I know I need to slow down....After 26 months of ticket free ownership of my 96FWDM, lightning has struck twice in 20 days. 2 speeding tickets courtesy of the California Highway Patrol. 95 in a 65 and 80 in a 65.....this cant be good. The A4 is just too damn good at speed as you all know!<p>Questions:<p>1. Since I havent had any previous tickets in the last 3 years I believe traffic school is an option for 1 of these tickets(80 in a 65), correct?<p>2. Traffic school would not be an option for the 95mph ticket, too far over the limit. Correct?<p>3. These tickets were issued in 2 seperate counties. Could I attend traffic school on both(that is if I get permission from the judge on the 95mph ticket)? I had a friend who did this several years go,. attended traffic school in two different counties(I think the rules are that you may only attend the traffic school only once every 18 months). His reasoning was the two counties don't cross check who has attended school. Sound reasonable??<p>4. I am considering going to court on both tickets. I did not have proof of insurance at the time and need to prove to the court that I do in fact have insurance. My hope is that the issuing officers would not appear in court and the tickets would be dismissed. Any advice here??<p>Thanks in advance.......I think I have learned my lesson. I dont want my insurance rates to go through the roof so I am trying to minimize the damage.

Each officer gets court dates on some regular basis. For instance, maybe once every month or once every two months. Then when he writes tickets, he gives you one of his court dates. You will not be the only person there because of one of his tickets on that date. All of his tickets from some time period (perhaps a month) will show up on the same day.<p>If you ask the court to reschedule, they will reschedule to the officer's next court appearance. That is how they choose your court date. It is based on the officer's court schedule. The officer would have to be very sick or otherwise extraordinarily detained for him to miss your court date. Possible, but not likely.<p>If you can't slow down, maybe you should buy a Valentine One radar detector.<p>I'm curious, is your car red or bright yellow?<br>

The limit to how many times you can go to traffic school is not written anywhere. I've heard of people going to traffic school within 12 months time. There's nothing written in the law about traffic school limits. It is up to the descretion of the court though. I got this information when I was in traffic school which amounts to heresay. Good luck.

From the 1998 California Vehicle Code: http://www.dmv.ca.gov/98vc/d11/vc22348.htm<br>"Section 22348.b: Any person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows: <p> (1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5."<p>So your 95 MPH ticket is just a plain speeding ticket... WHEW!<br>--------<p>Here's what happens when you get that ticket, at least in Santa Clara County, though I doubt it would be much different anywhere else in California:<p>1- You get the ticket, and the date written on the ticket is the last day to take care of that ticket. By this I mean either: just pay the fine and traffic school by sending your money in the green envelope (NEVER DO THIS!); or, go to the traffic court clerk's office and set up an appointment for an arraignment (ALWAYS DO THIS). You can pick whatever date you want. Handle the 95MPH ticket first...<p>2- On the arraignment date, the officer will NOT be there, this is only where you stand in front of the judge, by yourself, and say either "SCHOOL", "GUILTY", or "NO CONTEST"... You can say "not guilty", but I recommend against that in your case. More on this later...<p>3- If you say only the words, "I WANT SCHOOL", the judge may or may not ask if you have already gone to traffic school, I would say "NO", and the judge will ALMOST ALWAYS REDUCE YOUR FINE BY AT LEAST A HALF, unless he's in a really crappy mood. Off you go...<p>If you say "GULTY", the infraction will go on your DMV record, and you still pay a reduced fine. NO SCHOOL...<p>If you say "NO CONTEST", everything is the same as a "guilty" plea, except that if you're in an accident, the other person's insurance can't use that plea against you if they want to go after you for money...<p>4- If you have the cojones to say "NOT GUILTY", the judge will immediately set a trial date for you. This is the actual time when you present your case against the ticket, and the officer WILL SHOW UP. When I fought my car-pool ticket a couple weeks ago, EVERY officer showed up...<p>If you lose your case, DO NOT PASS GO, DO NOT COLLECT $200. You might get a reduced fine, but you will still lose and pay the fine, and it will go on your record.<br>....<br>So what does this mean? I suggest the following:<p>1- Take care of the 95 MPH ticket first (just because it's worse than the other one), go to the arraignment, say, "SCHOOL", pay the reduced fine, set up your date for traffic school (at a later time than the arraignment for your second ticket), all done.<p>2- At the arraignment for the 80 MPH ticket, say "SCHOOL". The judge will have a printout of your driving record in front of him, and will check to see if you have any previous infractions (in that county, I think. I'm not sure about this). If he says "sorry, you're already signed up for traffic school for another ticket, you can only attend traffic school ONCE in 18 MONTHS. " then you're screwed and the ticket will go on your record so pay your reduced fine and go home.<p>On the other hand, if he asks if you have ATTENDED traffic school within the last 18 months, you can truthfully say "NO" becuase you HAVEN'T (as of that day... yet... because you followed step 1.). You're now golden because he will then let you attend traffic school.<p>3- Attend your traffic school sessions, and enjoy your spotless record.<p>4- use the money you saved on fines and buy youself a Valentine 1.<p>That's how my friend did it... Really! not me! <br>-------------------------------<br>-PhilJ<br>

