Fighting a Speeding Ticket in Los Angeles

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

It was about 10 PM. The road was not crowded. I was on Figueroa St. in downtown Los Angeles, stopped at behind a truck at a red light at the Venice Blvd. Intersection. I accelerated with traffic around me, going no faster than anyone else. I've always been a careful driver, so I glanced down at my speedometer, and although I don't remember my precise speed, I remember it was under 40, maybe 38 or 39. The speed limit there is 35. A car actually passed me on the left shortly thereafter, and then a moment later a police car pulled behind me.

There was another red light coming up and, ever cautious, I checked my speedometer again. Still under 40. He flashed his lights. I pulled over. He asked me if I knew what I did, and I said I didn't know. He said I was speeding, and I told did not believe I was. He estimated my speed was between 40-50 mph (no radar), and cited me for a violation of CVC 22350, going 50 mph in a 35.

He told me if I pled guilty I could go to traffic school and not take any insurance hit, but if I went to court and plead not guilty I wouldn't lose that option. The fine is $266, which I think is a bit excessive. I pled not guilty requested a court appearance, but will have to wait for 4 months.

My question is, as the story stands, can I win? Or can I get the ticket reduced? I feel the officer was wrong here, both for overestimating my speed, and telling me that I couldn't do traffic school if I went to court.

Lastly, should I pay the fine before I go to court? Or should I wait until after?

Yes, you can go to court and challenge the citation. There are a number of theories and methods under which you can challenge the citation and I am sure someone will be along shortly to explain them.

While a reduction in the fine and fees is unlikely, I don't understand why the officer feels you cannot do traffic school. Have you had the school within the past 18 months? Even if you had, the court has another TS option available to it should you wish it. Plus, your speed is not 25+ over the limit so that is not an issue, either.

Yes, you can challenge this cite. Stand by for others who can give you some better detail than I.

- Carl

So you're saying that the officer unfairly picked you out of a crowd and cited you for a violation that you did not commit. What makes think that or why do you feel he did that?

Also, you said that the fine is, in your opinion excessive. So you plead "Not Guilty"!

If the fine was $6 instead of $266, what would your plea be?

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Quoting tross186

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Lastly, should I pay the fine before I go to court? Or should I wait until after?

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I think that the court appearance that you requested is still you arraignment. At which point you'd have the opportunity to enter a plea. Assuming you plead "not guilty", and request a court trial, then you will be required to post bail in the amount equal to the fine amount and that will be refunded to you if the court finds you "not guilty".

I find your response a bit cryptic, but I will try to clarify.

Yes I feel I was unfairly cited, because he wrote the ticket for me going 50 mph when I was not going 50. He even admitted that he estimated my speed between 40 and 50. I plainly was not going the speed he said. As for my being targeted, perhaps he didn't select my car over any others specifically, but I drive down that street every day, and without exception, every single police drives at least ten mph below the speed limit . . . routinely I am witness officers going about 20-25 in a 35, and then pulling over any anyone who passes them. I don't know what is going in in Figueroa Corridor, but from what I know of the law, speed laws were implemented to preserve the safety of the road, not to suck money of cautious drivers.

On a side note, I believe the fine was excessive because, while in a different state, my boyfriend got a ticket for going 65 in a 55 and his fine was a maximum of 100$. I understand each state has its own fine structure, but $266 for going 50 in a 35, when I wasn't even going 50, the officer had no radar, and admitted he estimated my speed possibly as less, is egregious.

I appreciate any help offered, and thank you for taking time to respond, but please refrain from such snarky answers. They don't help.

Whether you feel the fine is excessive or not is not relevant to the situation. The officer will have to lay the foundation for his reason to believe the speed you traveled was unsafe (which also includes exceeding a properly posted speed limit) and how he established that speed. If he is radar trained, then his visual estimate will be granted greater weight than if he is just an experienced officer, but it might still be acceptable to the court. You are free to cross examine the officer and try and establish reasonable doubt based upon your respective positions on the roadway, angles, speeds, obstructions, etc.

- Carl

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Quoting tross186

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I find your response a bit cryptic, but I will try to clarify.

Yes I feel I was unfairly cited, because he wrote the ticket for me going 50 mph when I was not going 50. He even admitted that he estimated my speed between 40 and 50. I plainly was not going the speed he said. As for my being targeted, perhaps he didn't select my car over any others specifically, but I drive down that street every day, and without exception, every single police drives at least ten mph below the speed limit . . . routinely I am witness officers going about 20-25 in a 35, and then pulling over any anyone who passes them. I don't know what is going in in Figueroa Corridor, but from what I know of the law, speed laws were implemented to preserve the safety of the road, not to suck money of cautious drivers.

