Got another speeding ticket!!!! Need help!!!

[johnnyboy5]

Hey you guys, well i got a ticket for speed contest and speeding 1 year ago. I got lucky and they let me off with a nice big fine and probation for 3 years. Well today i was speeding and the cop got me. I asked for a warning, but he didnt want to give it to me cuz he had already wrote the ticket. So from what i understand if i am under probation and i get a ticket i go to jail right? Thats what i was worried about. But the cop didnt even look at my record. He just gave me a ticket for going 92 mph. What is going to happen to me next???? Do i have a chance to get away with this???? I know you guys are not lawyers but i just wanted to know if any one of you guys or people you know have passed through this situation. What i have in mind is to try to get my probation off before i get my ticket in the mail. Anyways i just want to know what im going to be up against.

[clawhammer]

Depends a lot on circumstances and surroundings.

92 mph is not that bad on an interstate where everyone is doing it.

What was the speed limit?

[johnnyboy5]

im in california and the max speed is 65

[clawhammer]

So was this on an interstate?

[Chad82]

I recently fought (and won) a ticket, though it was for 8 over in the interstate. I used the information freedom act. I subpoenaed the records for last time a survey was done for average speed on that section (I think it was required to survey every 3 years), calibration of the speed detection device (I think its every 6 months for a radar gun, may be different on a laser gun), the officers ticket log (I don't believe it was required for this to be disclosed, though) and a couple of other things. I will check out if I have my letter saved at work (can't find it on this computer). I also requested the officer show up in court (though this is risky, as the officers word is basically taken as the gospel truth, but if you don't request them to be in court they will just write up an affidavit, but if you request and they don't show in most areas it will be thrown out at that point.

[Elk]

Originally Posted by johnnyboy5

So from what i understand if i am under probation and i get a ticket i go to jail right?

No they won’t send you to jail for speeding, but you will get your license suspended.

[Chad82]

^ Why does my name show up in that quoted?

Anyways, at 27 over the speed limit, that may be a misdemeanor... I would check into that if I were you.

[Igovert500]

Most times I don't think a lawyer is worth it. This time however, you are definantly looking at losing your license at the bare minimum. Few judges will give you any leniency if you were caught doing 90+ and already on probation.

I'm also gonna move this to traffic violations section.

[Elk]

Originally Posted by Chad82

^ Why does my name show up in that quoted?

I guess I must have messed up and grabbed the wrong name it’s fixed now.

[copcarcrzy]

Originally Posted by Elk

No they won’t send you to jail for speeding, but you will get your license suspended.

NOT TRUE !!!!! I saw a guy in court get 3 days for four violations in 12 months, also heard about a guy that got 10 days for 6 in 12 months.

depends on if the cop wrote it an MM or M3, M4

[fredjacksonsan]

I'm not sure about CA law, but it seems it will go by what the terms of the probation were. You should have some court documents about that, so I'd give them a good read.

Going almost 30 over while on probation doesn't sound good for your license, or for whatever the penalty is for violating your probation. I definitely agree with Igovert, an attorney sounds like a good idea in this case.

As far as the cop just issuing the ticket, it's not his job to pass judgement, but to issue tickets when there's a violation. Everything will be decided in court.

[Elk]

Originally Posted by copcarcrzy

NOT TRUE !!!!! I saw a guy in court get 3 days for four violations in 12 months, also heard about a guy that got 10 days for 6 in 12 months.

Are you sure the guy didn’t make a deal to take a short jail sentence over a long license suspension?

[johnnyboy5]

Im still here, i just dont log on as often. Anyways, the cop just gave me an infraction. I asked for a warning but the cop had writtened the ticket already. So, while in court for my drag racing incident, they told me 3 years probation with no major violations and a fine. I only have one point on my license. I didnt get any documents though. Also my attorney told me after i got judged that in a few months i could go back to court to try to get my probation off saying that its preventing me from advancing in my current job, which IS true in a way, cuz my boss doesnt let me drive yet. I dont know if its true or not, but its worth a shot. Do you think they'll give me the option of community service???

[johnnyboy5]

Oh and i think that its +30 mph over the limit thats a misdemeanor, i think wreckless driving.

[Igovert500]

Probation means the initial punishment was lessened as long as you didn't screw up again. You screwed up again. And 30+ over isn't a minor infraction. Many states will now a) raise the initial infraction's punishment (so you only got 1 point then, but they may bump it up) and b) nail you 2x as hard for this 2nd infraction. As well, in many states you can lose your license for just watching street racing, let alone being involved.

So you are now looking at 2 potential license-threatening infractions. I seriously doubt any judge is going to be very leniet. No I don't see community service being an option they are going to offer. Ever see 'COPS', when they get somebody for a misdemeanor who is already on probation...they don't write them a ticket, they take them to jail. It's the same basic principle, you got a 2nd chance, you blew it, so now you get 2x the punishment. Get a lawyer if you like your license.