Speeding ticket advice - Southern California?
Okay, I did a trial by written declaration, which the Judge probably didn't even read, and instead just checked off "Guilty" and moved on. Now I filled for a trial de novo, so I'm trying to prepare for my court date. The stupid thing about the ticket is that the exact charge on my court documents is section a of the maximum speed law which says that no vehicle shall travel faster than 65mph. The cop who ticketed me was doing at least 70 although most likely 75 and traffic was going the same speed as the officer. Can I in this case plead that my speed was safe for conditions. Isn't there a loop hole or something that if a cop breaks the law and lets others do the same, that he cannot just pick out some person randomly and ticket them. I was going faster than traffic, but not by more than 5-6mph, which is safe from a logical standpoint, however maybe not as far as the @sshole judge cares, he needs more money to pay for his third Porsche. Could I argue that it must have been safe to go faster because the officer was doing the same, and that once you are above 65mph, there is not set speed limit above that, "whatever speed is safe for conditions" is a huge gray area, and I could argue that my speed falls into that category. First of all, the speeding part... its California everyone speeds, the commonly agreed upon speed is 80mph, that is the standard speed EVERYONE does if traffic permits. I was doing 85mph. Traffic was going at 75-80mph. As far as endangering others, maybe I'm just crazy but according to my screwed up logic, I'm not endangering people, just because I'm going fast enough to pass people and because I change lanes with enough room that I don't cut anyone off and if I use my turn signals each time and if I change lanes slowly, making sure that the drivers behind me see me before I get completely into the next lane. Just because I drive better than some Asian doesn't mean I'm a bad driver. If the cop can drive like that "safely" whos to say that no citizen will ever be that good. you want proof that I'm a good driver... here it is... I have zero accidents, despite my alleged "aggressive" driving. Although the Judge will laugh at all that and move on, but then again we can't all be reasonable people... we need @sshles too to sit on chairs way the hell up, so they can look down at the common folk and be called "Your Honor" end rant. If I just plead guilty from the start, does that still give me the ability to ask for traffic school. I'd settle for traffic school if I knew I would get it.
Public Comments
- I got a ticket in Cali one time. The cop asked me why I was going so fast and I said that I was trying to get to Seattle and California is f***king huge! He then asked me "Can I see your license"? And I said "I don't know, can I wear your hat"? I didn't get out of the ticket.
- If you argue your case by using the officers driving to validate your own the judge (any judge) will dismiss your argument out of hand. Officers of the law have special dispensation to drive at whatever speed and ignore whatever traffic laws are needed to pursue the violator because of hours of intensive training for just that purpose. Your other argument about only going 5 miles faster than the other traffic won't work either. If the "safe speed for conditions" was determined to be 65 by some overly educated engineer and everyone was doing the max "safe" speed then you were endangering lives by going faster that that regardless of the relative difference. The only angle you can attack this from is to prove that the speed you were traveling was indeed "safe" for you and all the other drivers around you. This will be very difficult indeed and will require a huge amount of your time and some very detailed engineering information about the vehicle and the road surface. Basically you have to bury the judge in technical details until he is so bored that he will concede your point even if it is wrong. By the way, the officer did not pick you out randomly, you were passing all the other cars on the road and stuck out like a sore thumb. Please slow down. I don't care if you go out in the back roads and speed like hell and kill yourself but when you are in the middle of a bunch of other people please respect their right to live safely. good luck with your court battle. If it was me I would pay the ticket and ask for traffic school to get it off the record.
- you want advice...?? DON'T SPEED..... or get caught speeding.
- it wasn't the brightest idea you've ever had right.
- While you can use "it was safe for the conditions" to justify exceeding a prima facie speed limit under California's basic speed law, it is unlawful to exceed the MAXIMUM speed limit no matter how safe it is. "Everybody else was exceeding the maximum speed limit" is not a defense. "The officer was exceeding the maximum speed limit" is not a defense. If you show up and just ask for traffic school, the odds are good you will get it. If you go to trial, you will lose, since you have no defense (which is probably why you lost the trial by declaration), and decrease your chances of traffic school. If you go in with the attitude that the judge is going to ignore the law (and with the silly idea tha that the judge gets the fine), then you will be convicted and you will NOT get traffic school.
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