Wrong Speed Limit on Ticket
My question involves a speeding ticket from the State of: California
I was pulled over for doing 50 mph in a 45mph zone, the officer put that the speed limit was 40mph. I went back and checked all along the road that he pulled me over on and the entire way it is 45mph. Could the ticket be dismissed?
The officer also was very shaky with his story as to why he pulled me over my car kind of stands out and I'm young but he claims that what caught his attention was that I flew over a set of train tracks. however there were no train tracks on the street until he was behind me at the light with the train tracks after he had already gotten my speed. At this point I noticed him so I know i didn't fly over any train tracks.
Re: Wrong Speed Limit on Ticket
It seems to me to be a significant error on the ticket if the officer did not know the speed limit of the road he pulled you over on. I think you could potentially create some reasonable doubt if you challenged the ticket, but you would have to be very well prepared to do that. My argument would be if the officer was confused about what the legal limit was, perhaps he was confused about which car he pulled over and any number of other things. No guarantees, though. At the very least you should get the lower fine for the smaller infraction, but I would also argue that the margin of error in your speedometer plus some assumed margin of error on the officer's equipment might mean you were barely speeding, if at all, and in any case did not warrant even a stop. You have to decide what this is worth to you.
Re: Wrong Speed Limit on Ticket
If the posted limit is 45mph, there's absolutely no way 50mph would be in violation of the basic speed law unless there's heavy traffic/pouring rain/foggy night. File a trial by declaration - chances are, he won't even respond.