There are many myths about speeding tickets.
It's time to separate fact from fiction regarding these myths. In this blog post, we will clarify the issues and dispel the myths. Our ten years of experience and knowledge in the traffic law field allow us to debunk these myths and provide insight and support.
Myth #1 — You Cannot Dispute a Speeding Ticket in Court
The truth is you can dispute any ticket in court — it’s your right. Some would say you have an obligation to other drivers to dispute it.
The best course of action when issued any traffic ticket is to consult a traffic attorney. If you are eligible for traffic violator school (TVS), the traffic attorney could very well advise you to accept attendance to keep your ticket confidential if you meet the eligibility requirements and it makes economic sense. Or he may go over your situation with that violation and the particular court you were charged in and say that it’s likely a full dismissal or negotiated non-point that won’t affect your insurance could be obtained.
However, there are many circumstances where it does not make sense financially, or you are not eligible to attend TVS.
- When you were driving a commercial motor vehicle, you are not eligible.
- You don’t have a valid CA driver’s license.
- You were ticketed for speeding over 100 mph (a major infraction), a misdemeanor, or felony, including drug or alcohol-related violations.
- You already used TVS (traffic violator school) to mask a ticket.
- It was a “fixit” or correctable ticket.
These are only a few of the circumstances. Always consult a traffic attorney before accepting TVS to save time and money possibly. Plus, you must complete the course so that the DMV gets the certificate of completion before the court-ordered date.
Myth #2 — Your Speeding Ticket Will be Dismissed If the Ticketing Officer Does Not Show up in Court
This is mostly true. In CA, the LEO who issued the ticket must appear for your trial but not your arraignment. If no one asks the judge for dismissal, they might not dismiss it. You have a constitutional right to face your accuser.
Likewise, hoping the LEO doesn’t show up is not much of a defense.
That’s why it’s wise to have a traffic attorney represent you. They know many of the LEOs and whether they show up for court. If they’re not there, they know to request a dismissal. And when they appear, the attorney can question their point of view and raise the level of “reasonable doubt.”
Typically, the judge will take the LEO’s word over yours if you are not represented by an attorney because they think the LEO has no reason to lie, whereas your testimony could be biased because you don’t want to have to pay the fine and increased insurance.
Myth #3 — If You Receive a Speeding Ticket Outside Your Home State, You Can Ignore It
Don’t do it! The Driver License Compact (DLC), an agreement amongst US states, mandates the DMV in the state ticketed notify the driver’s home state of failures to appear and traffic convictions in their state.
The CA DMV will assess negligent operator treatment system (NOTS) points for that conviction or paid ticket under a similar violation. They have the authority to put your vehicle registration and driver’s license on hold until you resolve the traffic ticket from another state.
Myth #4 — Clerical Errors & Misspelled Names Will Be Thrown Out
In many cases this is FALSE. Say the law enforcement officer (LEO) misspells your name or cites you under the wrong CA Vehicle Code (CVC). Your ticket will NOT automatically be dismissed, usually.
Minor technical errors on the ticket do not usually result in a dismissal. If your name is spelled wrong, you might get lucky if you pay the fine and the DMV files it in the wrong motor vehicle driving record (MVR). Your insurance company might never see it. But most of the time the court will still send the conviction to the right place.
If the officer puts the wrong vehicle code on the ticket, sometimes they will file a correction with the court. Other times, your case will go all through the system and at the final court appearance, the officer may tell the judge he wants to change the code. The Judge may very well allow it, even though legally if challenged, the judge should rule against it. But if the wrong code was entered there is also a very good chance that the case could be dismissed at the arraignment date with a motion called a “demurrer.”
Some drivers believe signing a traffic ticket is an admission of guilt. That is FALSE! When you sign a traffic ticket, it is a “release upon promise to appear.” When you sign, you promise the people of CA that you will resolve your ticket or appear in court. If you don’t sign, you will force the officer to take you in until you can secure release by paying bail.
When you have a question about a speeding ticket or any traffic ticket, don’t believe everything you hear; consult a traffic attorney.
Consult Bigger & Harman About Resolving a Speeding Ticket in Kings County, CA
By engaging with a seasoned traffic attorney, drivers open the possibility of having charges reduced or even dismissed. We're here to guide you through each step, ensuring your case is not just another statistic.
Let us empower you with knowledge and champion your cause – because when it comes to legal hurdles, you deserve someone fighting in your corner who speaks the language of the law fluently and will provide you with straightforward answers.
When you have a speeding ticket pending in Hanford Courthouse in Kings County, CA, for straightforward advice and counsel, call Bigger & Harman, APC, at (661) 349-9300. Or, use our convenient contact form or email us at email@example.com.
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CVC Section 22107, Turning and Stopping and Turning Signals.