CA Speeding Ticket - 72 in a 65

[lmng]

I was stopped and given my first ticket this morning by a CHP officer at 6:55am and there was hardly any traffic on the highway, and I was driving with the flow of traffic. She said the reason she had pulled me over was for speeding. I presented my driver's license, insurance, and vehicle registration and she took them and proceeded to issue me a citation. Upon her return to the vehicle, I asked her how fast I was going and she noted "72 in a 65." Only 7 miles over the speed limit, it is my first offence in 8 years of driving...I am still in shock and so frustrated! I am greatly considering filing a trial by written declaration because this is absurd. Should I proceed and fight this? Or just pay it off? Are my chances for a dismissal any good?

 

[mike]

I was stopped and given my first ticket this morning by a CHP officer at 6:55am and there was hardly any traffic on the highway, and I was driving with the flow of traffic. She said the reason she had pulled me over was for speeding. I presented my driver's license, insurance, and vehicle registration and she took them and proceeded to issue me a citation. Upon her return to the vehicle, I asked her how fast I was going and she noted "72 in a 65." Only 7 miles over the speed limit, it is my first offence in 8 years of driving...I am still in shock and so frustrated! I am greatly considering filing a trial by written declaration because this is absurd. Should I proceed and fight this? Or just pay it off? Are my chances for a dismissal any good?

If you show up for a hearing, you may be able to avoid the ticket. First, you should go to court and speak to the prosecutor. He may decide to drop the matter entirely. You can state that you have no offences on your license in your driving history -- you are a careful driver -- and that this minor difference is wrong. It may be difficult to prove. I have also found that bringing an attorney (even if just a friend) may be of assistance in some places, believe it or not. I'm not even sure that is necessary.

If this actually does get to the judge, you should carefully cross examine the officer. Ask the determination of the speed. If there is radar, check the calibration. If he was pacing you then you should ask whether the speedometer is digital, when it was last calibrated, for how long he/she was following you and whether it is possible that his speedometer could be a few miles off (of course it could be, even if he denies it is possible.)

I understand why you are angry. Note that it is the officer's right to give you a ticket even though, between all of us, the ability to prove the charges is ultimately going to be unlikley. I hope you get rid of the ticket and would like to hear what happens.