The last thing you want if you already have a few scars on your CA motor vehicle driving record (MVR) is a speeding ticket conviction. Always consult a CA traffic attorney immediately before deciding on a recourse for paying the fine.
The CA DMV negligent operator treatment system (NOTS) is very rigid. Four NOTS points within one year is a small amount of leeway, as is six within 24 months or eight within 36. The CA driver who exceeds those limits will receive a “Notice of Suspension/Probation” from the DMV.
That suspension, if not successfully defended at a DMV NOTS hearing, which you must request within ten days of the mailing, will result in a six-month suspension with a simultaneous probation period of 12 months.
Any violations or at fault accidents will result in more severe penalties, such as higher fines, lengthier driving suspensions, higher insurance premiums, or even a license revocation.
CA drivers should treat every traffic ticket as if it is crucial to their budget and defend against a speeding ticket conviction. But how do you do that? The following are some tried and true methods we’ve used as traffic ticket defenders for more than 20,000 CA tickets.
Some Other Guy/Gal Did It
Of course, it’s a little more complicated than that. The law enforcement officer (LEO) could frequently pull over the wrong white Toyota Camry. It happens. The LEO, positioned five miles back clocks a white Toyota Camry going 102 mph and radios ahead to another LEO posted further up SR-99, and they pull over the wrong Camry.
Next thing you know, you’re hiring an attorney to protect you from a major infraction at a mandatory court date that could result in a fine of $900 to $2,500 if you don’t “lawyer up” to defend against a speeding ticket conviction.
No Prima Facie Speed Limit Posted (generally 55, 65, or 70)
This could be a crucial defense. When maximum limit applies, the state must prove beyond a “reasonable doubt” that the driver’s speed was not excessive or dangerous, given the conditions.
CA Vehicle Code (CVC) Section 22350, Speed Laws, is the basic speed law in CA and could be used to protect against a speeding ticket conviction. Let’s say you are driving 80 mph on a wide, empty desert road on a bright, sunny Sunday afternoon when you see the flashing lights and hear the siren of California’s finest.
“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.”—CVC 22350.
A knowledgeable traffic attorney could argue to the judge, "my client’s speed was reasonable given the conditions.”
The RADAR/LIDAR Was Wrong
Many drivers do not realize that RADAR guns that have not been calibrated recently could be inaccurate. Granted, this is rare, but particularly during inclement weather, a RADAR/LIDAR speeding measuring device could capture the speed of the wrong vehicle.
Typically, there are inaccuracies when these devices haven’t been properly calibrated, or the LEO wielding the device wasn’t properly trained.
A knowledgeable and experienced traffic attorney can subpoena state records that show calibration and training dates. Plus, we know what’s legally adequate.
The Speeding Was Necessary
It could be justified when your speed was necessary due to an emergency or to escape a road rage incident. Not all judges will accept this if it is not part of the police report. This defense is something you should discuss with a traffic attorney if that’s how it occurred.
Your GPS or Dash Cam Video Could Prevent a Speeding Ticket Conviction
In this age of technology, your vehicle’s GPS device or dash cam video could be used to avoid a speeding ticket conviction, depending on the judge. Bigger & Harman are familiar with the judges in Bakersfield, and can offer this defense when practical.
Consult Bigger & Harman to Possible Avoid a Speeding Ticket Conviction in Bakersfield Courthouse in Kern County, CA
To prevent a speeding ticket conviction in Bakersfield Traffic Court, you need Bigger & Harman, APC. Give us a call at (661) 349-9300. Se habla Español (661) 349-9755.
CVC Section 22350, Speed Laws.
The Bankrate.com article, Average cost of car insurance in CA for 2023.
The CA DMV Portal.