How to Fight an Unfair Speeding Ticket

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1. Junior Member
Join Date
May 2012
Posts
1

How to Fight an Unfair Speeding Ticket

My question involves a traffic ticket from the state of: CA

Last night I received a speeding ticket (22350). I was at a down hill slope going 51mph at a 45mph area. It was around midnight so there were no cars or people on the street. The road conditions were fine due the nice weather we've been having.

While going down the hill, there was only one other car next to me which was going faster than I. We both stopped at a red light but that person made a right, escaping the police car that was parked in the gas station RIGHT in front of the red light we were stopped at. Once the red light turned green and I continued driving, the cop flashed at me and I pulled over.

The cop told me that I was speeding. He showed me that I was going 55mph on his laser. He didn't even ask any questions and just wrote me a ticket.

On my ticket however, he wrote that the area is a 40mph zone WHEN IT CLEARLY IS NOT. It is 45 mph zone and he made it seem like I was speed racing 15mph faster than the speed limit. He even said so himself that i was going 55 on a 45. NOT 40. I don't understand why he wrote 40 on the ticket then.

Anyway, I feel like this is really unfair because there was a car going faster next to me and I lucked out because the other car made a right and got away.
My driving was safe, although it was a little over the limit, but DEF. NOT 55mph. I feel like he caught the other driver's speed and just slapped me with the ticket because I drove past him.

2. Senior Member
Join Date
Sep 2005
Location
California
Posts
65,006

Re: How to Fight an Unfair Speeding Ticket

There will be speed limit signs for the area in which you were ticketed. If those signs indicate a speed limit of 45 MPH, you can document that fact to the court (photographs are a good idea) so as to establish that you were in fact driving 55 in a 45, not 55 in a 40. You are free to also argue that the officer's laser reading was wrong, using discovery to obtain the relevant records.

I think the argument that he clocked some other car then chose to ticket you, and about two bucks, will get you a cup of coffee, but that's about it.

3. Senior Member
Join Date
Apr 2011
Posts
380

Re: How to Fight an Unfair Speeding Ticket

LIDAR is known to add on speed from lengthy distances.

Also, are you sure he wasn't situated in a 40 zone? It is possible to aim a LIDAR device into a higher speed limit, while waiting in a lower speed limit, then writing you as if you were in the lower speed limit the entire time. It happens. What is the distance? In CA, they normally seem to be within a reasonable range (under 1000ft.)

4. Senior Member
Join Date
Mar 2009
Location
LA LA Land
Posts
7,738

Re: How to Fight an Unfair Speeding Ticket

Challenging the Lidar speed reading or the distance will undoubtedly be a losing proposition and a waste of time and energy.... I don't know where people seem to get their information especially when they seem to be making it up on the fly simply because it meets some preconceived notion they have!

I'm not sure if/how the other driver escaped anything... If the cop wanted to stop him, I'm guessing he would have gone after him, I mean he had to come after you so what difference does it make to him who he gets?

As for the speed limit discrepancy, the validity of speed limit *IS* the major point to contend with in any 22350 case and proof will eventually have to come by way of the most recent engineering and traffic survey. However, the difference between 40 or 45 is not going to win the case for you simply because (1) at 55 you're still in excess, (2) 10mph over the limit or 15mph over the limit both carry the same fine and (3) it will likely be corrected easily. So check the "Location of the violation" as described on the citation, contact either Caltrans or that city's Public Works department and request a copy of the most recent engineering and traffic survey that covers that location. When you receive that, you can post images of it here and we'll see what you can do!

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