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  1. #1

    Unhappy How Can I Win a Speeding Ticket(Need Help Urgently)

    My question involves a traffic ticket from the state of:Los Angeles California


    So I was driving down a highway and a saw a police with a radar and slowed down. He then proceeded to pull me over and cited me and told me that when he's saw my car he assumed I was going 70 mph but the radar gun clocked me at 72mph. But I was going he appropiate speed limit. Today I passed by the same highway and saw the speed limit was 50mph. So it mean he didn't know the speed limit of the highways. Is there any way I can fight and win the ticket !?

    Btw I complied but I know for a fact I was driving safe and the appropriate speed as the traffic.

  2. #2
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    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting Jrodriguez27283
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    My question involves a traffic ticket from the state of:Los Angeles California


    So I was driving down a highway and a saw a police with a radar and slowed down. He then proceeded to pull me over and cited me and told me that when he's saw my car he assumed I was going 70 mph but the radar gun clocked me at 72mph. But I was going he appropiate speed limit. Today I passed by the same highway and saw the speed limit was 50mph. So it mean he didn't know the speed limit of the highways. Is there any way I can fight and win the ticket !?

    Btw I complied but I know for a fact I was driving safe and the appropriate speed as the traffic.
    The speed limit was 50 MPH, the officer visually estimated your speed at 70 MPH and hit you with radar at 72 MPH, is that correct?

    How fast do you think you were going?

    What code section were you cited for?

  3. #3

    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting cdwjava
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    The speed limit was 50 MPH, the officer visually estimated your speed at 70 MPH and hit you with radar at 72 MPH, is that correct?

    How fast do you think you were going?

    What code section were you cited for?
    Correct officer said 70mph and radar 72mph

    Honestly I was going at 60mph !
    I got cited for 22349(a)Vc

  4. #4
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    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting Jrodriguez27283
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    Correct officer said 70mph and radar 72mph

    Honestly I was going at 60mph !
    I got cited for 22349(a)Vc
    Okay, so you are accused of ...

    22349(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

    The officer, who is trained in the use of radar, made a visual estimation of your speed at approximately 70 MPH and it was confirmed with a radar reading of 72 MPH. YOU believe you were doing 60, but, as you likely were not looking at your speedometer at the moment he observed and hit you with radar (which may have been well before the stop) you cannot definitively say what your speed was when he saw you. Your defense is that you believe you were doing 60. Of course, that is an admission to a violation of VC 22350 ... though, you have not been charged with that.

    As it stands it is your word against the officer's. You say 60, he says 70+. Absent something more, the officer will almost certainly prevail. If you are eligible for traffic school, you may want to consider that as an option when the time comes. Or, you can push the issue, try a trial by written declaration and then a new trial if you lose the TBWD, set a trial date, and then hope he doesn't show.

  5. #5
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    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting Jrodriguez27283
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    Correct officer said 70mph and radar 72mph

    Honestly I was going at 60mph !
    I got cited for 22349(a)Vc
    So, the speed limit was 50 mph and you think you did 60. That still means you were speeding. How did you determine your speed? By your own speedometer? If the answer is yes, how do you know your speedometer is accurate? Have you had it tested?

  6. #6

    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting cdwjava
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    Okay, so you are accused of ...

    22349(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

    The officer, who is trained in the use of radar, made a visual estimation of your speed at approximately 70 MPH and it was confirmed with a radar reading of 72 MPH. YOU believe you were doing 60, but, as you likely were not looking at your speedometer at the moment he observed and hit you with radar (which may have been well before the stop) you cannot definitively say what your speed was when he saw you. Your defense is that you believe you were doing 60. Of course, that is an admission to a violation of VC 22350 ... though, you have not been charged with that.

    As it stands it is your word against the officer's. You say 60, he says 70+. Absent something more, the officer will almost certainly prevail. If you are eligible for traffic school, you may want to consider that as an option when the time comes. Or, you can push the issue, try a trial by written declaration and then a new trial if you lose the TBWD, set a trial date, and then hope he doesn't show.
    I did see my speedometer and even caught the cop way ahead of time. I also was driving a work van with a v4 engine which cant hit 72mph easily with all equipment in it. I also had gotten a green light and the officer wasn't even 20ft always from me.

    I don't know if this matter he put the speed limit was 65mph on my tickets when the actual speed was 50mph. Can I use that to my advantage !?

