Transportation and Vehicle Safety: Unsafe speed ticket, traffic control device, speed ticket

Question
I was riding on my motorcycle when I got pulled over and cited for "unsafe speed".  I was coming up on a stop light when it turned yellow, i felt i did not have enough time to safely stop. So i accelerated to make the light, and sure enough there was a bike police office stopped at the red light across the street.  He did not get me by radar, but stated i quote "you had to at least be going 20 mph over the speed limit."  And sure enough that what he put on the ticket in the approx. mph block on the ticket. I have yet to recieve the ticket in the mail, being California probably will take a little while.  Any advice would help on this issue, if this is worth fighting or not? Or if UNSAFE SPEED is a set ticket where mph does not matter.

Answer
Hi Stephen....

All our roads have posted speeds on them, and this speed is based on an engineering study for that roadway. They take into account traffic from all entries and exit's, blind spots, and the time it takes for someone to safely stop for motorists and pedestrians. The idea is to protect all people and property.

If a motorist is exceeding the speed limit, they may not be able to stop in time for another car, pedestrian, or to obey a traffic control device (light/sign) which ensures safe movement of all vehicles and pedestrians. Enforcement for speed violations is comes in two flavors:

* Prima Facia (Prima Facie) Exceeding the maximum posted speed
* Unsafe speed for the present conditions.

The first is exceeding the posted speed limit, regardless of whether it was 3am or 3pm.

The second would be similar to driving at or under the posted limit, but due to fog or heavy rain, even that speed was unsafe.

Although speed is best measured by radar or by following someone, it can be visually estimated. A seasoned officer can have a proven record in accurately estimating speed both in stationary and moving conditions, and this appears to have been what happened to you. It will be up to a judge to determine whether an officers visual speed estimate will be accepted or not. Many justices will not allow this form of testimony.

Concerning the violation of passing through a changing yellow to red signal, this has always been one of the most difficult violations to prove in court. It is based on Perception/Decision/Reaction time, distance to the signal when the change occurred, and speed.

Did the driver have enough time to safely stop their vehicle will always be the question. If they were going at or below the speed limit, then this gray factor is usually significant enough to allow for and not cite the driver. Their choice to continue was correct and defensible in court.

If the reason for not being able to safely stop their vehicle was due to excessive speed (unsafe speed), then this moves from a gray factor to a black and white issue and becomes citable and indefensible in court.

So, what should you do in this case?

The key factor for me would be determining whether the officer who cited you was a seasoned veteran or a rookie. Visual estimates when allowed by judges are always based on their proven record of accuracy. Also, what court and judge will this be going to is a question. Does the judge have a record of accepting or refusing such evidence.

If you're unsure, I would suggest pleading guilty and taking traffic school. Although it will cost about as much as the ticket, it will not go on your driving record. Being found guilty of any moving violation in California is at least an infraction, and will ALWAYS go on your record unless traffic school is allowed by the judge.

I hope this has answered your question Stephen, and offer my condolences in your situation. I know it wasn't purposeful disrespect of the law or intentionally placing others in harms way. It's one of those mistakes we make that comes back to bite us. Best of luck to you!

Terry