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Can a Texting ticket me reduced?

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  • #31
    TheOriginal
    Member
    • Oct 2014
    • 228

    Originally posted by gl0ckc0ma
    They won't want to hear it, you can definitely try, but the goal for that day is to hear your plea; guilty, not guilty, no contest. You can ask the court clerk, or the bailiff/court officer about the evidence you have on you, I would believe that latters advice would be the more helpful. They will know the judge and how to deal with him. Some judges will give you an ear and some will just tell you, "so your pleading not guilty then?" Probably cutting you off and not wanting to see any evidence. If your counsel/attorney he might hear you out, but just a regular joe, then you'll most likely get that response. Hope this helps and good luck. There are cool judges out there that will probably not even understand what your showing him but he will still say, okay "I'll accept it" and ask you just to pay the 25 buck court fee (this is your best outcome) on the other hand you'll get a douchebag judge and he'll make you pay the full penalty (this is the worst outcome). But most judges are somewhere in the middle.
    thanks, I appreciate your advice. I really appreciate it. Hopefully I wont have to pay the full penalty w.e the price is.

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    • #32
      gl0ckc0ma
      Senior Member
      • Mar 2011
      • 1302

      Originally posted by TheOriginal
      thanks, I appreciate your advice. I really appreciate it. Hopefully I wont have to pay the full penalty w.e the price is.
      Also most courts will give an automatic 5 month extension but will tack on a 10-15 dollar extension fee if you don't pay it that day, so you can just leave when the render their judgement/penalty. Just fyi.

      Comment

      • #33
        Doheny
        I need a LIFE!!
        • Sep 2008
        • 13820

        When I got my texting ticket it was well over $200 after court fees.
        Sent from Free America

        Comment

        • #34
          Bobby Ricigliano
          Mit Gott und Mauser
          CGN Contributor
          • Feb 2011
          • 17439

          Non-LEOs; have a questions for a cop?

          Get lots of answers from cops other Non-LEO's!

          Comment

          • #35
            Doheny
            I need a LIFE!!
            • Sep 2008
            • 13820

            Originally posted by Bobby Ricigliano
            Non-LEOs; have a questions for a cop?

            Get lots of answers from cops other Non-LEO's!
            Chillax...leave the police work at the station.

            That's not a "rule" of the forum, anymore than what's said on the splash page on the FFL forum, Calgunners in Service forum, etc. Based on your habit of condescending comments in threads in other forums, you're the last person who should worry about such trivial matters.
            .
            Sent from Free America

            Comment

            • #36
              Bobby Ricigliano
              Mit Gott und Mauser
              CGN Contributor
              • Feb 2011
              • 17439

              Originally posted by Doheny
              Chillax...leave the police work at the station.

              That's not a "rule" of the forum, anymore than what's said on the splash page on the FFL forum, Calgunners in Service forum, etc. Based on your habit of condescending comments in threads in other forums, you're the last person who should worry about such trivial matters.
              .
              I'm not worried about it at all, and I never said it was a "rule." It is sort of amusing, actually. Perhaps the best source of information would be to just strike up a conversation with the other defendants sitting in the court room. Surely there must be a wealth of legal expertise among that crowd.

              Comment

              • #37
                ????? ????
                Senior Member
                • May 2014
                • 991

                Originally posted by Bobby Ricigliano
                That decision is an interesting development. I don't think it has any bearing on cases outside of Fresno County currently, but it could gain momentum if it ends up with the state supreme court with a reinterpretation of the law.
                People v. Spriggs (2014) 224 Cal.App.4th 150 was the decision from the 5th DCA that held that VC23123 only prohibited talking on the phone while driving, not all handheld usage of a phone. Spriggs is binding law across the whole state. Under the doctrine of stare decisis as explained in Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, all trial courts in California must follow the decisions of any of the Courts of Appeal, unless there is another Court of Appeal decision that conflicts. This is different from how stare decisis works in federal courts, where a decision in the 9th Circuit is only binding on federal courts within the 9th Circuit.

