Case Study: How TicketBust Beat a Speeding Ticket and Saved Christmas
On the day Jo Ann from San Ramon was issued a citation, it was during the heavy shopping season just prior to the holidays. She was driving northbound on the US-101 Freeway amongst moderate traffic. Jo Ann was looking forward to the holidays which she would spend with her 7 grandchildren and 9 nephews. Jo Ann was five hours from her home.
Although it had been raining earlier, the weather was mostly clear. Overall, Jo Ann was being prudent, having due regard for weather, visibility, the traffic and the surface and width of the roadway and was driving at a speed which was reasonable for the conditions.
She was traveling with a group of cars when she observed the patrol car in her rearview mirror. As Jo Ann states, “I did not know at first that I was getting pulled over and I presumed the officer wanted to get by me to go after another car”.
Unfortunately, the officer was not pulling over another car; rather Jo Ann’s was the vehicle the officer was after. The officer turned on the lights in the patrol car and Jo Ann was directed to pull over. Of course she had that sinking feeling in her gut as many of us do.
- She began running things through in her mind.
“Was I going too fast?”
“Did I use my blinker properly when changing lanes?”
“Did I pull over with a safe distance from the traffic lanes?”
“Do I have the proper paperwork handy like my insurance card and registration?”
“Should I reach for these documents now or wait until the officer asks for them?”
“Should I turn the car off?”
“Should I get out of the car, roll down my window, or wait for instructions for the officer?”
If you get pulled Over, Here is TicketBust.com's Advice:
Turn your car off and make the interior of the car completely visible so that the officer can see into your car by turning the lights on. This is so that you can take away any unnecessary tension that the officer may have in pulling a car over. He does not know that your car is not loaded with drugs or weapons and they are trained to expect the worse. By having your hands in plain sight and the interior of the car visible, you are showing complete submission to him and will be better prepared to explain your situation.
Be polite and calm to the officer. You want your attitude to assist you in achieving your desired outcome not hinder it. Whatever you do, do not argue with the officer or create any sort of animosity. Arguing with the officer does not increase your likelihood of leniency so treat him as if you would want to be treated.
Be respectful to the officer and comply with his requests. Do not start asking him questions or begin pleading with him until after he has gotten through his initial questions. Once he has gotten your information ask him politely if you can speak with him regarding your speeding violation. Plead your case in a very polite and non-combative manner. Most officers will be lenient with you if you simply admit to speeding and tell them that his will cripple you financially. Let them know that you are very sorry for speeding and that you realized you were speeding but felt the flow of traffic was also going at the same speed but you were at fault for assuming that.
Remember all the details of the experience as closely as possible, once you leave the scene after receiving the speeding ticket.
Do not change your attitude into a combative one, if the officer does not let you go and he decides to write you up a ticket. You want to be as inconspicuous as possible to the officer.
The officer cited Jo Ann for traveling at 83 mph; however she did not admit any guilt as to traveling at that speed. She felt her speed was reasonable and prudent in light of the circumstances (driving conditions and traffic). The officer cited Jo Ann for allegedly violating VC§22349 by traveling at 83 mph in a 65 mph zone.
According to DMV this violation’s description follows:
Maximum Speed Limit--22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
Amended and Repealed Sec. 22, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996.
Added Sec. 23, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.
Amended Sec. 1, Ch. 20, Stats. 1996. Effective March 29, 1996.
Amended Sec. 41, Ch. 724, Stats. 1999. Effective January 1, 2000.
Jo Ann was a keen driver and went to the Internet for help. She found TicketBust.com, a professional document filing company that helps California drivers dismiss or reduce their speeding tickets and other traffic tickets. The experts at TicketBust.com helped her put together a Trial by Written Declaration and submitted all the necessary documents to the court for her.
This declaration, in her own words, included details such as:
The officer could not have had a clear line of sight to her car amongst all of the nearby vehicles that were traveling the same speed as Jo Ann or faster and she believed the officer was mistaken in citing her for that speed.
