i got my ticket in the mail
Thread started by ONEwayRIDA
at 04.8.09 - 11:22 am
from the peoples ride its fucking 436.00
What was it for?
See other threads for the recommended postponement/trial by declaration/trial de novo method for fighting the ticket.
04.8.09 - 11:25 am
Was this for running a red light?
04.8.09 - 11:26 am
yep it was for the red light.
i called the number but its kinda confusing
04.8.09 - 11:37 am
Click on "search by driver's license" on the left side, then you enter your driver's license # and can ask for a postponement / trial by declaration / etc.
$436 for running a red light? Ouch.
04.8.09 - 11:46 am
What happened to the days of $25 tickets? Damn, I am really old!!
04.8.09 - 11:48 am
No Alice, it's not that you're old, it's that L.A. County adds multipliers to the fines.
Here's how $100 becomes $436.
Penalties and Assessments
"P." designates the state penalty, county penalty or any additional penalty required by law. When an offense listed in this schedule requires a court appearance ("Ct."), the assessment shall not be added to the bail amount. Upon conviction, however, the assessment shall be added to the fine imposed.
An additional penalty of $26 shall be levied upon every $10, or part of $10, upon every fine, penalty, or forfeiture imposed by and collected by the court for criminal offenses. The additional penalty is calculated as follows:
• State penalty required by PC 1464................................................................................. $10
• County penalty required by GC 76000(e) ....................................................................... $ 7
• State court construction penalty required by GC 70372(a)............................................. $ 5
• DNA Identification Fund penalty required by GC 76104.6 and 76104.7......................... $ 2
• Emergency medical services penalty required by GC 76000.5...................................... $ 2
Penal Code § 1464(b) provides that in the case of multiple offenses, the amount of "additional penalties" is to be determined by the total base bail or fine for all the offenses cited, and if the fine or base bail is suspended in whole or part, the "additional penalties" shall be reduced in proportion to the amount of suspension.
In addition to the penalty calculated above, Penal Code § 1465.7(a) requires imposition on criminal offenses of a state
surcharge equal to 20 percent of the base fine used to calculate the state penalty assessment as specified in Penal Code
Penal Code § 1465.8 requires imposition of an additional fee of $20 for court security on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in Penal Code § 1463.
Government Code § 70373 requires the imposition of a conviction assessment, on every conviction for a criminal offense,
including a traffic offense, in the amount of $30 for each misdemeanor and $35 for each infraction.
04.8.09 - 11:59 am
Don't tell me you were nailed by a red-light camera now.
04.8.09 - 12:03 pm
Funniest Critical Mass moment, from a few months ago:
Riding through a red light with 100 or so others and the ctraffic camera flash going off over and over.
04.8.09 - 12:22 pm
in court bring forth this piece of evidence and call it "exhibit a" ---->
04.8.09 - 12:31 pm
Fuck. It can go on your driving record too.
Mine came too.
Approximate speed.... 5mph.
Seems to me it would be good to get together and handle this with the advice of a lawyer.
What is the best strategy to defeat this?? My dispersal of parade proper procedure argument failed... lol. How do we prove we didn't run the light?
I can prepare some graphics that would argue the case of what really happened.....
04.8.09 - 12:39 pm
Without a red light camera, they have a difficult case proving you ran a red light.
04.8.09 - 1:20 pm
Hey guys. I'm going to prepare a trial by declaration statement and include illustrations of just what happened. Hang tight. I think I have a good case.
04.8.09 - 1:29 pm
"Funniest Critical Mass moment, from a few months ago:
Riding through a red light with 100 or so others and the ctraffic camera flash going off over and over."
Oh man, that's been my hidden fantasy forever! LOL I know the perfect spot in LB. 7th street and redondo long beach, ca
Take a look at every corner, you'll see numerous strobe lights and cameras on each corner! Not only that, look about 100 feet down the street. You'll see more cameras and lights! It's like Homeland Security run amok.
04.8.09 - 1:30 pm
first step is call up the auto phone line and get a 60 day extension and dont worry about it for two more months. then you go is ask for a trial by declaration at which point unfortunately you have to pay the fine. then you send that in. if it come back and they rule against you then you go get a trial. if the cop shows up for trial and says you ran the light you waste as much time as possible by asking all relevant questions to the red lights. this includes things as the proper installation of the light, there are so many guide lines and rules to installing a red light that there will be a stack of paperwork a mile deep they will have to read through. its possible to drag these things out so long they just give up. two days of court for a simple red light ticket, not worth it to them but worth it to me when i make less than that ticket a day.
04.8.09 - 1:31 pm
Please email me if you got a ticket that night.
I am maintaining a list of all unjust tickets to cyclists to later utilize in arguing for change - either with litigation or in council chambers. My email is firstname.lastname@example.org
As far as postponing - it's probably not worth your while. Doing trial by written declaration yes - but not postponing. LAPD union regulations punish officers who don't show to a court date severely, so within LAPD officers almost always show up for court.
