Suggestions to fight a speeding ticket?

[kngznut4]

Not sure this is the right forum for this so mods please move if not.

Anyone successfully fight a speeding ticket in CA? I recently got one (my first in 23 years!) for doing 81 in a 65. However, the area I got it was where a major freeway ends and basically turns into a street. Admittedly, I was speeding but not convinced I was doing 81 (he said he got me on radar). The CHP was already pulled over on the side and must've gotten someone else b/c when I saw him, he was getting back into his car, which had the lights flashing still. I was already slowing down because of a red light.

Next thing I know, he's behind me with his lights still on, telling me on his loudspeaker to make a right (I'm in the far left hand lane with opposing turn lane traffic starting to come my way) and pull over. Had the light turned green for the direction I was in, I probably would've been hit by some idiot in the three lanes I was crossing in front of.

Since my ticket is $278, I'm going to try and fight it (via declaration since my written arguments are usually better) but not sure what items I should question. The radar gun? Should I admit I was speeding but not doing 81? I'm not sure of the specifics of the radar gun. Any advice would be appreciated.

P.S. According to my ticket and court info, if I want to fight it in court, I have to show up on the first court date to request another date that allows the CHP officer to show up so the hope that I'll get off if he no shows is out the window.

[M55FF]

In texas you can take a defensive driving class every few years to avoid the speeding charge from going on your record ( and insurance) but it will still cost.

If you can get a mechanic to say work was being done on your transmission ( and have a reciept of it to show in court that your speedometer was not working correctly) , you can maybe beat the charge but most mechanics wouldn't do that for anyone but a relative.

I used to be able to shed a tear and the cop would let me go but I'm getting older now so I dont press my luck and just drive in the speed limit. Getting old has disadvantages

[mombottoo]

I have never gotten a speeding ticket anywhere, but I did find a website that might help answer some of your questions...

http://www.nolo.com/article.cfm/pg/1...E/104/263/ART/

There is a link on the page that talks about requesting calibration records...pretty interesting. Just curious do you have any idea how fast you were actually going?

[M55FF]

I got out of one a long time ago because when I went to court, the judge wanted me to sign a paper admitting guilt and there was a blank for the charge.
I refused to sign my name where they could add any charge to it later and he said that was a very good point and dismissed my ticket.

It was too bad because I had a letter and bill from my mechanic friend to say my odometer was broken. All that hassle for nothing.

[Athena31]

You should have asked to see the display on the radar. Best bet is to go to court and hope the cop doesn't show. Otherwise it is really up to the judge. More than likely though since it is your first ticket in 23 years you can just go to the defensive driving class and work it out that way. Good Luck!

[AmyMCGS]

My DH is a cop. He has had people ask to see his radar unit or ask about callibration... it doesn't matter, because everything is done by the book, and the tickets still stand.

My husband always tells people that he can see them way before they see him. I thought he was full of it until I rode along, and he showed me-- it's true! The radar unit picks up people far away, and sitting still you can see people well before they see you while they're moving.

Other than your feeling that you weren't quite doing 81, I don't know what basis you'd fight the ticket on. My guess is that the radar unit inside his car locks in and triggers on vehicles going over a certain speed whether he's sitting right there or standing outside his car... so I'm not sure there's anything to argue there. There's also a good chance that the traffic stop was videotaped from the time he activated his lights (or re-activated them, since you said they were on already) until the time you left.

These are just my opinions, no offense meant at all! It's your right to fight the ticket if you feel it's unjust.

[annymoll]

I would pay the ticket. I'm kinda funny that way.If I know I am speeding, but don't know what speed I am going, how can I argue with an officer who has me clocked and does know how fast I am going?

[pip]

I know someone who has received speeding tickets and she shows up in court and sometimes the cop doesn't and it's dismissed. That's what she has told me, anyway.

[stinkbug]

I'd probably just pay the ticket since you admitted you were speeding....does it really matter how much over the limit? And, I can't imagine anyone suggesting lieing/cheating in court to beat a ticket...that's just wrong. (and to get a third person involved??) I mean.....thinking the ticket is unjust is one thing, but do two wrongs make a right? JMO....

[yankeegal]

What about admitting to the speeding and putting your past good driving record out there and maybe asking for a reduction in the fee? Just a thought.

[PB&J]

Take it to a lawyer and see if they can help you. If you just pay the ticket it is going to cause your car insurance to go up a lot. My sisters monthly payment DOUBLED when she got a ticket and just paid it. My mom got a ticket and took it to a lawyer, she still had to pay the ticket plus $50 to the lawyer, but it ended up being cheaper in the long run because her insurance didn't go up at all.

If you decide to take it to court and the cop does show up, then you will have to pay the ticket, plus all court costs and your insurance will still go up. My husband is a cop and most cops do not have a problem at all with going to court and are glad to do it.

[starsapphire]

If I were you I'd pay the ticket and go to traffic school. You can go to traffic school once every 18 months in Cali. That way you don't get a point on your record and your insurance won't go up. If you take it to trial and lose, you'll get the point on your record and still pay the fine. Then, if you get another speeding ticket within the next 3 years you'll have 2 points and your car insurance will go way up. But thats me, you do whatever you need to do.

[Jskell911]

Ironically, I just got my first ever speeding ticket today. The cop suggested that I go to court to have it dismissed due to my clean driving record. All I will need is a certified copy of my driving record.