QuestionQUESTION: I have over ten years of experience and I just received my first traffic ticket in Riverside County for driving 62 MPH (according to Radar) in a 55 MPH. Also the ticket states that my approximate speed is 60 MPH. The police officer was situated at the bottom of a hill along the highway. The driving conditions were good and traffic was not heavy. I was not being unsafe according to the driving conditions. Can I fight this ticket in court and be successful? Should I pay the fine and go to traffic school? Will my insurance rates go up? How much is this fine? Can I go to court and if I lose still go to traffic school?
ANSWER: Hi Lil, and welcome to AllExperts!
Your question greatly depends on which section of the Vehicle Code you were cited.
If the section was for exceeding the maximum posted speed limit (22350 CVC - Prima Facia), then it will be difficult to defend yourself based soley on the violation itself.
If you were cited for unsafe speed (22349(a) CVC), Then you may have a possible chance of beating it based on the violation itself. In this case, assuming you can show that due to conditions present (as you have described), you were:
1) Under control at all times.
2) At a speed that wasn't hazardous to anyone else.
3) Only 7 mph faster than posted for a brief period.
Usually, if you cannot contest the violation, you contest the officer and his mode of verifying your speed.
For Radar:
1) Was the officer trained and qualified to use radar.
2) Was the radar unit properly calibrated at the start of his shift.
3) Did the unit pass, or has it ever failed calibration standards.
4) Can he be sure that your car was tagged and not something else.
5) From tagging to stop, did the officer ever lose sight of the car.
For clocking (shadowing the offender)
1) Is the speedometer certified as being accurate for police use.
2) What was the date of the last calibration. (must show > 1 year)
3) How long did the officer shadow the offender at speed.
4) From tagging to stop, did the officer ever lose sight of the car.
If you wish to contest the citation, you will lose any opportunity to request traffic school, which is the only way to have this removed from your driving record and not have this available for scrutiny by your insurance company.
Unless you can show mitigating circumstances, equipment failure or procedural errors on the officers part, then you only have a couple choices. If the section was for 22349(a) CVC, you have a 25 hance of beating it. If the section was for 22350 CVC, you have no chance. In either case, you really should ask for traffic school.
I hope this helps!
Terry
---------- FOLLOW-UP ----------
QUESTION: Thank you Terry. The code was the California VC 22349(b), the Max Speed Law.
AnswerHi again Lil....
If you like to gamble, then you certainly can contest this in court. Remember though that each judge or commissioner sees things a little differently from another when determining what defines safe speed. There are always mitigating circumstances.
You might be able to convince the judge/commissioner based on your case, as the speeds involved were not much over the limit, you were on a decline, and the conditions were acceptable for it. If I were to make a case for this, your circumstances are certainly optimal.
Even so, I would rather bet on a sure thing and take traffic school if it were me. I am not someone who gambles. As I cannot speak for you, only you can make this decision.
The best of luck to you!
Terry
