Need advice on speeding ticket in California.

Discussion in 'Experienced Truckers' Advice' started by BillyBobFrank, Nov 7, 2022.

  1. BillyBobFrank

    BillyBobFrank Light Load Member

    208
    388
    Nov 7, 2022
    0
    I was going down the grapevine in Southern Cal and I was caught going 62 in a 35. I saw the sign that said, 'Trucks right lane', but somehow missed the speed limit sign. I saw the second speed limit sign and was slowing down, but the officer clocked me before I even reached the second speed limit sign. I retained a lawyer and they told me there's a good chance they can get it dismissed, but it's all or nothing in Kern county. They don't allowed for a reduction in speed or points.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. BillyBobFrank

    BillyBobFrank Light Load Member

    208
    388
    Nov 7, 2022
    0
    The lawyer I talked to said they don't reduce tickets in Kern county, CA. It's just as bad WY and NM, but with a lower speed limit.
     
  4. BillyBobFrank

    BillyBobFrank Light Load Member

    208
    388
    Nov 7, 2022
    0
    I've retained the services of an attorney and unfortunately the country does not allow reductions to the infractions. The attorney says they will try to get the ticket dismissed, otherwise I'll get the full pts and fine
     
  5. BillyBobFrank

    BillyBobFrank Light Load Member

    208
    388
    Nov 7, 2022
    0
    The county unfortunately doesn't allow for reductions. I hired a lawyer to help with the situation.
     
  6. BillyBobFrank

    BillyBobFrank Light Load Member

    208
    388
    Nov 7, 2022
    0
    They wouldn't be able to find out before it's finalized anyways, right?
     
  7. snowwy

    snowwy Road Train Member

    20,537
    13,274
    Jul 6, 2009
    0
    Ask another lawyer.

    My ticket was the same situation as yours on that same hill. I couldn't move over as the line of trucks was blocking me and I didn't dare slow down as there were a few cars riding my bumper.

    I was empty going over that hill.

    Course. This was roughly 10 years ago.
     
  8. striker

    striker Road Train Member

    6,023
    6,436
    Aug 8, 2009
    Denver, Co
    0
    Never gotten a speeding ticket in Wyoming, despite some blatant speeding back when it was still 65 on US 85, trooper clocked me at 74, flipped a U-turn and let me off with a warning, few miles later, his buddy clocked me at 64 in a 55 outside Lyman, Wyo. and let me off with a light flash, now Nebraska, I've gotten nailed several times for 5 over.
     
  9. DRTDEVL

    DRTDEVL Road Train Member

    1,706
    3,424
    Jan 27, 2013
    Austin, MN
    0
    You somehow missed a few hundred speed limit signs, as the speed limit for trucks was only 55 mph for the hundreds of miles you had to have traveled prior to reaching the Grapevine... or the posted change for trucks to 45 coming out of Lebec for three miles before the posted 35 on both the left and right sides of the highway as you approach Ft Tejon.

    That's likely your problem, you have absolutely zero defense as you were already traveling at a speed greater than allowed anywhere in the state before you "somehow missed the speed limit sign..." You didn't miss the sign, you only slowed when you saw the cop and knew you were busted for going nearly double the limit. Had you been going 45 and slowing to 35, maybe the defense of missing the first sign would hold water, but the fact was you had "missed" an awful lot before you reached that point.

    There's no getting out of this one. How late were you for your appointment?
     
  10. MysticHZ

    MysticHZ Road Train Member

    5,881
    5,686
    May 28, 2010
    0
    If there's is an inspection they will find out as soon as they are notified that they failed to verify and sign off on the inspection.

    That and it will go on thier carrier score as a speeding violation and stay as such until you win in court and they can file an appeal.

    Last nothing good will ever come from nit notifying your company. I had a 10 over in a construction zone. That's an immediate termination of contract with my carrier. I notified them before the ink was dry. They held off until I could go to court and it was downgraded to failure to follow a traffic signal.

    Communication and honesty can help you. Hiding and failure to communicate will bite you every time. Once a year they will pull your MVR and have you sign off on your violatons ... you'll get terminated if mange to skate by until then.
     
  11. rch10007

    rch10007 Medium Load Member

    560
    860
    May 26, 2007
    Madison, AL
    0
    I just had a "trial" for a ticket I received months ago for a state trooper complaint that I was not wearing a seatbelt. They can pull you over in AL if they "see" you not wearing a seatbelt. I don't know what equipment police are issued to determine if you are wearing a seatbelt in your car while driving down the street or not...maybe they have x-ray vision or something - it's stupid. If anyone says his eyes...then when were they last calibrated? I digress.

    The first court date was only to set the "trial" date. (This is the first step in the legal system to address a complaint made from a cop or trooper that YOU weren't following the rules) You could have paid the ticket, but you would also admit to being guilty. Guilt is a legal term and one that the trooper must prove since he made the complaint against me...that's what a ticket is, a complaint against a citizen for breaking the rules. Effin Karens. If you pay it, you deny yourself the right for a trial. ALWAYS go to trial!

    The second date, the "trial" day consisted of the following:
    1. Citizens file into the courtroom. (Some could have paid the ticket or went to driving school before this date - this is the second option you are provided by the government to admit guilt and be penalized - you are innocent until proven guilty)
    2. Judge enters and explains that he is going to call up those that need more time to pay their ticket (This is the third option given to citizens to get them out of the courtroom without having to stand before the judge). People are so afraid of "legal authorities" that they just want to get out of the courtroom and are willing to just pay to be done with the emotional discomfort prevalent in the courtroom. By offering them "more time" to pay, it gives them an out for the day without having to deal with the discomfort of saying nothing but demanding they are found guilty rather than admitting it.
    3. 75% of people jump up and get in line to extend the deadline to pay their ticket. (I assume most will end up paying the ticket and by doing so, admitting guilt.
    4. A handful of people had issues that needed to be addressed before their case could be concluded...which means they will be paying at a later date.
    5. 3 people were represented by lawyers that had their cases decided at the prosecutor's table. I also visited his table and was offered to pay $46 to be done with it. LOL He really said that to me. I felt like the entire operation was a bunch of used car salesmen just milking the public's fear to squeeze them for money.
    6. 1 person had the date changed because the lawyer didn't show.
    7. Only me and 1 other person were left. Now, there were at least 50 people there to start with. I was the only one left standing at 2:30 and since the trooper wasn't there...the prosecutor asked the judge if they should call the trooper "again" as he's probably busy, the judge said no, trial started at 1:30 and an hour of wait time was enough. He looked at me and said, "I am dismissing this, have a good day."

    The person right before me would have had his case dismissed too except that at the very last second, he decided to pay it just to not cause the court any trouble. Holy crap! I almost choked when I watched him pay the ticket instead of just standing there. You have the right to remain silent!! Stop telling on yourself, people!!

    If you can't be in court, I understand. But know this, that court was just milking its citizens so it can collect its government paycheck...paid for by those tickets. It was a high level sales job. These guys threw every sales tactic at me trying to get me to just pay. You know why? Because nobody forces them to actually have a trial. If all 50 people in there would have stood their ground, there's no way the court could have provided a legit trial. At the bare minimum, each person would have had to stand in front of the judge, one at a time, and say not guilty and force the court to dismiss their case - the court doesn't want a trial...they don't have the resources for it. It's just glorified coercion.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.