The correct way to beat a CA speeding ticket

Discussion in 'Experienced Truckers' Advice' started by SuperTruckerinaVolvo, Jun 17, 2016.

  1. SuperTruckerinaVolvo

    SuperTruckerinaVolvo Light Load Member

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    Oct 13, 2015
    Las Vegas, NV
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    Beating a CA speeding ticket as a CDL holder is the crème de crème, Mount Everest, and holy grail of all traffic tickets to beat. Here’s how I did it. First of all, I contest every ticket. If everybody merely contested their ticket the entire system would collapse. Most people choose to be paying customers. I wouldn’t mind being a paying customer as long as they wouldn’t put the ticket on your record. But when the state threatens your very livelihood with points it means war. Game on California. Yes, I was speeding on a clear dry day in the great wide open known as I-40 west of Needles. Not a car in sight, well until I miss that CHP hiding in the median. Upon seeing that CHP car, I instantly hit the brakes as I always do, but this time I was too late. He caught me, pulled me over and wrote a ticket. He was a friendly professional officer and it was over quick. I wanted the officer to forget me and forget that this ever happened so I can blindside him a tad better than he did when the time comes to court.

    I am able to push the court date five months down the road. When the time comes I showed up in a suit and oddly was mistaken for a lawyer. Besides that, I heard 17 guilty pleas and the three that made an attempt to defend themselves were all truck drivers. The truck drivers show up in what they would wear at the T/A and worst of all they admitted they were speeding in their own deposition. “Yes your honor I was speeding but…….” You just admitted to guilt, that “but” has no meaning after you admit to the crime.

    For my defense, I knew creativity was needed. CHP is the best at what they do. No other state comes close to offering a highway patrol as good as California. I have enormous respect for anyone who is the best at what they do and CHP is no exception. The officer captured all of the elements needed for a guilty verdict. He mentioned location, identity of me and vehicle, crime, and method of detection. Out of left field, I threw into evidence the spec sheet for my Volvo 670. The spec sheet mentions the governed speed was 65, and it also mentions the engine brake activates after 5 mph above the set cruise control limit. I told the judge I had set the cruise control at 55 and the vehicle was incapable of traveling at speeds mentioned by the officer. The judge asked the officer if he knew anything about engine brakes. You could hear a pin drop in the court room as the reality as CHP knew it was altered. The officer had a blank stare and told the judge he knew nothing about engine brakes. Take that for a blindside. That was my reasonable doubt that I had in play and the judge agreed resulting in a not guilty verdict.

    It is your professional obligation to operate your truck as safely as possible. It is also your professional obligation to know the law as it relates to your profession so you can defend yourself when accused of wrongdoing. If reasonable doubt exists, then under the law you are not guilty. The consequences for simple mistakes is enormous in this industry and when mistakes happen you should take a stand and fight for your livelihood. No one else will do it for you.
     
    Last edited: Jun 17, 2016
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  3. freediverdude

    freediverdude Light Load Member

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    Jan 29, 2016
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    I just went through orientation at Werner, and I thought it was nice that they have you sign up for their legal services right then and there, $2.98 a paycheck, and they automatically contest every ticket is what I am told.
     
  4. SuperTruckerinaVolvo

    SuperTruckerinaVolvo Light Load Member

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    Oct 13, 2015
    Las Vegas, NV
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    At that price, most traffic lawyers have such a high volume of cases so they will take the easy way out of amending to a lesser charge if you pay for the ticket. Nothing you can't do yourself for free. Cheap lawyers do not have the time to put individual effort into your case. Traffic court is informal, so you don't need a law degree to have a successful defense. Now any offense where you could possibly get jail time, by all means hire a lawyer.
     
  5. TankerP

    TankerP Road Train Member

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    Oct 1, 2010
    Holding the steering wheel
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    I just picked up the phone and called a lawyer. I gave them my credit card number and a few months later I get a letter from the county that said, "In the interest of justice your charges have been dismissed."
    I didn't have to wear a suit.
     
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  6. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    May 28, 2009
    Rancho Mirage, Ca.
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    So you were between Needles and the river . right ? Was court in Needles ?
     
  7. SuperTruckerinaVolvo

    SuperTruckerinaVolvo Light Load Member

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    Oct 13, 2015
    Las Vegas, NV
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    I was west of Needles. Court was in Barstow.
     
    Last edited: Jun 17, 2016
    Reason for edit: geography error
  8. Germangirl

    Germangirl Light Load Member

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    Apr 8, 2010
    All over
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    CA is our bread and butter and We Don't Speed Ever. All of you who speed on a daily basis, don't tell me you gotta make OTD and that's why you're speeding. You're guilty for making these ridiculous appointments work; don't you see these companies cut off even more time? These reps don't give a #### about you, all they want is to make THEM look better. Why play into their slavery?? Sorry for my English!

    Speeding is back stabbing everybody else! Please don't be offended and think about it! Appointments that can only be made by speeding are WRONG!!!

    Rather than speeding and telling each other how to get out of the ticket, WE should REALLY stick together against these bogus DEL times.

    IF every driver told his FM that he will do his best but won't speed (AND stick with it!!!) Then, companies will HAVE to deal with the consequences and make reasonable appointments.

    Don't tell me it's not possible because it is. My partner and I do it all the time, and we drive exclusively extremely tight team freight. We refuse to risk our licenses for their baloney appointments. No crappy load is worth looking over my shoulder constantly to see the cop, and to give our hard earned $$ to lawyers, fighting tickets.
     
  9. CallMeArty

    CallMeArty HaMMeRED DoWN

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    TEXAS
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    What a rant.... Myself I speed in california because I'd rather not drive 55. Additionally, I don't like being part of a congested cluster ### of booger eating truck drivers. I run 62-65 here. And on occasion alot faster than that.. More worried about banning chasing me down after I blow right by more than I am getting caught speeding..
     
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  10. Socal Xpress

    Socal Xpress Road Train Member

    1,768
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    Dec 6, 2014
    Los Angeles, Ca
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    Off topic but do they even chase down trucks that don't stop at scales? I have never witness it and have never been chased down. Not that make it a habit of blowing passed open scales in California.
     
  11. CallMeArty

    CallMeArty HaMMeRED DoWN

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    Apr 6, 2010
    TEXAS
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    I know a cow truck that got chased down at banning EB. Other than that deal never. That I know of anyway.
     
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