Don't know about other states, but until recently, CHP has not really used radar on freeways and highways, i don't know why, but it meant that the only way you could be caught for speeding is if they actually come up and pace you in their own vehicle, or use a plane to spot you.<p>Not any more. It's been in the news here in Northern California, and when I was in traffic court I heard some CHP officers who were really excited that they can finally start using them...<p>First on some stretches of I-680 on the East Bay, especially on the Sunol grade between Pleasanton and Fremont, (overheard, "yeah, I can't wait to nail those truckers barreling down that grade"). Dunno where else...<p>Time to buy myself an Valentine One...<p>-Phil<p>

You schedule a date, then ask for a postponement. When you reschedule, they have to give you a date not very far off, and can't worry about the officer's schedule.<p>You're right, he will definitely be there on the first date, but probably not on the second.<br>

The last ticket I received (now 2 years ago - Yippee, I've been gooood) was for speeding (60 mph in a 40 mph zone). I really was only going 40-45, but convertible 5.0 mustangs seem to attract the law better than Winchel's donut stores. Anyway I scheduled a court date to fight this ticket thinking I was dead meat. Since I was working, I scheduled a night court appearance. Not only did my officer not show up, only 5 of the 26 people in court that night had officers show up. Man was that a party outside the courtroom that night. If I have to court in the future, I will schedule a night appointment.<p>Gary

I sure as heck don't want to be confused for one.<p>I wasn't saying it was 100% legal, nor was I telling him what to do.<p>I was just giving my opinion...<p>Just like I would suggest that someone would want to put a corvette engine in their A4 to get 350 HP...<p>But I see what you're saying...<p>-Phil

unless you waive your "right to a speedy trial", in which case they can extend your court date past the 45 day period...<p>-PhilJ<p>Not a lawyer, just repeating what I heard when i was in traffic court...<br>

Where I live & where I practiced when I did that kind of stuff (two diff. states), they would go to the next date the officer is scheduled. And if you have already appeared, and YOU request the continuance, your speedy trial "right" (not really a right in states where traffic infractions are civil, which is many now) is "tolled", i.e., because you asked for the postponement, the expiration of the speedy trial date is pushed back in many states.<p>Worth a try but don't count on it. I'd find a lawyer in each county who specializes in traffic work and see what they can work out: should cost you less than the insurance increases, e.g., perhaps $150 per case.

perhaps Ca. is different (surprise?) but in the three states I have practiced in, the drivers' abstract is statewide, all items of record.

The CHP lobbied the legislature for permission to use radar on the freeways for many years. The legislature repeatedly turned them down until recently. Seems that several legislators who commuted regularly between Sacramento and the Bay Area didn't want the increased risk of being picked up for speeding. I've heard that a Porsche driving Willie Brown was the chief opponent of giving radar to the CHP. (Now that he'd Mayor of San Francisco he's prpobably sold the Porsche and is taking BART <g>)<br>

If you get whacked with these two tickets you insurance will either go sky high...or be cancelled. Track down a lawyer, who will know the best way for you to proceed, based not only on the Vehicle Code and DMV regs, but also the unwritten "local rules" which you would not be aware of. Most counties have some attorneys who specialize in traffic court. They're not too expensive, and a brief interview with one or two might be well worth the expense.

