Speeding Ticket questions

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ngooch

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So this morning i received a speeding ticket(in California) and I'm curious what the best line of action would be.

The rundown:
I was in the fast lane and had to speed up in order to get over to catch my exit. While i was in this process a CHP officer pulled me over and showed me his radar gun, showing the result of 82 on it(65mph zone). When looking at my own speedometer i was never going over 75...

I had to speed up in order to get over, because there were 3 cars in my way. Now I know there are sayings that you're supposed to go with the flow of traffic. so wouldn't slowing down to allow the three cars to pass me in the slower lane also give me a ticket for going against the flow of traffic or is this a misconception?

Well, now my plan is to try to fight the ticket or see if i can get it reduced in some way. I have heard when showing up to court that there is about a 1 in 4 chance that the officer would not show up. I have also heard that officers are less likely to respond to Trial by written declaration. So I'm trying to decide the best way to go about fighting this. hoping that i get off by the system neglecting the ticket.

should I try to fight it in court or by the written declaration?

Is there a way to look up the last time his radar was calibrated?

also on the notice to appear slip it has in the description 22349 speed followed with a circled L and 484ft (maybe just his notes?) but could that be how far away he caught the speed from? and if so, is there documents that show the guns accuracy to distance that i may be able to use in my defense?

Any other words of advice for my situation would be appreciated.
 
ngooch said:
So this morning i received a speeding ticket(in California) and I'm curious what the best line of action would be.

The rundown:
I was in the fast lane and had to speed up in order to get over to catch my exit. While i was in this process a CHP officer pulled me over and showed me his radar gun, showing the result of 82 on it(65mph zone). When looking at my own speedometer i was never going over 75...

I had to speed up in order to get over, because there were 3 cars in my way. Now I know there are sayings that you're supposed to go with the flow of traffic. so wouldn't slowing down to allow the three cars to pass me in the slower lane also give me a ticket for going against the flow of traffic or is this a misconception?

Well, now my plan is to try to fight the ticket or see if i can get it reduced in some way. I have heard when showing up to court that there is about a 1 in 4 chance that the officer would not show up. I have also heard that officers are less likely to respond to Trial by written declaration. So I'm trying to decide the best way to go about fighting this. hoping that i get off by the system neglecting the ticket.

should I try to fight it in court or by the written declaration?

Is there a way to look up the last time his radar was calibrated?

also on the notice to appear slip it has in the description 22349 speed followed with a circled L and 484ft (maybe just his notes?) but could that be how far away he caught the speed from? and if so, is there documents that show the guns accuracy to distance that i may be able to use in my defense?

Any other words of advice for my situation would be appreciated.
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The BEST (and easiest way) to ELIMINATE a traffic citation is traffic school.
You learn some interesting things.
You review some old things.
You gather information to be a better driver.
The ticket is dismissed.
Its a lot cheaper than paying for the ticket (or being forced to pay for it) and watching your insurance rates rise.
Your insurance company also gives you a 15-20% discount for completing the course.
Traffic school is a win-win!
You beat the odds.
Fewer than 2% of all traffic tickets issued are ever beaten by fighting them in court.
Take a traffic school class and this thing goes away, it just goes away!
 
I guess i should mention that i may not be eligible for traffic school...is there a way to check this out?
I know about 1 year ago I had a speeding ticket and due to moving far away i was unable to show up to court so i just payed it plus the $300 fee for missing the date (learned the hard way)
So since i didn't opt for traffic school then would i be able to on this new ticket?
 
I had to speed up in order to get over, because there were 3 cars in my way. Now I know there are sayings that you're supposed to go with the flow of traffic. so wouldn't slowing down to allow the three cars to pass me in the slower lane also give me a ticket for going against the flow of traffic or is this a misconception?
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When I first read your post, my first instinctive thought was "why didn't he slow down instead of speed up". Though I understand your dilemna, there is no excuse for not being prepared for your turnoff.

Army's advice is the best, yet if you do decide to contest it keep this in mind. If you lose, the judge is likely to fine you MORE than if you had simply paid the fine without contesting it.
 
ngooch said:
I guess i should mention that i may not be eligible for traffic school...is there a way to check this out?
I know about 1 year ago I had a speeding ticket and due to moving far away i was unable to show up to court so i just payed it plus the $300 fee for missing the date (learned the hard way)
So since i didn't opt for traffic school then would i be able to on this new ticket?
Click to expand...


I don't see why you wouldn't be eligible.
Why not call the court (the information is on your citation) and ask, just ask?
 
If you haven't already, you will probably receive half a dozen soliciations from traffic schools in your mailbox. Call and ask your question. Or call the courthouse.
 
You are allowed to take a traffic school course to keep a violation off the record once every 3 years (I think)... maybe it is 5? So long as you didn't use that option last time, there is no reason you can't use it now (unless you have a commercial license).

You have no chance in fighting this anyway.

It is still illegal to exceed the speed limit when passing other vehicles. If you can't pass them without exceeding the limit then you shouldn't be passing them. The better option is to slow down, signal, and merge with traffic.
 
Thanks for the feedback. I'll try calling the court and see what's up.

@FlaRiptide: How would fighting the ticket make it more expensive? Why would the price be more? Are you talking about increased insurance rates? That doesn't sound right.

@Army Judge: you said "Fewer than 2% of all traffic tickets issued are ever beaten by fighting them in court." isn't this statistic just because 98% of people will just pay or is it actually the percent of cases won that are taken that far? Just like how Japan has a 99% conviction rate since everyone pleads guilty because its easier than dealing with the system...
 
@Mightymoose: thanks for the info. I think the only thing I would want to fight is the speed i was going, not the fact that I am guilty of speeding. I know there is some sort of bracket system for the speed you are going over the limit. The reason I would want to fight it is to be placed in the bracket that is lower. I don't know where this bracket starts in California(i believe its either 15 or 20mph over the limit). So in my case, if its thought that I was going 17 mph over the limit instead of 10mph my ticket may end up being more money if its 15 for California/ Marin County

Anyone know more about this?
 
You wont get anywhere in court arguing the speed. There is not any bracket system for the fine... typically the fine is something in the neighborhood of $20 plus another $10 or so for every mile per hour over the limit. Those amounts may be higher considering the economy lately. Add court costs on top of that.

Taking traffic school will require you to pay the fine plus traffic school costs, but keeps it off your record and off your insurance.

If you try and fight the ticket in court you will incur additional court costs as you go through the motions and you will still end up paying the fine. Your insurance will then find out about the conviction and you can expect at least a modest increase in your rates depending upon how forgiving your insurance company is. Since you had a ticket a couple years ago it is likely your insurance would assess a point and raise your rates.

When it gets down to it, you have no way to prove you were going a lesser speed while the officer has a radar gun, which you can bet is regularly maintained and accurate. You would have to prove that the radar was inaccurate if you want to prevail, and it would cost you a lot more to do that than it would to just pay the fine and be done with it.

Choose your battles. Personally, this isn't one that I would fight, especially if I knew that I was speeding.
 
Two years ago I was ticketed for violating a no turn sign (I forget the exact reason). Since the signage was new and I was from out of town, the officer actually told me that if I contested the ticket he would NOT show up. I have always wondered why he even took the time to write the ticket if he was not planning to pursue it. Perhaps he had already begun the process before he took "sympathy" for me :>)

Anyhow, as I was waiting in the courtroom with everyone else, the judge began the day by informing everyone that those who plead not guilty run the risk of being assessed a higher fee than if they only plead guilty. A few did indeed decide to change their plea.

My case got dismissed since the Officer kept his word and did not show!
 
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