California, 30 over speed limit is reckless driving?

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bolido2000

Diamond Member
Dec 3, 2001
3,720
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Originally posted by: Imported
I believe it's up to the officer to consider what is reckless driving..

I have a question tho (applies to CA, probably other states).

I got a 93 in a 70 last month, and my court date is on the 29th. As of today, I've yet to recieve any type of notice nor am I able to call into the court and pay my fine over the phone (the courthouse is 200-300 miles away) since they don't have my ticket on record yet.. What happens if the court date goes by and I've yet to recieve anything?

For all you guys fighting tickets in CA, I recommend checking out ticketassassin.
I mailed the evidence of my innocence nearly 3 months ago already and I haven't received any noticed from the court. Suppously we (officer and me) were given 3 weeks or something to submit our evidence. Is it normal for the court to take so long?
 

Ylen13

Banned
Sep 18, 2001
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Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?
 

ReiAyanami

Diamond Member
Sep 24, 2002
4,466
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oh how slow the government goes....

u'll probably receive a certified letter decades later saying you X amount plus interest and penalties because gray davis had to fire all the processors until only an unpaid intern is left to do all the work with a $40 billion state deficit
 

Imported

Lifer
Sep 2, 2000
14,679
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Originally posted by: ReiAyanami
oh how slow the government goes....

u'll probably receive a certified letter decades later saying you X amount plus interest and penalties because gray davis had to fire all the processors until only an unpaid intern is left to do all the work with a $40 billion state deficit

Funny thing you should say that.. While on the phone, they mention "that due to budget cuts and lack of staff, you're ticket number may not have been processed yet" :D

I'll just mail a Written Not Guilty Plea and request for a Trial by Written Declaration as ticketassassin says I should do.. :)


Err.. another question. Would the bail amount I need to send be on the notice they are suppose send me? I need to find out what my bail amount is.. oi.. -_O
 

mugs

Lifer
Apr 29, 2003
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Originally posted by: Ylen13
Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?

How do you expect your lawyer to defend you without your being there? He can't give your testimony for you, nor can the prosecutor question him about what you did.
 

Ylen13

Banned
Sep 18, 2001
2,457
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Originally posted by: mugsywwiii
Originally posted by: Ylen13
Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?

How do you expect your lawyer to defend you without your being there? He can't give your testimony for you, nor can the prosecutor question him about what you did.

but if its not a felony i thought you were not required to be in court, after all you can take your 5th when he questions you
 

Ylen13

Banned
Sep 18, 2001
2,457
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Originally posted by: WinkOsmosis
Suckers.. I went 46 over didn't get reckless driving.

big deal i done 65 over and didn't even get pullled over, didnt' see any cops
 

Sid59

Lifer
Sep 2, 2002
11,879
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92 is pretty fast ...

for other information .. " my girlfriend's idiot brother" .. the adjective goes before the noun. otherwise you're saying that your girlfriend is an idiot.
 

techhippi

Member
Nov 24, 2002
45
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well, i once did 50 in a 25 zone. got pulled over. but the cop let me go with just a warning. it was the university police though. i still dont know why but my guess is he was having a good day....
 

Mill

Lifer
Oct 10, 1999
28,558
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Originally posted by: Ylen13
Originally posted by: mugsywwiii
Originally posted by: Ylen13
Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?

How do you expect your lawyer to defend you without your being there? He can't give your testimony for you, nor can the prosecutor question him about what you did.

but if its not a felony i thought you were not required to be in court, after all you can take your 5th when he questions you

If you take the 5th then why even contest it? Instant guilty vedict for you.
rolleye.gif
 

Ylen13

Banned
Sep 18, 2001
2,457
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Originally posted by: Millennium
Originally posted by: Ylen13
Originally posted by: mugsywwiii
Originally posted by: Ylen13
Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?

