Ticket for Speeding in a "School Zone"

**AngiLaLa1** · 07-07-2011, 11:23 AM

My question involves a speeding ticket from the State of: California

I got a speeding ticket for going 40MPH in a school zone. The speed limit on the road is 40MPH and, obviously, 25MPH when children are present. I left my house at 7:30 that Wednesday morning and the area I was pulled over is anywhere from 3-5minutes from my house. So the cop pulled me over around 7:35AM. First of all he was rude and wouldn't even let me speak. He asked me what the speed limit was in a school zone and I said "25MPH when chil.." and he interrupted me with "you were going 40!" So trying to talk to this man was impossible. He wrote my ticket and documented the time for 7:40. In the description he put "sunny weather, school traffic." However, when he pulled me over, I was not only the only car on the road, there were no children in the area. The schools website and student booklet states that no child is to arrive to the school before 7:50AM due to no supervision at the school. So if the school says they should not arrive before 7:50 and I was going the normal speed limit when no children are present, why do I get a $490 fine for this? I am fighting this ticket and I just wanted some information and advice when I present my case. I have a copy of the schools information booklet as well as printed maps to show how long it took to get from my home to the place I was pulled over to show that it was not 7:40 like he wrote on the ticket. Anything else I should bring to this? Or does anyone think I have a legit case?

**JRaymond** · 07-07-2011, 12:55 PM

Was there any signs with times listed that the "school zone speed" is enforced? If not, I think you may have a defense. Also, isn't school out?

**AngiLaLa1** · 07-07-2011, 01:12 PM

The sign does not state a time and neither does the california vehicle code. I got the ticket back in march so school was in at the time... Court date is July 11th

**JRaymond** · 07-07-2011, 01:59 PM

"When driving within 500 to 1,000 feet of a school while children are outside or crossing the street, the speed limit is 25 mph unless otherwise posted."

So if what you say is correct, you have a case. I would bring all the info you have about kids not allowed to arrive before 7:50. I think here it will all depend on the judge. Good luck!

**antrc170** · 07-07-2011, 02:09 PM

Although you can present your defenses I have doubts that they will work. It is not unreasonable to expect that children walking to school would be walking in the vicinity in the ten to fifteen minutes prior to the school accepting children. Also keep in mind that although the school does not provide supervision for children before 7:50am, it does not prohibit children from being in the area.

**AngiLaLa1** · 07-07-2011, 02:32 PM

I guess then it comes down to his word against mine. I am aware that kids can arrive to school before that time. However, there was nobody around. There was one car that drove passed as I was getting pulled over and they did not even go to the school. So, school traffic (as he noted on the ticket) started to arrive after I was pulled over and he was back in his car writing the ticket.