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  1. #1
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    Default Defending a Speeding Ticket Based on Speed of Traffic

    My question involves traffic court in the State of: California

    I got a ticket for speeding in an area in front of a senior center and decided I'd take my chances and do a written trial. I'd like to know what you guys think of my defense as this is my first time getting a ticket and I have no idea how I'm doing.


    My defense basically said that I was driving southbound on the street and do not recall my speed because this happened in December and it is not written on my ticket. I do know that I was not going faster than the people driving around me going the same way. The conditions that day were clear and the road was dry. My reasoning for going faster than 25 mph was that it's extremely common for everyone to drive down that road at about 35-40 because it's a downhill that quickly turns into an uphill. I've driven down that road almost every day for the past 3 months and I've noticed that every time I slow down to 25, as I should, the people behind me either switch lanes very quickly without looking to avoid having to slow down or traffic builds up behind me. The times I've decided to keep the same speed as a car next to me, I end up going about 40mph.

    I also wrote in that the officer was not facing his LIDAR gun directly at me and was at an angle which would have compromised the speed I was actually going. I added a little diagram to my written trial to illustrate that.

    Please let me know if I should give up hope or what I should fix. I obviously condensed it for this forum. Thank you!!

    TLDR: Speeding. Don't remember speed, not written on ticket. Downhill that turns into uphill quickly. Nobody ever goes 25 because of that. When I go 25 on that street people switch lanes quickly. Dangerous. LIDAR gun not facing me directly.

  2. #2
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    "Everybody else was speeding" is not a defense. The fact that "people usually speed" is certainly not one.

    Your angle diagram won't be persuasive either. In fact, any error from shooting at an angle actually yields a lower speed not a higher one.

    What exactly were you cited for (it will have a five digit number and VC near it)?
    What was the street you were cited on?

  3. #3
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    It was (CVC) 22350.

    and it was College Avenue in San Diego

  4. #4
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    You were cited for violation of a speed that is set by the statute at 25 mph. Meaning you are prohibited from exceeding that limit no matter what the conditions

    CVC 22352

    The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:

    (b) Twenty-five miles per hour

    (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Pedestrian Safety Account pursuant to Section 894.7 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources.

    [QUOTE=anon4;794171I have no idea how I'm doing. [/QUOTE]

    You're not doing too well...Because all you did here:

    Quote Quoting anon4
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    My defense basically said that I was driving southbound on the street and do not recall my speed because this happened in December and it is not written on my ticket. I do know that I was not going faster than the people driving around me going the same way. The conditions that day were clear and the road was dry. My reasoning for going faster than 25 mph was that it's extremely common for everyone to drive down that road at about 35-40 because it's a downhill that quickly turns into an uphill. I've driven down that road almost every day for the past 3 months and I've noticed that every time I slow down to 25, as I should, the people behind me either switch lanes very quickly without looking to avoid having to slow down or traffic builds up behind me.
    You admitted to the same exact violation you are accused of... That is not much of a defense... In fact, you admitted to doing it "every time you've driven down that street in the past 3 months"...

    Quote Quoting anon4
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    I also wrote in that the officer was not facing his LIDAR gun directly at me and was at an angle which would have compromised the speed I was actually going. I added a little diagram to my written trial to illustrate that.
    The officer is more likely than not trained in the use of Lidar and is well aware of the limitations that might impact its accuracy. Fact is, the cosine effect has very little impact on the speed reading upo until the angle the officer is pointing the Laser at gets above 30 or 35 degrees. When it does impact the reading, it actually favors the driver in that it provides for a lower speed that he is actually driving at... So all you did there was dig yourself deeper.

    Quote Quoting anon4
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    Please let me know if I should give up hope or what I should fix.
    How would you fix anything if you have submitted ca declaration?

    If you have not submitted one yet, understand that in spite of the language of the code section you were cited for, the type of speed limit you were cited in vioation provides for very little in the way of a defense when you are caught exceeding that limit. IN this case, all the officer has to testify is that the roadway is posted with a 25 mph speed limit, and that he measured your speed to be in excess of that 25 mph speed limit.

    The only advice I can offer is for you to go back to court to see if you can change your plea, and get traffic school, you would be much better off keeping this violation off of your record.

    Good luck!

  5. #5
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    I haven't submitted it yet luckily it's not due yet. Can I plea guilty on my Written Declaration in that case? I had asked for traffic school on my draft so I would just keep that part in

  6. #6
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    You can't plead anything on an TBD. It's an implicit "NOT GUILTY" plea. If you want traffic school, don't file a TBD, wait for it to be offered either in advance (with the courtesy notice) or at the arraignment.

  7. #7
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    Unfortunately, I already went to night court to ask that I get a trial by written declaration. So I basically already pleaded. Could I go when I'm to turn it in and tell someone I'd like to change my plea?

    Edit: I or in my written trial that I request traffic school and a new trial if I am going guilty. Should I just put that I wasn't speeding at all nothing more and if I'm found guilty plead guilty At the new trial?

  8. #8
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    Quote Quoting anon4
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    Unfortunately, I already went to night court to ask that I get a trial by written declaration. So I basically already pleaded. Could I go when I'm to turn it in and tell someone I'd like to change my plea?
    If you have not submitted the declaration, simply go to court, to the traffic window in particular and tell the clerk: "I had requested a trial by declaration, I have not submitted it yet (hopefully the due date has not passed yet) and I changed my mind, I would like to pay the fine and request traffic school".

    There should be no reason why they would be unable to change it for you...

  9. #9
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    Mar 2014
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    Default Re: Defending a Speeding Ticket Based on Speed of Traffic

    I think I'll do that today. Thank you very much for your help, I was clueless!

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