How do you expect your lawyer to defend you without your being there? He can't give your testimony for you, nor can the prosecutor question him about what you did.

but if its not a felony i thought you were not required to be in court, after all you can take your 5th when he questions you

If you take the 5th then why even contest it? Instant guilty vedict for you.
rolleye.gif


Because you are require to show up in court when you get ticketed for reckless driving, at least I am under that impression
 

Mill

Lifer
Oct 10, 1999
28,558
3
81
Originally posted by: Ylen13
Originally posted by: Millennium
Originally posted by: Ylen13
Originally posted by: mugsywwiii
Originally posted by: Ylen13
Originally posted by: Marauder-
Well - if you're going to get the point regardless - you might as well try to fight it. I'm not sure about the exact speeds but I do know that you HAVE to show up to court if you go over 100mph.

Can you hire a lawyer to appear on your behave or are you also require to be there?

How do you expect your lawyer to defend you without your being there? He can't give your testimony for you, nor can the prosecutor question him about what you did.

but if its not a felony i thought you were not required to be in court, after all you can take your 5th when he questions you

If you take the 5th then why even contest it? Instant guilty vedict for you.
rolleye.gif


Because you are require to show up in court when you get ticketed for reckless driving, at least I am under that impression

As already mentioned, the poster is not sure if his friend was given reckless driving or a speeding ticket. Secondly, just because you show up in court doesn't mean you NEED a lawyer or that you HAVE to contest it. If you DO hire a lawyer and contest it, then your testimony is crucial unless the DA wants to plea down the charges. If you plead the 5th you will be guilty. Just how it works with traffic tickets. A lawyer is not there to "get" you off, but rather to chum up with the DA and get you a lessor charge, driving school, or maybe just maybe get the ticket dismissed with no points without driving school.
 

Cheese78CA

Senior member
Jul 6, 2000
344
0
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A plea is entered at the arraignment. If you pleas "not guilty", you go to trial. If you go to trial, you lose the opportunity to attend traffic school. However, you may enter a "guilty" or "no contest" plea at the arraignment and the judge will likely make a bargain to keep you from congesting the already over-burdened court. At least that's the case in Santa Clara County.

Originally posted by: OS

Just call the court and keep asking for extensions until you run out, before and after you set a trial date. For the 3 times I've tried that method, twice the officer didn't show. If the officer does show, ask to have your plea reversed and take traffic school.

 

bUnMaNGo

Senior member
Feb 9, 2000
964
0
0
I got ticketed for going 100 in a 70 zone in Fresno on the 5N. I just had to pay a fine which was a few hundred dollars, and was able to take traffic school for it. I didn't have to show up to court. This was in December of 1999 I believe.
 

EMPshockwave82

Diamond Member
Jul 7, 2003
3,012
2
0
you dont get reckless driving tickets... at least in illinois.... you just get a speeding ticket.... now weather that ticket is far enough over the limit to have you be considered for reckless driving is up to the DA and the judge.... the judge can drop charges or add charges... ALSO driving conditions come into play.... i knew a guy that was going 5 over the limit on icy roads (not the brightest kid in the world) and he got reckless driving for that.....

so dont think speed is the only thing that can give you reckless driving

usually if you plead guilty then you can get court supervision or traffic school..... but if you plead not guilty and the cop shows up on the NEXT TIME you have to appear in court... GOOD LUCK
 

Slacker

Diamond Member
Oct 9, 1999
8,623
33
91
Originally posted by: Rallispec
in VA, 15 or 20 over is reckless.. cant remember which.


but yeah, i'm guessing that even in Cali-- 27 over ought to at least be something

I havent gotten a ticket in six years, but the last two that I did get taught me something.................

In VA. 20mph or more over the posted limit is reckless driving but it is at the officers discression, I got two tickets within a week of each other for 23 and 25 over and neither officer cited me for reckless, but you still get 6 demerits for either 20 or more or reckless.

Also 80mph or more regardless of the posted limit is reckless driving.