I'm a college student at Fresno State University. I recently received a speedy ticket going home to California for the Thanksgiving holiday. I was pulled over for going 90mph in a 65mph. I explained to the officer that I was not aware of how fast I was going just that I was going with the flow of traffic. I also told him that I was going home to visit family. He told me, "Well, now you have a speeding ticket to take home with you". Do I have any chance in fighting this? If so,how? Thanks.
2006-11-27 08:04:04 · 16 answers · asked by carlos d 1 in Politics & Government ➔ Law Enforcement & Police
Pay the ticket and buy a pair of lighter shoes. I would have tossed your sorry butt in the slammer until Saturday, and then sent you off with the ticket. Idiots who travel almost 50% over the speed limit deserve jail time.
2006-11-27 08:13:11 · answer #1 · answered by Kokopelli 7 · 0⤊ 1⤋
Your only hope in fighting this ticket is to somehow get the judge to disallow the speed evidence against you. Good luck....
The maximum speed in California is 55mph on *ANY* road or highway *unless otherwise posted*. I take you were cited on a section of highway that was signed for 65mph. Therefore the maximum speed allowable is 65mph. The "flow of traffic" defense doesn't apply and doesn't matter much, unfortunately.
You can write to the district attorney in the county or city in which you were cited and get a copy of the officer's ticket and any notes he took on the back of the ticket. You can then find out what method the officer used to determine your speed. (Pacing, radar, laser, etc.)
Then your only hope is to somehow discredit that reading as being unreliable. If he paced you, you try to get the judge to believe his speedometer is inaccurate at that speed. If he used Radar, you attempt to show that the radar unit was used improperly, wasn't calibrated, the officer wasn't properly trained on it, etc. Same with laser.
It's your responsibility as a driver to know how fast you're driving. Telling the judge you "didn't know" isn't going to do much to help your case. If you can't be bothered to look at your speedometer, how can the judge reasonably assume that you're keeping an eye on the situation around you?
Unfortunately, at 90mph, traffic school isn't an option for you in California. Chances are, you're going to end up with this ticket on your record. And, I doubt you'll be able to just pay it through the mail; I'd wager that a court appearance is mandatory.
However, you can still check out "Fight Your Ticket and Win In California" from Nolo Press at the book store or at www.nolo.com . It can't hurt to know more about what you're getting yourself into....
2006-11-27 08:56:39 · answer #2 · answered by BubbaB 4 · 0⤊ 0⤋
90 Miles an hour and you didn't know how fast you were going?
Going with the flow of traffic is not an excuse, neither is going home to your family. The only way you have a chance of fighting this is by lying and saying you were going slower, but if the officer gives good evidence (most likely mobile radar) then you may still be found guilty. If you do decide to fight it you can ask for disclosure from the traffic crown. If you take this info. to a traffic ticket specialist (para-legal type) they may be able to check the officer's notes to see if the radar was tested properly before use etc...
Next time set your cruise control
2006-11-27 10:34:42 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
Speeding is one of those tickets that is hard to beat. Either you were speeding or you weren't, the fact you were traveling with the flow of traffic means nothing. You were still going 90 MPH. You can try to fight it by showing up to court and hoping the officer doesn't show (most officers get paid overtime for showing up) or the paperwork got lost. Both of which will most likely not happen. Maybe there is a defensive driving class you can take instead of the ticket? That is a more realistic option.
2006-11-27 08:11:11 · answer #4 · answered by Adrian 2 · 0⤊ 1⤋
Unfortunately there is no fighting the ticket. You did break the law and ignorance of the law is no excuse. I would pay the ticket and be more aware of the speed. Sorry the cop was not very polite to you.
2006-11-27 08:24:25 · answer #5 · answered by Michael R 3 · 0⤊ 0⤋
No chance what-so-ever. You should just pay that ticket and take the points that come along with it. I'm sorry, but unless there was a pregnant woman next to you in labor, you aren't getting out of that ticket. Good luck.
2006-11-27 08:14:09 · answer #6 · answered by cookie 6 · 0⤊ 0⤋
Don't bother listening to any of the idiots who posted above. He is asking for help, not asking to be made fun of. If you do decide to fight the ticket, you need some kind of evidence when you walk into court. Just walking in and saying your innocent won't get you off the hook. Your best bet is to see if he shows up or not. I would recommend calling the department and trying to see what days he is off of work and scheduling your appointment on those days. Also, if you do decide to go to court, the judge will charge you the maximum fine so just be prepared.
2006-11-27 08:13:42 · answer #7 · answered by John Doe 2 · 0⤊ 1⤋
OMG 90 FRIGGIN' MILES?!!! Do you realize that if you got into a wreck that you, the person or persons you wrecked with/into OMG DUDE!!! pay the friggin ticket you would have better chance peddling ice water in hell then winning in court over a speeding ticket!!! Sorry i don't mean to be rude but...you're DEFINITELY in the wrong.
2006-11-27 08:15:08 · answer #8 · answered by dragonlady042 3 · 0⤊ 0⤋
no...he clocked you 25 miles over the speed limit..if you were only going say 5 or 10 and there was traffic you might have been able to..but unfotunately the law system would win in this case..i suggest just paying for the ticket...
2006-11-27 08:09:12 · answer #9 · answered by southpaw1416 2 · 0⤊ 1⤋
Hmmm, if I were you, I'd be more concerned about what I learned from the experience, i.e. don't drive like an idiot and maybe pay attention to how fast you are going.
I hope it costs you a lot of money. Maybe then it will sink in that you were committing a crime.
2006-11-27 08:14:30 · answer #10 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