California's Traffic Law fines for speeding have exceeded common sense.
Millions of dollars are collected in value added fines for violating vehicle
traffic laws, supporting over eighty state and local funds. And, excessive
speed is many times the inaccurate judgment of a law enforcement officer
(LEO). What is the prudent speed for conditions? If you were not exceeding
the posted speed limit, how fast should you have been going?
Speeding Ticket for Excessive Speed
The speed violations final costs are outrageous. One to fifteen mph over
the speed limit starts from a base fine of $35 with added assessments
is around $235, sixteen to twenty-five mph starts from a $70 base fine
to $360 in costs, and twenty-six mph starts from a $100 fine to $480 in
costs. Additionally, if you were convicted of speeding over 100 mph, you
could pay between $900 and $2600. The financial bump over the base fines
is the result of ten or more added surcharges, assessments, and penalties.
These added charges are used for such projects as supporting the
Abandoned Watercraft Abatement Fund to supporting the
Domestic Violence Programs Special Fund.
Excessive Speed Under California Law
The state traffic law statute, CA Vehicle Code (CVC) 22350 (2017), vaguely
defines excessive speed as “greater than is reasonable or prudent
having due regard for weather, visibility, the traffic… in no event
at a speed which endangers the safety of persons or property.” The
fines, surcharges, and assessments are presumably an interpretation of
the traffic speed laws. However, there is no question that politicians
lack the will, nor are they significantly pressured by lobbyists to stop
using the traffic laws to raise money for state and local funds. The surcharges,
assessments, and penalties are charged to fulfill these political “pet”
projects. Likely, CA residents would not support direct taxation to pay
for all these expenses; however, these assessments have the same effect
as an increase in taxes.
Speed Traps (Entrapment)
When a LEO states he saw you pass a point on the highway and clocked you
to another point on the highway to determine you were speeding or used
an aircraft to determine it took you a certain amount of time go from
point A to point B, without the assistance of Radar, Lidar (a laser device),
or a pacing car, you may have been illegally ticketed.
Using a measured distance and a human hand to start and stop a clock, leaves
too much to human error especially across a short distance. Furthermore,
aerial surveillance is a violation of the speed trap laws because from
the air a white vehicle is just a white vehicle and mistaken identity
happens far too often to use this method as a legitimate means of identifying
speeders on our freeways.
A backlash is now brewing to fight the costs of speeding tickets that are
being written to support the enforcement of the traffic laws. Also, the
state legislature has passed legislation to stop entrapment by the police
arresting drivers, and as of 1 July 2017, it is now unlawful for the courts
or the DMV to suspend your driver’s license (DL) due to unpaid tickets.
However, it is not retroactive. Therefore, if you have already had your
DL suspended because of unpaid tickets or face a current charge of excessive
speed, you should consult with an attorney.
Hire a Local Traffic Attorney
Excessive speed is quite often a law enforcement officer’s judgment
and entrapment is illegal. Call Bigger & Harman when you receive a
ticket in Central Valley, including Kern, Fresno, Kings, Tulare, Mono,
and others. Bigger & Harman has an excellent reputation with traffic
court judges in Delano, Visalia, Bishop, Lamont, LA, and Santa Clarita.
Call Bigger & Harman today, 661-349-9300. Or, send an email:
email@example.com. For confidential and convenient appointment set up, use their website
You can even contact them on their
En español, llame al 661-349-9755.