Speeding To Avoid An Accident

[underattack]

The first ticket I received, I deserved. Paid my fine, went to traffic school, doesn't count on my record so insurance rate doesn't go up for this one.

The second ticket I got was something I didn't deserve. What I did was speed up momentarily to avoid getting hit by a speeding driver behind me. I was clocked at 68 in a 50 zone, maximum safe speed being 60. But, doesn't the basic speed law justify that if I have to speed past the maximum speed to avoid an accident, as long as driving conditions allow, it's perfectly legal? Wouldn't that argument hold in court?

Well apparently I was found Guilty because the Basic Speed Law "doesn't apply". They didn't say why, that's just what the court wrote (I did this trial via mail) so I'm planning for a Trial De Novo for a second chance at fighting this case in court. What do you guys think?

Also, if I'm still found guilty and get traffic school for this one (3 months apart from other traffic school), will insurance be able to raise my rates even though I took traffic school for this second ticket? I don't have insurance, but my car is insured by my parents under their name. Would the ticket still raise the insurance even though it's not under my name? Or does that not matter?

[aaron]

This is in what state?

[underattack]

This was in California.

[aaron]

Your speed is governed by the maximum speed law.

[underattack]

"(b) Notwithstanding any other provision of law"

Meaning that no other laws would apply then? But does this law only apply to 2-lane highways? It only mentions that and the road I was pulled on is a 3-lane highway when going in one direction, so 6 lanes total if you count the entire highway.

So no judge in CA will find me not guilty then, even if the case was had I not sped up, I could've been in an accident? What do you think my chances of gettting traffic school are for this case, and would that affect my insurance?

Reason why I ask is I've heard that it's illegal for insurance to raise your rates if you've had 2 dismissals within 18 months, even if the record is available to them.

Thanks in advanced.

[seniorjudge]

Q: What I did was speed up momentarily to avoid getting hit by a speeding driver behind me. I was clocked at 68 in a 50 zone, maximum safe speed being 60. But, doesn't the basic speed law justify that if I have to speed past the maximum speed to avoid an accident, as long as driving conditions allow, it's perfectly legal? Wouldn't that argument hold in court?

A: No and no.

[Mr. Knowitall]

Why didn't you just change lanes?

[underattack]

Because on my right was a car and the car coming up from behind wouldn't allow me to slow down to change lanes, so I had to speed up.

Sorry I forgot to mention that part.

[lwpat]

The correct procedure is to signal for a lane change, slow down and get in the right lane. Then the guy behind you gets the ticket. You can ask the judge for second offenders traffic school. Your insurance agent can tell you how this will effect your rates.

[underattack]

The thing about it was the guy was right behind my tail, so there was no way for me to slow down without him hitting me. Once the cops stepped out into the middle of the road (they were stopped at a lot about 1/4 mile away), they walked into the middle of the road to flag us over. They only flagged me down and let the guy behind me go, which I'm sure the officer didn't see what he did because there is a curve right before the lot that blocks their view from where the situation happened.

So my best option here is to request a trial de novo, and hope the officer doesn't show up? Then if he does, plead guilty with explanation, and request traffic school?