How to get out of a speeding ticket in southern california?
Find answers to your legal question.
How to get out of a speeding ticket in southern california?
|
ok, i just got a speeding ticket doing 80 on a freeway where the speed limit is 65 on the fast lane. I didnt even notice I was speeding because the cars behind me and in front of me where doing the same speed so I was consistant with everyones speed on the freeway. Anyway the patrol car pulled in behind and pulled me over and stating on the ticket as "excessive speed doing 80mph. My question is if there is any chance of winning this case because I feel like I maintaned a steady speed with everyone else and that it would be unsafe to lower my speed as others were right there with me. Do I really have a case here if so what should I do to prove this? Additional Details When you say "hope that the cop doesn't show up in court" are you saying to ask for a court date and pleading not guilty on the paper work that is mailed to me and when my court date arrives plead not guilty if the cop doesnt show?
Im still confused on the process of how to plead initially when i receieve my paperwork to get an opportunity of the cop not showing up to court.
|
|

UCANTCME
 |
The officer is sworn in, takes the stand and testifies to the following
1. He identifies both you and your car
2. He clocked you on radar, you were clocked say at 55 in a 30 mile zone.
3. He tested the radar gun three ways:
He pressed the button for the internal circuit test and it tested ok
He tested it with a 30 mph and 50 mph tuning fork as per manufactures manual and it tested as being accurate
Office Jones drove by his location as a test at 30 MPH and 50 MPH. The radar guns readings agreed with Officer Jones readings on his speedometer
4. He was trained on the use or radar two years ago and recently had a refresher course
The prosecution rests it's case, smiles at you knowing that your goose is cooked
Here are some shortened sample questions to to give you an idea.
Officer, how many radar guns does your department have
How did you determine that this particular certificate is for the tuning forks you used that day
Please present a document showing the serial number of the radar gun you used that day
Please present a document showing that the tuning forks with the serial numbers indicated on this certificate belong to that gun
If you can't present the documents do you have any witnesses that can testify by direct personal knowledge that this certificate does indeed belong to the tuning forks that belong to the radar gun that you used that day
Failing to prove any one will lead to a dismissal or verdict of not guilty.
The Burdon of proof is on the prosecution. |
|

browncat79
 |
No you don't have a case because going with the flow is not a defense. If you go to court, there is always a chance that the cop won't show up and your ticket will be dropped. If he shows, try to get traffic school to get it taken off your record so your insurance rates won't rise. |
|

.
|
80 mph is over the speed limit and unless you were speeding to avoid an accident or some kind of harm, the ticket is justified; you can go to trial and hope that the officer doesn't show up. In that case you will be cleared. No one will buy the defense that it would have been unsafe to lower your speed since there was no legitimate reason to be speeding in the first place. |
|

garrisonbight
|
NOPE... you were doing 15 over so you will have to pay.
I was actually FOLLOWING a highway patrol car once that was NOT showing lights or using it's siren... just on the way for donuts... and got pulled over by a second officer for SPEEDING... |
|

GP_Jeep
 |
Do the right thing. Tell the truth by pleading guilty ( becuause you are) and accept the punishment imposed by the court.
Be an upright citizen and take responsibility for your own actions. |
|

dreynolds699
 |
no you cannot get out of this one sorry and good luck |
|

R P
|
A buddy of mine got a simular ticket. He asked the cop why he was getting a ticket when a bunch of cars are speeding. The cop told him " it's kinda like fishing, there's alotta fish out there. you're the one that's caught." |
|

wah hoo
 |
there is no way to blame the other traffic. The judge will tell you that if everyone else on the block becomes a heroin addict does that make it right for you to do it too. You did the crime, now pay the ticket and get on with your life. |
|

