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Can I Fight My Speeding Ticket and Avoid Going to Court?

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Knowing the right strategy and presenting it correctly to a traffic court judge can help you dispute a speeding ticket successfully. To do that yourself, you would have to know the CA Vehicle Code, know which elements of the law are missing that proves your innocence or raises a “reasonable doubt,” and be able to confidently present your case in front of a courtroom full of people. Many of us are not able to do that.

Know Your Limitations & When it is Wise to Hire a Speeding Ticket Lawyer

Wouldn’t you love to be able to retile your bathroom with bright new tiles and get the lines to match perfectly? Well, not all of us can do that. It takes years of watching and learning. There are subtle techniques for cutting tiles and mixing the grout to just the right consistency. That’s why we hire a professional tile layer. 

It works the same way with a speeding ticket. A traffic law professional spends years studying law and then studying to pass the bar. They spend hours upon hours in traffic courts listening to traffic disputes, not just their clients but many others as well. They know how a particular judge typically rules on specific requests, and which they will immediately reject.

Things that Can Get a Speeding Ticket Dismissed 

A lawyer that specializes in traffic law knows the personnel who work in the Ridgecrest Traffic Court. They know which law enforcement officers (LEOs) appear in court, how many years they’ve been working traffic, when they’ll retire, or get transferred. Did you know that if the ticketing officer does not show up for court, your ticket normally gets dismissed? You have a Constitutional right to face your accuser.

There could be technicalities to dismiss, depending on the method used to determine your speed. If Radar or Lidar was used, the LEO must have adequate training on the device, and the equipment must have been recently calibrated. That’s one of the first things an experienced traffic attorney will check. Some judges will even allow a seasoned and experienced LEO to guess your speed.

Every section of the CA Vehicle Code (CVC) has elements that must be proven by the state. The burden of proof “beyond a reasonable doubt” is always the standard and invariably belongs to the accuser. 

Take, for instance, CVC 22350, Speed Laws, which is the basic speed law. It states, no one will drive “…at a speed greater than is reasonable or prudent having due regard for weather, visibility… The LEO could give you a speeding ticket for going less than the posted speed limit due to reduced visibility from the fog. However, the state must prove that you were driving too fast, given the conditions. A knowledgeable attorney might argue that your speed, five mph below the speed limit, was “reasonable and prudent.” 

All the attorney has to do is raise a reasonable doubt; that’s the standard. The traffic attorney, knowing the LEO has been on the force less than two years, might ask, “In your experience, what would have been a prudent speed for those conditions? Wouldn’t my client reducing their speed five mph below the speed limit have been prudent? How much experience did you say you have on traffic patrol?” 

Often, the officer’s opinion is subjective, and an experienced lawyer can raise doubt about an inexperienced LEO’s interpretation of the code. You might not always win, but hiring an experienced traffic attorney gives you a 100% better chance than you have by paying the fine. 

You only get four things from paying the fine, a guilty plea, Negligent Operator Treatment System (NOTS) points, less money, and a higher auto insurance premium! The typical Californian pays an average of $1,500 more over the three years the conviction will stay on their record.

Hire a Speeding Ticket Lawyer to Handle Your Ridgecrest Traffic Ticket 

Although Bigger & Harman hang their hats at their office in nearby Bakersfield, they have represented many speeding ticket clients in Ridgecrest Traffic Court. 

We are Kern County traffic ticket attorneys. Call (661) 349-9300 or email us attorney@biggerharmanlaw.com to discuss your speeding ticket circumstances. We’re here for you and offer a flat fee to resolve your traffic ticket. 

Se habla Español (661) 349-9755.

References:

The DMV Portal

CVC 22350, Speed Laws