Reddit Reddit reviews Fight Your Ticket & Win in California

We found 4 Reddit comments about Fight Your Ticket & Win in California. Here are the top ones, ranked by their Reddit score.

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Fight Your Ticket & Win in California
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4 Reddit comments about Fight Your Ticket & Win in California:

u/ParanoidBastard · 2 pointsr/sanfrancisco

At the very least, I would show up to contest it. I don't know if tickets issued by Bart police are handled in the same way as normal tickets, but if so, and if your time is worth less than the cost of the ticket, it's worth it.

First things first, I would buy (and have bought) this book. No, this isn't a traffic ticket, but much of the rules regarding court rules, motions, etc. still apply.

Next, I would show up at my arraignment and would not waive time. One of our rights under the constitution is a "fair and speedy trial". For infractions, this is usually 45 days. If you waive time, you're allowing the court to dick around as much as they want. Also, I would not plead my case at my arraignment. The sixth amendment guarantees us the right to confront our accuser. Unless the officer is there that day, they'll have to set a trial date. I would let them do so. If they try to hear the trial right then and there, see below for the motion I would file to dismiss due to lack of prosecution. (i.e. your accuser.) I would also bring four separately signed and dated copies of the following motions:

  • Motion of peremptory challenge (Disqualifies the judge if the defendant merely believes that the judge will not give the defendant a fair and unbiased trial. - Note: the judge hearing the arraignment may not be the judge hearing the trial, and we only get to do this once, so I wouldn't waste it on the arraignment judge. Find out who your trial judge is first.)
  • Request for court reporter (The CA supreme court held that even those charged only with infractions are allowed the same rights as those charged with misdemeanors or felonies. I would definitely file this.)
  • Motion for dismissal due to lack of prosecution (if the court forces the defendant to try the case then and there, and if officer doesn't show up.)

    Why four copies? One for the court, one to get stamped by the clerk and keep for records/proof (believe me - this is important, more on that later), and two in case the first two get screwed up. It's important to, at the very minimum, file the request/demand for the court reporter at your arraignment, so that when your trial rolls along, one can demonstrate (via the stamped copy we kept - see? important!) that it was requested ahead of time, and gave the court plenty of notice. I've had a judge claim I didn't request it, and didn't plan ahead and get a stamped copy beforehand. Lucky for me, the court clerk corrected the judge!

    Odds are, the only motion you'll end up filing that day is the motion requesting a court reporter. But be prepared; you might need more. Once your court date is set, reply to this post and I'll comment some more.

    By the way, I'm not a lawyer, and nothing above should be construed as legal advice. It just happens to be what I've used successfully when faced with minor tickets in the past. If you're particularly concerned, go speak to an attourney. I believe (though I'm not certain) that the public defender may handle this case, depending on the specifics. Go find out.
u/JakeDeLaPlaya · 2 pointsr/legaladvice

Then if you're willing to put in the work, you might have a defense. One great resource is David Browns, "Fight Your Ticket and Win in California." The 2009 version is still valid. It gives a lot of information on the "speed trap" defense. This is where you were cited for 22350 using radar.

But basically if a traffic an engineering survey hasn't been done on that stretch of road within the past 5 years, the radar evidence isn't admissible. And given she was moving at the time, her estimation of your speed is a tough sell.

But before you do all that, plead not guilty by mail, pay the full bail ($367) and request a trial by written declaration.

u/3Jay1 · 1 pointr/CaliforniaTicketHelp

Info about a Peremptory Challenge can be found here and here. The latter of which is far superior but either would do if that's all you want to learn about.

You were traveling Southbound on State College Blvd and made the U-turn at Nutwood Ave, correct?

u/uluscum · 1 pointr/santacruz

It takes between 40-60 hours to effectively fight a ticket and win. Is it worth your time?

If you just write a statement and go to a hearing, you will lose.

If you want to burn a work week of time and have some fun “fighting the man” and learn some stuff, then this book is excellent:

https://www.amazon.com/Fight-Your-Ticket-Win-California/dp/1413310303

Nolo press has also been a good resource: https://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter3-4.html

And I even made use of the county law library.

(Source: After getting some BS parking tickets and moving violations, I started fighting them. Lifetime, I have beaten 7 tickets, and lost twice. To win, you have to spend hours and hours preparing and navigating to a real hearing, and I only succeeded b/c of that book and because I practiced and rehearsed with a college buddy who is a lawyer now. The last ticket I got, I just paid, b/c it burns so much time and causes much stress.)