The bad news: CHP gets paid 4 hours overtime just for showing up on a traffic ticket. And they get heat if they don't. So the chances of your officers not showing up in court aren't very promising. <p> But if you show up on the date on the ticket, and request a continuance, you should get it. It's likely that the chippie will show up on the new date as well, but the clerk has to notify him of the continuance, etc. And the more work that has to be done, the greater the chance of a mistake being made. So your odds improve - but they still aren't terrific. Of course, if you could wangle a second continuance...<p>More bad news: As presently structured, traffic school policies in California vary from county to county. Some counties don't allow it at all! Others have varying policies - the last time I went, my county had an 18 month minimum since last prior school to be eligible. I've also heard judges say no traffic school over 80 mph, etc. The point is, the rules vary from court to court., maybe even from judge to judge. If you do get traffic school, you get to pay the entire fine, AND the traffic school's fee, and an admin. fee to the court, all for the privilege of going to school. <p>And although a conviction doesn't go on your record, the fact of the traffic stop probably will. And that may be all your insurance co. cares about - so you're still screwed. But it DOES keep that point off your record. So it MIGHT be an option for your ticket #1. But you won't get school for ticket #2 - probably because of the speed, but definitely because of ticket #1. Unless you fight #1 and beat it.<p>The fact that the two tickets are from separate counties will only help if people get lazy. Court should have a current DMV print, which couldl show the pending case in another county. That could lead to embarrassing questions. Judges just hate it when they think you're trying to scam them.<p>I've heard (but haven't confirmed) that the law was recently changed, allowing your carrier to cancel you and force you into the assigned risk pool, for just two tickets. (Not sure of the time frame, but it sounds like you're in it.) I would think your insurance carrier is going to be very put out by someone who's been as naughty as you've been lately.<p>If I were you, I'd follow the advice given elsewhere, and talk to an attorney in each of the counties involved. Local knowledge can be very important in this kind of issue.<p>Years ago, DMV hauled me in because I had 3 points in one year. They had me write out a postcard to myself they'd send me 6 months later to help me with my problem. My advice to myself - and you...<p>WATCH YOUR MIRRORS!<p>Good luck.<p><p><br>

I live in NC, and here there is a way out for speeding offenders if they have a clean record at the time. Get a lawyer to appear with you at court and plead "equipment failure". It's basically analagous to a "get out of jail free" card. You just have to pay the lawyer and the court a total of about $250. The result is no points, no foul. But, it does go in your record, so you can only use this trump card once. My advice: see an attorney where you live and mention this ploy.

1. If the ticket is > 90mph this was reckless driving (a misdemeanor). NO TRAFFIC SCHOOL ALLOWED (this may have changed) 2 points on the liscence. This was 5 years ago and the freeways were at 55mph so this might be up to 100 now.<p>2. If you make a court date, make it on a day when you can attend. OOOOPPPPSSS! This was when I was in school. I scheduled for something like 1 1/2 months ahead. Right when I had a final. I talked to the judge "If the officer doesn't show up, we'll reschedule. If he does show up you're guilty"<p>3. If the officer says he's going to show up he's going to show up. Bam. Uncontested by me (struggling with final). $500 fine. I had a battery of officers come by after I was pulled over.<p>4. At 120mph (It was 2am and there was virtually noone on the freeway) you can outrun the cops. Maybe they considered that the pacing. I flew by on the freeway as a cop was coming on the on-ramp. They didn't have my plate # and didn't "pace" me, but did call ahead for a speed trap. After I was pulled over 5 more police cars showed up! Each and everyone made me take a sobriety test (Police harassment?) They wouldn't let me get back into my car "No son, you're gonna sit on that bumper" (middle of December and very cold out), I was in a teeshirt and got pretty sick (more harassment?)<p>5. Radars have good range. They got me at the exit I was slowing down for. I was less than 70mph when I actually passed the cop.<p>6. Reckless driving doesn't come off the record in 3 years like normal points/DMV is incompetant. Was looking for insurance for the A4. <p>Insurance agent-"hey, you've got something on your record from 5 years ago!"<br>DMV-"We can't see anything on your record" <br>Company that insurance agent uses to scan DMV records-"You have a reckless Driving conviction. These stay on your record for 7 years" <br>DMV-"We still can't see anything on your record. Why don't you come down to the office which is only open M-F 9-4 and we'll straighten things out"<p>I still haven't gone in, but I can't believe that other people can see more than the DMV. Isn't their database?!?!?