    Quote Quoting Taxing Matters
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    So, the speed limit was 50 mph and you think you did 60. That still means you were speeding. How did you determine your speed? By your own speedometer? If the answer is yes, how do you know your speedometer is accurate? Have you had it tested?
    No I have not had it tested. I saw my speedometer and saw 60,but I'm just trying to find out if I could fight it

  7. #7
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    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    The problem is that you do not really know when the officer actually observed your speed. When you saw him may have been well after he saw you.

    As for making an argument that you were going 60 and the officer is wrong, well, that's going to be a long shot. I'm not saying you shouldn't try it, but, if it comes down to your word against his, he will likely prevail. Unless you can trip him up in cross examination and get him to admit that he was not in a good position to observe you or to get a good radar reading, you will likely be found guilty. If found guilty at trial, there is a decent chance that the court will not allow you to take traffic school. While it is not a certainty, there is a tendency to disallow TS when you lose at trial.

    Ultimately, the decision is yours on how you want to proceed. But, assuming a modicum of intelligence and articulation on the aprt of the officer, and assuming he will actually attend a trial, you will lose. You may lose nothing more than a couple of trips to court by contesting it, so you may decide that the shot is worth it. But, if avoiding an insurance hit is important to you, you might want to consider pleading out and taking TS if you are otherwise eligible.

  8. #8

    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting cdwjava
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    The problem is that you do not really know when the officer actually observed your speed. When you saw him may have been well after he saw you.

    As for making an argument that you were going 60 and the officer is wrong, well, that's going to be a long shot. I'm not saying you shouldn't try it, but, if it comes down to your word against his, he will likely prevail. Unless you can trip him up in cross examination and get him to admit that he was not in a good position to observe you or to get a good radar reading, you will likely be found guilty. If found guilty at trial, there is a decent chance that the court will not allow you to take traffic school. While it is not a certainty, there is a tendency to disallow TS when you lose at trial.

    Ultimately, the decision is yours on how you want to proceed. But, assuming a modicum of intelligence and articulation on the aprt of the officer, and assuming he will actually attend a trial, you will lose. You may lose nothing more than a couple of trips to court by contesting it, so you may decide that the shot is worth it. But, if avoiding an insurance hit is important to you, you might want to consider pleading out and taking TS if you are otherwise eligible.
    Would it be wise to consider getting a lawyer to fight it at this point !? Maybe he has a higher chance of winning the case !?

  9. #9
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    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting Jrodriguez27283
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    Would it be wise to consider getting a lawyer to fight it at this point !? Maybe he has a higher chance of winning the case !?
    The thing about traffic attorneys is that they very often just make it more convenient for you to plead guilty and ask for traffic school. Having a lawyer does not automatically equate to winning a case. If you were a commercial driver and a point on your record or a ticket of any kind could end your employment, yeah, get a lawyer. Otherwise, you will probably pay at least as much as the fine would be, and the attorney cannot make a bad case into a good one by their presence. Remember, HE cannot testify for you, and all he could do is cross-examine the officer. Sure, he may know a few more questions to ask that might cast some reasonable doubt on the officers location and line of sight, but, that's far from a sure thing and you might then be faced with paying a few hundred for the attorney AND the $283 or so for the ticket. You might consider calling one or two and running your situation past them to see what they say, but, I'd be very cautious as if he wants your business he may give you a very optimistic assessment of your chances.

  10. #10

    Default Re: How Can I Win a Speeding Ticket(Need Help Urgently)

    Quote Quoting cdwjava
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    The thing about traffic attorneys is that they very often just make it more convenient for you to plead guilty and ask for traffic school. Having a lawyer does not automatically equate to winning a case. If you were a commercial driver and a point on your record or a ticket of any kind could end your employment, yeah, get a lawyer. Otherwise, you will probably pay at least as much as the fine would be, and the attorney cannot make a bad case into a good one by their presence. Remember, HE cannot testify for you, and all he could do is cross-examine the officer. Sure, he may know a few more questions to ask that might cast some reasonable doubt on the officers location and line of sight, but, that's far from a sure thing and you might then be faced with paying a few hundred for the attorney AND the $283 or so for the ticket. You might consider calling one or two and running your situation past them to see what they say, but, I'd be very cautious as if he wants your business he may give you a very optimistic assessment of your chances.
    So I plead guilty and take ts then what ?!
    Doesn't that also affect my insurance !?

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