Contesting a speeding ticket is not always the smartest decision. However, without consulting a traffic attorney, you won’t know whether it is.
When you are eligible to mask your speeding conviction by attending traffic violator’s school (TVS), that might be your smartest choice, but if you have another ticket pending, it is likely a waste of time and money.
Likewise, there are many reasons you might NOT be eligible to keep your minor traffic ticket confidential through pleading guilty and attending TVS:
- If you’ve already used TVS for a traffic ticket during the past 18 months, you can’t use it again.
- If you were driving a commercial vehicle when you were ticketed.
- You have multiple tickets.
- You don’t have a valid CA driver’s license.
- Your ticket has a mandatory court appearance, is a misdemeanor or felony, or is alcohol or drug-related.
- You are a commercial driver in a private vehicle who can avoid the point with traffic school, but your conviction will not stay confidential.
There are many other reasons you may not want to use TVS. You should always discuss attendance with an attorney to possibly save time and money.
Contesting a speeding ticket in California can feel like a giant puzzle. But don’t worry; we’re here to help you subpoena evidence and put the pieces together.
What Is Speeding
CA Vehicle Code (CVC) Section 22350, Speed Laws, is the “Basic Speed Law.”
It states:
“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
How does a law enforcement officer (LEO) determine you were speeding? They could use speed measuring devices like Radar or Lidar, follow you and match their speed to yours (called "pacing"), or guess based on what they see.
We can check how they determined your speed, find mistakes or things they missed, or subpoena calibration records and LEO training records. For example, a judge might allow a seasoned LEO to guess your speed in bad weather when it would be too dangerous to pace you.
Likewise, Radar or Lidar might not be accurate in bad weather or when it has not been calibrated recently.
What Is Reasonable and Prudent
When you contest a speeding ticket, the judge has the final say on whether your speed was “reasonable and prudent” for the situation. It's not a matter of your word against that of the police officer.
In fact, a knowledgeable and experienced attorney will request you not to testify. It is your right to testify. But oftentimes the danger of self-incrimination is too great for it to be a smart risk.
The judge listens to the details and then decides based on the standard of “reasonable doubt.” The judge can only legally find you “guilty beyond a reasonable doubt.” And we know how to talk to judges and help them see things from your point of view to raise the level of doubt.
Consult a Traffic Attorney to Contest a Speeding Ticket
Working with an attorney to contest a speeding ticket is a smart move. Our firm’s speeding ticket defenders have the experience and knowledge gained from thousands of traffic court cases.
We will do what we can within the rules to get your ticket reduced or dismissed. We work to make things easy for you to understand and guide you every step of the way, with no legal lingo during our discussions with you. We’ll save the legal jargon for the courtroom.
We’ll Help You Make Your Case to Contest a Speeding Ticket
When you decide to contest a speeding ticket, there are certain things that can really help your case:
- Check the facts: Were you speeding, or was the Radar or Lidar faulty? Were there signs? Was your speed “reasonable and prudent,” given the clear weather and little traffic?
- Knowledge of the law: Is your case winnable? Guilt or innocence has very little to do with winning sometimes. Is TVS an option?
- Get the help you need: An experienced and knowledgeable traffic attorney has likely sat through a court session similar to yours with the judge who will hear your case.
- Stay calm: Tell your story simply and honestly whether you’re talking to us or a judge.
When you contest a speeding ticket in CA, it's helpful to understand the basic speed law and know that a judge decides what's “reasonable and prudent” based on facts.
Remember that an attorney can be your guide and ally through it all.
We have an experienced team of legal professionals, we fight for you with clear, simple steps and always keep you in the loop.
So, if you or someone you know gets a speeding ticket, give us a call. We're here to help, even when that means recommending you attend TVS rather than contest your speeding ticket.
Ask a Central Valley Traffic Attorney How to Contest Your Speeding Ticket in a Tulare County Courthouse Effectively
Consult with a speeding attorney about possibly contesting your speeding ticket in Porterville or Visalia Courthouse in Tulare County, CA.
Call Bigger & Harman, APC, at (661) 349-9300. Or, use our convenient contact form or email us at attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
The CA Driver Handbook English y Español.
CVC Section 22350, Speed Laws.