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  1. #1
    Join Date
    Mar 2015
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    3

    Default Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55 MPH

    My question involves a traffic ticket from the state of: CA

    I got a speeding ticket on an LA freeway. I was pulled over on on the shoulder of the highway and after a brief chat I stupidly apologized and admitted I was speeding on my way to work hoping he'd be more forgiving.
    Before handing me the ticket he said the speed limit on that stretch of highway is 55, he caught me going 88mph. He said that would prevent me from doing traffic school so he wrote it for only 80+. On the ticket he wrote the speed limit was 65 although he initially told me 55 and kept stating that's the limit all the way to DTLA?
    There's no mention of laser / radar on the ticket or which device was used to pick up my speed.

    The citation is 22349 vc and unfortunately I already have a speeding ticket (attended traffic school) in the past 18 months. For the record it was for driving 31mph in a 25mph zone.

    I wonder if it's worth appealing or else.. thanks for the support.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55

    Either the speed limit was 65 MPH or it was 55 MPH. If it was 65 MPH, your ticket is correct. If it was 55 MPH, the error works to your advantage.

    You are talking about appealing -- so you were already convicted? After a TBWD? A hearing?

  3. #3
    Join Date
    Mar 2015
    Posts
    3

    Default Re: Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55

    Quote Quoting Mr. Knowitall
    View Post
    Either the speed limit was 65 MPH or it was 55 MPH. If it was 65 MPH, your ticket is correct. If it was 55 MPH, the error works to your advantage.

    You are talking about appealing -- so you were already convicted? After a TBWD? A hearing?
    I used the wrong term, I meant "fight" the ticket, which I just got about 1hr ago.
    The previous ticket (31mph in a 25mph zone) I just paid and went to traffic school, din't TBWD nor hearing.

    p.s. I was pulled over right here: https://www.google.com/maps/@34.1495...Sq_6XqvbTg!2e0
    The closest spot I could find with a posted sp. limit sign is here: https://www.google.com/maps/@34.1316...rJelDoCarA!2e0 and it does say 55.
    On the citation, in the speed limit box, officer wrote 65.

    - - - Updated - - -

    However, I just considered, if I fight the ticket would I be accusing myself of driving 25 MPH over the posted limit (55 MPH)?
    Is there also a possibility the officer will amend the error?

  4. #4
    Join Date
    Mar 2013
    Posts
    1,227

    Default Re: Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55

    I always laugh when an officer gives someone a gift and they immediately try to throw it away.

    Here's what will happen.

    You go into court, plead not guilty and point out that you were cited for a speeding in 65 zone when you were really in a 55 zone, that the officer cited you under the wrong section and you therefore are not guilty.

    Unfortunately for you, our courts do not work like you see on television where if a T is not crossed on a police report, a mass murder is released with the apologies of society, the officer if fired and the mass murder gets a $5 million false arrest settlement.

    In your case the judge will ask the officer if he wishes to amend the citation to reflect the correct Vehicle Code section. The officer will amend it before the court, you will be found guilty and you will look like an ungrateful idiot.

    Pay the ticket, move on with life and don't speed any more.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,103

    Default Re: Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55

    However, I just considered, if I fight the ticket would I be accusing myself of driving 25 MPH over the posted limit (55 MPH)?
    Is there also a possibility the officer will amend the error?


    1.) Yes.

    2.) No, there is a CERTAINTY that the officer will amend the error.

  6. #6
    Join Date
    Mar 2015
    Posts
    3

    Default Re: Officer Wrote the Speed Limit as 65 MPH When He Previously Stated That it Was 55

    Yes, it seems pretty hard to believe to have the citation dismissed based on that. And I don't feel like I'm throwing away a gift, it's not a gift as it's not a personal matter. Some might do whatever it takes to avoid this kind of charity to the city. Given there is considerable evidence to have a ticket dismissed, it's only logical to try and have it thrown out. Is it fair someone slips on his own at walmart, sues the company and gets milions? I don't think so but when the law allows it and the judge grants it...

    I hear if I happen to get a second moving violation within 18 months I can go to the judge and ask for drivers ed again? or just by mail?

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