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Old 07-06-2006, 07:37 PM
jaba's Avatar
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Join Date: Sep 2005
Location: southern california
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What to do with this ticket?

At around 2pm on the I-605, a chp turns on his sirens and pulls me over. Of course upon noticing chp come up behind me, I quickly turn on my signals to make my way safely to the shoulder lane. While the officer makes his way towards me, I put both my hands on the wheel where the officer can see it and roll down my window and prepare myself to talk to the officer.

The officer comes to me and aggressively asks me if I know why I was pulled over. I didn't want to give up my 5th amendment protection against self incrimination for whatever violation i did so I replied politely and courteously by saying "I don't know what i did officer, why was I pulled over?" and I did not confess to anything. Besides, I knew he was playing gotcha games with me. He then says that he pulled me over because I was driving recklessly, I was making unsafe lane changes, I was following too closely to the car in front of me and I was speeding. With him thinking that I probably knew how to handle myself in this type of situation, he intimidates and threatens me by using those accusations to impound my car to get some leverage on me. I did not respond to this in any way because I didn't want to make matters worse.

He then asks for my driver's license, registration, and insurance and I quickly follow his instructions and pull out all those documents for him. After he finishes doing the paperwork and as he approaches my passenger window, I ask him "Officer, I know you're claiming that I committed all those violations but do you have any proof for those accusations? I can understand that from your perspective/observation that my lane change may seem unsafe to you (traveling 63-65 mph and made a rather quick lane change to the right with about half a car's length space between me and the the vehicle behind me) but I clearly was not speeding nor should my driving be even considered reckless. Do you have proof on video or did you even at least clock me above the speed limit by any chance?" He then replies with a better tone realizing that I had the knowledge about the law and my rights and says, no I don't have it on video nor did i clock you over going the speed limit. I assumed you were speeding by my observation of your driving.

He gives me a ticket:

- an infraction for following too closely
- and a warning for speeding and unsafe lane changes.

I don't complain or anything because if I did, again, it would make matters worse. I just accepted the ticket and told the officer that I would contest the violation. He says I'll recieve a notice in the mail to appear in court and lets me go.

So what am I going to do? Of course I'm going to appear in court and contest the violation through trial by declaration. I'm also gonna do my research and figure out how to successfully fight this ticket.

Furthermore, since this violation is considered a infraction and does not require corrective action. Does that mean I can just pay the bail amount (if all else fails) without getting a point on my driving record?

What are your thoughts and opinions? I'd really like to hear from you guys especially to from those who have experienced this kind of situation.
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