04.8.09 - 1:34 pm
Actually so far all I got in the mail was a letter from the police department with a notice of correction. looking at my ticket it looks like the officer didnt write down the intersection he claims to have seen me run the light.
what I cant figure out is at what intersection did we get ticketed at?
04.8.09 - 4:41 pm
Heck I don't remember. And I certainly don't think the cop is going to remember either.
04.8.09 - 4:46 pm
does any one have the info of where we were ticketed and also the route of the ride? I'm looking at google maps and my best guess of where we were ticketed is at OLIVE and 7th.
who know's the route we took on the people's ride?
04.8.09 - 5:07 pm
if he didnt write it down dont incriminate yourself. if there is no location that is grounds for tossing the ticket. your ran a red light, what red light?
04.8.09 - 5:17 pm
he sent a notice of correction stating the infraction happened at olympic and grand. we were ticketed quite a distance away from there. finding out what corner we were ticketed on is important to the case...
04.8.09 - 5:23 pm
Fuzzbeast and Stillline were at the lead points for the People's Ride. They might remember better than anyone else what the route we took through downtown.
04.8.09 - 5:26 pm
go take pictures of olympic at grand, even google street view proves that that isnt the intersection.
04.8.09 - 5:34 pm
thats going to be tossed out, awesome.
04.8.09 - 5:37 pm
thats a half mile away. if you were traveling 5 mph as it says on the ticket you would of been riding for a whole 6 minutes after the officer pulled you over.
04.8.09 - 5:44 pm
the cop said he saw us run the light at olympic and grand and finally pulled us over at Los Angeles and 8th. we were moving according to the cop, at 5mph 440 feet per minute. he acknowledged that the FRONT of the ride did indeed stop at the light and it was was the back part of the ride that did not. I feel like I'm about to have an Encyclopedia Brown moment here......
04.8.09 - 5:46 pm
are there any photos of the ride as a mass? did anyone get an estimate of how many people there were? I would estmimate at least 200.
04.8.09 - 5:48 pm
you didnt run the light, now get as many people as you can who were there to tell the court that.
04.8.09 - 5:51 pm
my whole group that got ticketed didnt run the light. can we all sign statements and include them as witness testimony on a trial by declaration?
at the fuckin end of the day though... the cops win because we are spending all this time and energy trying to defeat it and they dont get any punishment... WEAK
04.8.09 - 5:56 pm
for the first trial by decleration it is just a written statement of the night so i assume sending in a bunch of signed witness statements would help. the cops themselves get paid no matter what they do so yea the beat us but all these trial and shit cost the city, even if you end up paying the fine by that point it still losing the city money. which to make up for the costs the just put more tax on OUR income. i want MY cops solving murders and pulling over drunks not harassing cyclists.
04.8.09 - 6:06 pm
if every single rida fights every single ticket no matter what is is we might just get a reputation and people wont want to ticket us.
04.8.09 - 6:08 pm
one of the last things I told Officer Wiggins was that he was just plain "CRUEL." I mean is it really that fuckin important to pull over a bunch of kids on bicycles? what kind of mean spirited brand of law enforcement is this.
04.8.09 - 6:11 pm
How did the cop differentiate you from the rest of the bicyclists that were riding that night? There were at least 200. How many bicyclists allegedly ran the red light? Did they note the color of your bike? The make and model? There are a lot of variables. If it was one lone bicyclists, it would probably be easier for the cop to cite you. But with the large group riding that night, they could have been mistaken. Reasonable doubt.
04.8.09 - 6:29 pm
Whatever you do in your trial by declaration or court defense..
DON'T ADMIT THAT YOU WENT THROUGH THE RED LIGHT!
04.8.09 - 10:28 pm
i've been working for the past couple of days, so i just saw this thread. i haven't received my ticket in the mail yet...
here's an interesting tidbit. my ticket says i was going 20mph. i wonder if we were to somehow fight the tickets as a group, all the inconsistencies could get the lot of them thrown out. i also took down the name and badge number of the officer who wrote out my ticket, even though officer wiggins' name was written. the guys who filled out the paperwork did not see anything. just further proves that there is lots of reasonable doubt with this batch of tickets.
04.10.09 - 12:28 am
I agree with cassidy. Also, would it maybe be a good idea to go to the next Police Commissioner's meeting? It's next Tuesday at 1 p.m.
04.10.09 - 1:01 am
Another way to fight the tickets:
You have the right to request any notes the officer took after issuing the ticket. They usually take notes on the back of their copy, so that they can "recall" the incident later in court. I don't know all the rules specifically, but basically, there is a procedure for requesting it as evidence. Usually, they ignore such requests from ordinary citizens (but not from lawyers). Then you just have to appear before a judge at the last possible moment to demand a dismissal. The officer is required to honor the request in sufficient time for you to prepare for trial; since they usually don't, the judge will have no choice but to dismiss! It's important to NOT request an extension, as the right to a speedy trial is key to the dismissal.
This approach is not theoretical; it worked for my sister fighting a speeding ticket.
04.10.09 - 1:36 am