When will traffic law be assosiated with saftey? We need to form a traffic law Special Interest Group. These laws have got to change. I am ready to leave this crappy country.<p>Jessy the Brain Ventura 2000

At least in Europe, the only thing that counts are your claims. You have many, bad news. You have none, great. Driving fast and getting caught does not necessarily make you a bad driver, nor a higher risk to the insurance company. The cops may take your license away, but the insurance doesn't mind.<p>I wonder what ever will / did happen to my 114mph ticket - I mean, how much over the POSTED speed limit was it, if there was no speed limit?<p>Confused,<br>- Stan<br>

I would send my insurance man/woman a really nice basket this year...and slow your a** down

Pay more then you owe... If ticket is $200 pay $205. They will see the dicrepency cash the check and send you a check for the five dollars. DO NOT CASH THIS CHECK! The DMV does not report the offence to the insurance until the case is closed! Eat the five and slow down...

..in the UK.<p>Each ticket gets you a minimum of 3 points. 10 points in a rolling 3 years and it's goodbye license for 6 months.<p>Once you're over 6 points, most insurance companies will hike their rates.<p>Exceed the speed limit by more than 30mph, and it's usually goodbye license immediately for a couple of weeks.<p><p>Grant<br>97 1.8SE Avant<br>3 points so far....

<br>:)

Acutally it's the judges discretion on traffic school or not. If the judge says "SCHOOL" that's what counts, even if it has been less than 18 months.<p>Learned that in traffic school....<p>-randy<br>

our friend was doing 95 at night. Now, unless you have driving lights from Mars, at that speed you are overdriving your headlights' ability to light your way by a longshot (on many cars you're overdriving your headlights' ability at 80 or even 70).<p>So in this case, 2 night tickets for 80 and 95, I do see a safety issue. I'm no traffic police, I'm a former traffic court defense attorney and judge, and I've done over 1,000 miles of high performance driver training with the Porsche Club: I love to go fast, but in the right conditions. I'm not sure these were the right conditions.<p>But I agree with your basic point: our system is primarily designed to bring in revenue to insurance companies and municipal/county governments, while ignoring many totally incompetent or dangerous drivers.

Someone had posted on this topic a few weeks ago, and I'm pretty sure the whole thing ended up being chalked up to another urban myth. A search in the archives should come up with the whole discussion. <p><br>Miles

Like phred said and cautioned, never ever take what's posted on the Internet as actual legal counsel, and I would request that if things don't work out, that you don't show the judge a printout of my post and say, "but Your Honor, _this_ is what PhilJ said in his post on the Internet..." because he might bust a gut laughing... Well, you get the idea...<p>I was just explaining what _I_ learned when I went to traffic court, and what my friend did to get out of his ticket. I'm not saying that it will necessarily work, either...<p>If I were you, I might look around and ask a _real_ lawyer what you should do...<p>The only thing that I _do_ recommend is that you definitely go to the arraignment and at least say "school" and don't just blindly pay the ticket via the mail. You'll most likely save some money that way, unless you don't get paid for the time you will be taking off from work... At least you'll have a chance that the judge will reduce your fine...<p>-Phil

In Houston, HPD, except for the traffic units (<10%), don't have radar and generally don't seem to be very concerned with speed. Speed enforcement on the freeways is only in a few spots (the Metro police have all but given up on catching speeders on the freeway--admission by an officer on TV). The constables, sherrifs and suburban/small city police will do speed patrol in the residential neighborhoods, but otherwise they just drive around with the radar on (easy to detect). It's just not a priority; I think that most cops are actually trying to do something about crime instead of generating revenue by writing tickets, although the red-light-running thing is getting out of hand and enforcement really needs to be stepped up here (I think I've heard that some effort is being made).

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