Lisa
|
It's a long shot but your only defense might be the necessity defense if you could prove somehow that it would be more dangerous to drive the speed limit (i.e. other cars might ride your bumper and follow too close). I don't think the judge will go for it though. Just show up and hope the cop is a no show. If he's not there and he never asked for a set-over ahead of time, they usually just dismiss the ticket. If he's there, I would say there is about a 99.5% chance you will lose. They will probably reduce the fine though if you have a good driving record and if this is your first one, you could request diversion like a traffic school class or something. |
|

thud.fan
|
Right after I got out of the Air Force in the last century, I was doing the "flow of traffic" on the 134W out of Glendale, CA in the #1 lane...Lit up...RATS!..Never saw the little bugger...I was just one of the crowd...Had to pull over into the center median...Told the officer my sob story and we told "war" stories for 15 minutes and he still gave me a ticket...The point is if one is exceeding the limit, one can be cited - regardless of how many around us are doing the same thing.
If this is your first moving violation, the court may offer remedial driver's ed as a penance plus cost of the court...If not, it could get expensive...Just make sure you show up in court at the appointed time...If you don't, a warrant can be issued for your arrest - failure to appear...that means jail, bail, vehicle impoundment, late for work, no license/registration renewal, etc, etc, etc.
All the best |
|

Cappo359
 |
You're gonna pay the fine, but keep in mind that in California you can go to traffic school to keep the point off of your license. (as long as you haven't done the traffic school gig in the last 18 months.) That'll at least keep your insurance from going up for the next 3 years. |
|

|
|
|
|
Anti-lock brakes. good or bad? |
| is it better to have abs or not?... |
|
Driving Test Scam? |
A man is convicted on 22 counts of obtaining and attempting to obtain driving licences for other people,he charged up to
£2000 to sit their tests,alowing unqualified drivers on the
road. O... |
|
Ever see car passengers with their feet on the dashboard? |
| I always think to myself that if they got into an accident, they wouldn't be in the best position for safety. What do you think?... |
|
U turn at 4 ways stop? |
| U turn at 4 ways stop is legal?... |
|
Can bike lights be on the rider rather than the bike? |
| Rather than bothering mounting lights on my bike so they get stolen when I forget to remove them, is it legal for me to wear the lights while I ride the bike after dark?... |
|
Why is it they dont want you to talk on your cell phone while pumping gas? |
I dont understand it? Can someone fill me in...BEST ANSWER GETS 10 POINTS! Additional Details Oh so A spark from A cell phone can happen anywhere? Or just around gas?... |
|
Should the government mandate seat belt use? |
| It sounds like a good law,but I still don't like the government telling me what to do either,so I'm on the fence on this particular issue ... |
|
Do you think that Asians are good drivers? |
| In an average I have encontured 5 Asians today and they all are terrible turning, changing lanes, passing, allowing pedestrians the right of way and parking...... |
|
Should I worry about this red light camera that went off? It was yellow when I entered intersection.? |
| I noticed the flash of a red light camera as I was crossing an intersection. The light was definitely yellow when I entered the intersection but turned red when I was already 3/4 across. The light ... |
|
Throwing a penny at a moving vehicle? |
| I threw a penny at my friends car while we were at a stop light. I was not driving. The cop pulled my friend over and gave us both tickets for throwing a substance at a vehicle. It was a MISDEMEANOR!... |
|
What do drivers do that can put you into a road rage ? |
| for me its running the yellow as it is turning red and the duhs that use or dont use their directionals ... |
|
Would you ever let your kids ride unrestrained if you were only going down the road or a short distance? |
| Would you? I've been in cars where parents have allowed there kids to ride unrestrained because they are only going to the shops or somewhere that's a short distance away, ie under 5 miles. ... |
|
How to correctly do a left turn on a 4 way intersection if you were taking the driving test ? |
| i know if its a green arrow you have the right of way but if a green light do you stay behind the crosswalk and when its safe proceed on your turn or can you drive up forward a bit then when safe ... |
|
Is it true you waist more gas when you turn the car on then leaving it on? |
| If anyone knows the answer could u please tell me where u got the answer from....... |
|
Can color blind people get a driver's license? |
i mean since they can't tell a red or green light apart? and i'm not trying to be a smartass, i genuinely want to know.
thank ... |
|
Is it possible for someone to cut one of your brake lines? |
| my car is leaking a clear oily like fluid by the front tire. I am still able to drive, what else could it be??... |
|
Are u aloud to have a little kid with u in the car while your practicing with a person over 21 with permit. ? |
| So i have a permit and i practice driving while my dad who is over 21 apparently and then i have my little brother in the car who is under the age of 18 so is he allowed to come with me while im ... |
|
I had a bad dream last night...? |
| Anyone here drive a red car with a blue sticker in the window... name of John , and you know a girl called Sara..? If so Please check the left front tyre ....( i had a bad dream last night , and at ... |
|
|