On a side note, I believe the fine was excessive because, while in a different state, my boyfriend got a ticket for going 65 in a 55 and his fine was a maximum of 100$. I understand each state has its own fine structure, but $266 for going 50 in a 35, when I wasn't even going 50, the officer had no radar, and admitted he estimated my speed possibly as less, is egregious.

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None of what you said even comes close to an answer to either question. (Even though one of my questions only required a "Yes" / "No" answer). But that's fine; you are obviously too emotional to even begin to understand my intent behind them.

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Quoting tross186

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but please refrain from such snarky answers.

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You mean snarky questions!

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Quoting tross186

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not to suck money of cautious drivers.

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You mean "cautious and innocent"...

Hang tight... You and Jim are gonna get along just fine. I'm sure he'll be along shortly!

Good luck...

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Quoting That Guy

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None of what you said even comes close to an answer to either question. (Even though one of my questions only required a "Yes" / "No" answer). But that's fine; you are obviously too emotional to even begin to understand my intent behind them.
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I apologize if my answers were poor. I get what you're saying. If my fine were $6 instead of $266 I would still go to court on principle alone.

I don't know why I was targeted. Maybe it was random. All I know, and I say this with absolute certainty, is that I wasn't traveling within 10 mph of the speed posted on the ticket.

I posted here looking for advice on the law, and to find out if I have an solid ground to stand on in this case. This is a message board for legal advice. If you feel the need to discuss the semantic nature of question and answer, find a friend. And if you want to correct someone's choice of words, join a creative writing workshop.

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Quoting tross186

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I posted here looking for advice on the law, and to find out if I have an solid ground to stand on in this case. This is a message board for legal advice.

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Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw Terms of Use.

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Quoting tross186

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If you feel the need to discuss the semantic nature of question and answer, find a friend. And if you want to correct someone's choice of words, join a creative writing workshop.

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And if you're looking for legal opinion and nothing else, don't post your question on a PUBLIC FORUM on the WORLD-WIDE WEB... Hire an attorney!

OK... we need to clarify a few things:

1. Where did you get "4 months" from?? Is that the date that's on your ticket? If so, that's an arraignment date. Or, did you go to arraignment and get a court date 4 months later? If so, did you sign anything waiving your right to a speedy trial? The court must give you a trial date no more than 45 days after arraignment, unless you waived that right.

2. The cop told you that you could NOT go to traffic school if you pled not guilty? If he did, he doesn't understand the law... but then again, he demonstrated that with the ticket.

Please provide dates of everyting (i.e. ticket, arraignment, court date, etc...). Tell the whole story, not just the highlights. The details are what will get you a dismissal.

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Quoting That Guy

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Hang tight... You and Jim are gonna get along just fine. I'm sure he'll be along shortly!

Good luck...

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You are probably right... That's because you and I have different intents. I would actually like to help the OP.

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Quoting tross186

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If you feel the need to discuss the semantic nature of question and answer, find a friend. And if you want to correct someone's choice of words, join a creative writing workshop.

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Well said!!!

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Quoting EWYLTJ

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OK... we need to clarify a few things:

1. Where did you get "4 months" from?? Is that the date that's on your ticket? If so, that's an arraignment date. Or, did you go to arraignment and get a court date 4 months later? If so, did you sign anything waiving your right to a speedy trial? The court must give you a trial date no more than 45 days after arraignment, unless you waived that right.

2. The cop told you that you could NOT go to traffic school if you pled not guilty? If he did, he doesn't understand the law... but then again, he demonstrated that with the ticket.

Please provide dates of everyting (i.e. ticket, arraignment, court date, etc...). Tell the whole story, not just the highlights.

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tross186, meet Jim. I hope you don't find his querstions too "snarky"... :D

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Quoting EWYLTJ

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The details are what will get you a dismissal.

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Music to your ears, I am sure!!!!

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Quoting EWYLTJ

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You are probably right... That's because you and I have different intents. I would actually like to help the OP.

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And I like to refrain from giving an OP a false sense of reality, only knowing that I am still hiding behind my monitor while they're standing in court arguing before a judge!

See, you can call a cop stupid or a judge a bonehead from here to try and justify your point. But you couldn't do it in court!!! ;)

Have at it Jim, you're bound to win one... May the odds be with you!