“I do not feel the officer was behind me for long and I believe that the patrol car quickly gained on me from behind. I noticed the officer quickly closed the gap between my car and his patrol car (having the effect of giving him a high speedometer reading), and if he was not constantly examining his speedometer (which is likely he did not because he would have been focused on his own driving and his speedometer all the while ensuring other motorists were driving safely and following his target vehicle), then he would have glanced down at his speedometer as he was closing in on me and used the accelerated speed as a basis for the ticket. I am not aware that the officer followed behind me for any defined distance (for example the officer made no indication on the ticket that he followed me from point A to point B) while traveling the same speed and not faster than me. The foregoing reasons would explain why he cited me for a speed in excess of my actual traveling speed.”
Some of the other arguments (or declarations) we helped her discover included:
The lack of evidence of any speedometer calibration is also relevant to this inquiry...
It appears that in addition to a visual speed observation with use of a speedometer, the officer may also have relied upon a radar device. These days most radar units are accurate however...
For radar to be as accurate as possible, there are some conditions that must be met (flat and straight road, good visibility, minimum of traffic, and the officer has to be properly trained to interpret false signals generated by the equipment)...
The radar unit should be calibrated before and after each violation with the tuner fork supplied by the manufacturer. Tuner forks are certified to correspond...
There was much more information and previous cases cited when the final declaration was submitted by TicketBust.com. The declaration concluded with the statement, “As one final seemingly insignificant note, the officer wrote my zip code incorrectly on the citation. This minute detail may seem insignificant on its face however it does raise possibility that the officer may not have been paying close attention to detail and raises doubt as to whether he clocked and cited me for the accurate speed at which I was traveling at. Based upon the above true facts and for all of the foregoing reasons cited, in the interest of justice, I respectfully request this court to dismiss the citation in its entirety. I believe the above true facts and accompanying rationale warrant a dismissal. In the alternative, should the court rule against me, I then respectfully request that the court issue permission to attend traffic school for this violation.”
The best part of the process for Jo Ann was that she simply had to:
- call us and give us the background of her ticket
- sign three original copies of the Trial by Declaration form, which she downloaded from the TicketBust site
- sign the TicketBust Engagement Letter also available for easy download, which explains the process and the terms and conditions of the TicketBust Service and Service Fee Refund. Additionally, in California, in order to contest a traffic ticket, the court requires you to post bail for a Trial by Written Declaration. Therefore, Gabriella had to also include a bail check*, made out to the court.
- The last step was to include a check for the TicketBust service.
If she had posted bail directly with the court, she would simply have to inform the court that she was posting bail for a Trial by Written Declaration to contest her ticket. The court will refund your bail once your ticket is dismissed.
TicketBust used these forms, etc. to submit the necessary documents to the courts. Some services leave the paperwork filing and everything else to the driver. TicketBust submitted all the documents to the court on behalf of Jo Ann, so that she didn’t have to go to court or even the post office. Jo Ann also did not have to worry about deadlines after she secured the TicketBust services.
Jo Ann wrote TicketBust a wonderful note about her experience with us. Jo Ann wrote, “thank you Ticket Busters. I got my speeding ticket in a town 5 hours from home. My ticket was for $414 due just after Christmas. Because of your help, I didn’t have to make the trip to court. My 7 grandchildren and 9 nephews never knew that Christmas was potentially in jeopardy and best of all my insurance company is none the wiser. I would recommend you to anyone with any kind of traffic ticket.”
For more information on how Ticket Busters of California can help to beat your speeding tickets or fight other traffic tickets, visit TicketBust.com or call us today at 800 850-8038.
Do you have a story you would like to share? Please call us today at 800 850-8038. We’d be honored to add your case study for other clients to read.
Although the majority of our customers have their ticket dismissed or reduced using our service, some do not. In those cases we offer a refund of our Service Fee if you traffic ticket doesn't get dismissed. Please make sure and read out terms and conditions regarding our Service Fee Refund.
ABC News Channel 7 Feature Ticketbust.com
Interviewed by Ric Romero, CA
Ric Romero, consumer specialist for Channel 7 ABC News, features TicketBust.com. Mr. Romero states "TicketBust.com says it's helping California traffic violators beat tickets without them ever having to show up in court." TicketBust fights tickets by helping drivers file what's known as a Trial by Written Declaration, which allows drivers to contest the ticket in writing.
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