                Originally posted by TheOriginal
                LOL! . What is the full fine for a texting ticket anyways?
                It should be somewhere in the range of $162, assuming you're paying it all at once. Base fine of $20. State penalty assessment of $20. County penalty assessment of $14. DNA penalty assessment of $10. Court penalty assessment of $10. 20% surcharge of $4. EMS penalty assessment of $4. EMAT penalty assessment of $4. Court operations assessment of $40. Conviction assessment fee of $35. Night court fee of $1.
                Last edited by ????? ????; 04-26-2015, 9:01 PM. Reason: Editing

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                • #38
                  Bobby Ricigliano
                  Mit Gott und Mauser
                  CGN Contributor
                  • Feb 2011
                  • 17439

                  Originally posted by ΜΟΛΩΝ ΛΑΒΕ
                  People v. Spriggs (2014) 224 Cal.App.4th 150 was the decision from the 5th DCA that held that VC23123 only prohibited talking on the phone while driving, not all handheld usage of a phone. Spriggs is binding law across the whole state. Under the doctrine of stare decisis as explained in Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, all trial courts in California must follow the decisions of any of the Courts of Appeal, unless there is another Court of Appeal decision that conflicts. This is different from how stare decisis works in federal courts, where a decision in the 9th Circuit is only binding on federal courts within the 9th Circuit.
                  Thanks for that update. Good to know!

                  Comment

                  • #39
                    MontClaire
                    Veteran Member
                    • Feb 2009
                    • 4859

                    If you were not texting then print out your cell phone bill of that day and time. This is your proof. When the cop shows up in court show this to the judge. Smile. You won.

                    Comment

                    • #40
                      TheOriginal
                      Member
                      • Oct 2014
                      • 228

                      Originally posted by MontClaire
                      If you were not texting then print out your cell phone bill of that day and time. This is your proof. When the cop shows up in court show this to the judge. Smile. You won.
                      got it print out! both txt and phone history. Ill bring it to court when its time. hopefully plugging in my aux for music, and checking the time will work?

                      Comment

                      • #41
                        Ron-Solo
                        In Memoriam
                        • Jan 2009
                        • 8581

                        Originally posted by tleeocinca
                        Wouldn't his dash cam show it somewhere, since he claims four blocks?
                        Not all cars have dash cams.

                        Some dash cams only come on when emergency lights are activated

                        Dash cams have a very limited field of view

                        Texting while driving is a hot issue right now because of the recent increases in collisions associated with distracted driving, so don't expect a judge or commissioner to do much in the way of reducing fines.

                        LASD Retired
                        1978-2011

                        NRA Life Member
                        CRPA Life Member
                        NRA Rifle Instructor
                        NRA Shotgun Instructor
                        NRA Range Safety Officer
                        DOJ Certified Instructor

                        Comment

                        • #42
                          Bobby Ricigliano
                          Mit Gott und Mauser
                          CGN Contributor
                          • Feb 2011
                          • 17439

                          Originally posted by Ron-Solo
                          Not all cars have dash cams.

                          Some dash cams only come on when emergency lights are activated

                          Dash cams have a very limited field of view

                          Texting while driving is a hot issue right now because of the recent increases in collisions associated with distracted driving, so don't expect a judge or commissioner to do much in the way of reducing fines.

                          Cell phones were in play in numerous traffic collisions I responded to. There is a reason why there is a check box on the triple nickel for it. The irony of cell phone distracted driving is that everyone knows it is a problem, yet feels like they themselves can do it safely.

                          Comment

                          • #43
                            TheOriginal
                            Member
                            • Oct 2014
                            • 228

                            My last question would be, since this is the first time ever really receiving a ticket,,, On the bottom it says whenn or before this date of 05/25/2015 and time. Does that mean I have to show up court specifically on that date? or can I go in before that time?

                            Sorry im just confused, because this is my first time ever dealing with a ticket.

                            Comment

                            • #44
                              NYT
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Apr 2011
                              • 3811

                              i show up to court for every ticket. the leo shows up half the time.

                              doesnt matter if you checked the time, your phone caused you to be a distracted driver.

                              Comment

                              • #45
                                LtJim
                                Member
                                • May 2012
                                • 180

                                Then plead Not Guilty--

                                Thats what courts are for

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