Hi folks, looking for some help with a speeding ticket. I haven't gotten one in 16 years so I'm a little out of the loop these days

On 11/10, I got ticketed for doing 54mph in a 35mph zone, on a local road in Santa Clara County. The ticket says I'm required to go to traffic court on 1/11 (upcoming Tuesday).

I then received a notice in the mail on 12/8, with the following options, and requiring a response by 2/5.
a) Pay your ticket/bail forfeiture ($240)
b) Request court appearance ($240). It says my appearance is optional, with a choice of an Arraignment OR Court Trial.
c) Traffic school ($279)

My questions are:
- The ticket says my appearance in court on 1/11 is required, but the notice says my appearance is optional, and I don't have to respond until 2/5. Does that mean I don't have to show up on 1/11 anymore?

- If I opt for an arraignment to hear my charges/enter a plea, do I have a better chance of a lower fine, especially if I sign up for traffic school? Do I still need to post the $240 bail?

Any recommendations or advice would be greatly appreciated!
- Rich

 

Hey Rich,

Don't know how Santa Clara County works exactly, but I received a ticket back in 08' up in Solano County. I elected to go to court primarily because they said I was ineligible for traffic school. Since it was my first offence ever in 13 years of driving, the judge reduced my fine and allowed me to go to traffic school. I pled no contest. The whole court process basically ate up a half day, but I got the fine cut in half.

Basically your options are to pay the fine and attend traffic school or if you have the time, go to your court appearance to see if they reduce your fine. You still will have to attend traffic school which can be completed on line in 4-6 hours.

Just to be clear that your court appearance is optional, I would call the traffic court. They'll ask for your citation number and then give you all of your options you have and provide you with a list of approved traffic schools that you can attend online or in person. Good luck!

 

i got one about a year ago in santa clara county.

fighting it is a PITA but if you have the time and want to try it, then go ahead.

since it seems like you dont get many tickets, if i were you i would go to traffic school and be extra careful for 18 months.

traffic school is online now and i did mine over the course of about 3 weeks. its boring, but there is a final test.

http://www.ticketassassin.com/whyfight.html

 

goodluck with santa clara county. unless you had a witness and a radar / video footage, i suggest you just pay the fine with traffic school (in cash of course so you don't get that CC fee) and get it dealt with. there are rumors though that the officer doesn't show up to court, but damn it's hard to say cause mine did in the last one -__-

 

thanks for the advice guys.

flyinchop: im going to take my chances in court and hope for a lesser fine. sucks that it will take 4-6 hours but my work schedule is pretty flexible.

dirtykoala: great link. i wish i knew about trial by written declaration sooner, i missed the 5 day mark already due to my carelessness

tkeyyy: im sure the cop will show up because they get overtime for court appearances

 

279 really isn't that bad compared to 400.
like the OP said before, they get overtime right? so you're going to give them overtime + end up paying the fine given? i wish you the best of luck!

 

You should be able to extend it on the court website or in person, at the payment window.

If you want to fight it, I'd do TBD first since, for me, the officer is usually too lazy to even do the paperwork and you win by default. If you lose TBD, you automatically have a right to a re-trial in person. You can even change your plea on the re-trial.

Good book: http://www.amazon.com/Fight-Your-Ticket-Wi...94504220&sr=1-1

 

as far as cops getting OT for going, its true, and they love it.

i know a few cops, they said they go and show up when court opens, hang out all day and not do much, and get 8hrs of OT for it, so expect them to be there.

Courts will also lead you to believe that if you go to court and get your fine lowered, you cant go to traffic school. i think it does come down to the judges decision, but you can ask for lowered fine, and traffic school (i think school is an extra $35 or so, paid to the school, not court) its not impossible like they make you think.

 

well said

 

Just keep in mind that by writing a TBD, you're also waiving your rights to traffic school automatically. If you do happen to lose the TBD, you'll have to go to court personally and ask for it. Whether you get to take traffic school or not is up to the judge.