Speeding Ticket in California - 22350

[Trinitix]

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

Hey everyone, unfortunately I received my first speeding ticket

First I wanted to say that this is site is awesome! Lots of information and plenty of nice people that take the time to help give good input.

I already did some research and took a look at some other sites like helpigotaticket which gave me some important tips.

This is what it says on my ticket-

22350 VC-PACEO 50/40 MPH (SHOP 28599 - 50 / 5C -
6/5/08) - HRS OF DARKNESS, VEHS, I/S

Speed Approx./ Approx 47
P.F./Max. Sped. 40

I was cited around 12:30am on Devonshire (SFV, CA)

Ticket costs 201$ and I am eligible for traffic school so I don't get points on my DMV record. I want to submit to neither though.

Officer was kind and professional, but, C'mon 47 in a 40 at 12am !?

I looked up the section code of which I was cited for, and it is the California Basic Speed law, which states:

22350: 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.

So... Is it possible that, if I do fight this ticket, I can say that I was not endangering anyone because the only people on the street at that time were me and the police officer (and probably one other person) ? Would it be a strong argument to go against what I was charged for ? The street was very wide and consists of 5 lanes (2 going west/ 2 going east/ 1 center left) and was very well lit. There were no other people in sight in front of me.

I've driven on this street during the day and more than half the people definitely do not drive the speed limit. I mean, I've seen police officers drive faster than 40. It was so late at night that I do not see how I was operating the vehicle at an unsafe speed. The street was very well lit with no pedestrians and it was not raining. Isn't it safer to drive faster during the night then the day (or at least on a well lit major st/or fwy) ? I mean when I'm driving on the freeway at like 1AM I've seen CHP blow past me at 100 on the freeway (and their siren lights were not on). People also regularly drive 80-90 during those hours. I usually cruise at like 80 in the fast lane and have never been pulled over (because the cops are driving faster!).

What other valid points could I bring up in court that would help fight this ticket ? Do you think I may actually have a chance with this ? If I shouldn't fight the ticket are there any other routes I can take instead paying the fine (probation, or ? ) ?

Thanks for reading and I wish you all luck.

[EWYLTJ]

There are a few defenses you could raise, but they are weak and the traffic courts in this state tend to convict even if the evidence of dismissal is strong. So, I guess it depends on how committed you are to your defense.

If you want the easy way out, do traffic school. Any real defense is going to be tough.