeah that's what I'm doing. Thanks.
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      11-18-2014, 03:27 PM   #6
grantmax
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Quote:
Originally Posted by calbear13 View Post
I thought mandatory suspension is 100+
The statute doesn't specifically state what defines reckless driving, only that "rate of speed" is a factor. The "keep it under 100mph" saying isn't backed by law.

FYI - In most states, reckless driving attaches at 24 or 26mph over the speed limit depending on jurisdiction.
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      11-18-2014, 05:29 PM   #7
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www.4mrticket.com Got me off 88mph in a 65 on the 14 fwy on the way to Willow Springs. Hes a real lawyer, no trial by declaration crap!
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      11-18-2014, 06:37 PM   #8
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Officer wrote me up for an infraction, not misdemeanor, so it's not reckless driving. Lawyers say I can get traffic school still.
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      11-18-2014, 10:42 PM   #9
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yes you can get traffic school in most cases with the help of a traffic attorney. But your best bet is to pay from 350-800 to a lawyer to help you fight it either by getting it dismissed or reduced penalties and traffic school
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      11-19-2014, 02:26 PM   #10
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Quote:
Originally Posted by calbear13 View Post
Officer wrote me up for an infraction, not misdemeanor, so it's not reckless driving. Lawyers say I can get traffic school still.
That's good news. Enjoy traffic school.
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      11-19-2014, 02:46 PM   #11
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good to hear it's only a slap on the wrist, don't do that again.
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      11-19-2014, 09:41 PM   #12
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This does not constitute legal advice, but if I were you... I'd request a "county seat" venue change to your locale. I don't think you're eligible for traffic school since it's over 15 mph over the posted speed limit. I'd ask nicely, the judge may make an exception and you can take it online in 20 mins.

Firstly, I would file a TR205 - Trial by written declaration and post bail. I would utilize case law unless you can prove you had a pressing reason why you were exceeding the speed limit. If you don't win the 1st round, then I would look into traffic attorneys.

What is the actual CVC violation - this really determines how easy it is to defend yourself.
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      11-19-2014, 10:41 PM   #13
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Would the county seat venue change let me change the court to something in NorCal?
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      11-19-2014, 11:34 PM   #14
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Anyone ever used The Ticket Clinic?
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      11-20-2014, 01:20 PM   #15
grantmax
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Quote:
Originally Posted by calbear13 View Post
Would the county seat venue change let me change the court to something in NorCal?
The "county seat" trick is useful but I've had success doing TBD. If that doesn't work, you can request a trial de novo and hope the cop doesn't show.

At least it will pend the ticket for 6-9 months. Are you eligible for traffic school?
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      11-20-2014, 02:10 PM   #16
calbear13
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Thanks, I might be. Got an attorney who will be figuring it out but I passed on your suggestion.
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