Getting a speeding ticket can be frustrating, especially if you believe you were driving safely and were not endangering others.
However, challenging a speeding ticket can be a complex process, and hiring an experienced traffic attorney to help you navigate the legal system is essential. Typically, guilt or innocence has little to do with the outcome of a traffic court case. The most significant factor is often the defense strategy, depending on the circumstances of the stop.
Here are three ways to challenge a speeding ticket with a traffic attorney.
Speeding Defense Strategy #1: Dispute the LEO's Personal Opinion
Sometimes, law enforcement officers (LEOs) issue speeding tickets based on their personal opinion that you were driving too fast for conditions. In fact, many traffic court judges will allow a seasoned officer to estimate (guess) your speed. However, disputing the officer's opinion can challenge this subjective assessment.
California’s basic speed law is CA Vehicle Code (CVC) Section 22350, Speed Laws. 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.”
Your attorney can argue that the officer had a biased view of the situation, and there was no evidence that your speed was unreasonable or imprudent, given the conditions. The traffic attorney, who has probably spent many hours in the judge’s courtroom and heard many rulings, needs to raise the level of “reasonable doubt.”
That might prove straightforward if it was a clear day with minimal traffic and no road construction. However, you should know that VC 22350 is one of the few speeding codes that allows you to legally speed if your driving was reasonable under the circumstances. Otherwise, all the officer has to do is prove you were going over the speed limit.
#2: Dispute the LEO's Presented Evidence
Another way to challenge a speeding ticket is to dispute the evidence presented by the officer, such as using a speed measuring device like RADAR or LIDAR. Your attorney can argue that the equipment was not calibrated correctly or recently, or the officer did not use it properly, leading to an inaccurate reading of your speed. The traffic attorney can subpoena the calibrations and training records of the issuing officer to strengthen their assertion or argue more technicalities.
#3: Your Speeding Was Necessary to Prevent Harm to You & Your Passengers (Defense of Necessity)
In some cases, speeding may be necessary to prevent harm to yourself and your passengers. For example, if another driver exhibited road rage or drove aggressively, you may have had to speed to get your family safely away from or avoid a dangerous situation. Your attorney can argue that you were taking necessary actions to protect yourself and your passengers, and therefore, your speeding was justified.
In conclusion, challenging a speeding ticket is a complicated process that requires legal expertise and experience. By hiring a traffic attorney, you and they can explore various strategies that apply to your case and the circumstances. If you have received a speeding ticket and want to fight it, don't hesitate to consult with a traffic attorney today.
If you pay the fine for speeding, whether it’s $238 for 1-15 mph over, $360 for 16-24 mph over, or $490 for 25 mph or more over the limit up to 99 mph, it will only be about 25% of the total cost.
Once the DMV receives notification of your paid fine, they will assess one negligent operator treatment system (NOTS) point, which will remain on your motor vehicle driving record for three years. When your insurance company discover this, they will take away your “good driver’s discount” of 20% and add the inherent risk, typically 10 to 22%, depending on your speed.
Don’t just pay the fine, fork over the fine amount and the increased insurance premiums, nearly $2,000 over the next three years—ask Bigger & Harman for an initial consultation to determine a defense strategy based on the situation.
Consult with Bigger & Harman, APC. in Needles Traffic Court in San Bernardino County, CA
When you receive a speeding ticket on Highway 40 or around Needles Traffic Court in San Bernardino County, CA, you need a knowledgeable and experienced traffic attorney.
Se habla Español (661) 349-9755.
CVC Section 22350, Speed Laws.