Q: I got a speeding ticket. The officer said I was going too fast above the speed limit. I think he’s wrong. How can I fight this?
G.R., Tarzana
A: Research shows two basic Vehicle Code sections in California with regard to a speeding violation: V.C. 22349 prohibits driving on a highway above 65 mph (this is the speed that applies unless the posted limit is different, such as 55 or 70 mph). The next statute, V.C. 22350, sets forth that no one shall drive a vehicle on a highway at a speed greater than is reasonable or prudent under the existing conditions, including weather, traffic flow and visibility. Thus, an initial question arises: Which vehicle code section are you accused of violating?
There are a number of other issues that come to mind: Are there any witnesses to support your position? Also, what type of testing did the officer employ? Radar? Laser? Was he pacing you? Was it simply a visual estimate? Note that different strategies arise depending upon what type of evidence the officer relies upon.
In addition, what does the citation say? Is it accurate and complete, such as with regard to weather and traffic flow, or does it have any misinformation or defect?
Bottom line, to fight a speeding ticket you plead not guilty. You can do so in person on the date scheduled for your initial appearance, or you may be able to call the court before and request a court trial or a trial by written declaration. You likely will have to pay the bail up front (should you win, you then get it back in time). As with any court trial, you want to be able to credibly refute the accusations against you.
I encourage you to consult with a qualified expert on how best to proceed. The ticket can be expensive and may adversely affect your driving record, as well as your insurance premium.
Q: If I am going with the flow of traffic and it turns out to be above the speed limit, can I still be ticketed?
R.M., Manhattan Beach
A: The maximum speed limit law provides that you cannot exceed the posted speed limit. This is true even if you go with the traffic flow, or should you be passing someone, because the law’s intent is to avoid putting others at risk of potential harm by people driving faster than permitted.
Online resource
Go to this link, part of the court’s self-help website and click “traffic violators”: lacourt.org/selfhelp/selfhelp.aspx. You will find a variety of important topics.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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