My question involves a traffic ticket from the state of: California
Hello house and thanks for the existence of this forum. I have read some posts which were good guides but need a more tailored response to mine PLEASE PLEASE. It has been a bit hard lately financially.
My wife was driving the family (me and 3 minors) on way back from Phoenix on I-10. I normally drive on these kind of journeys but as i was not feeling well. It was appropriate for her to drive. I believe I set the speed limiter on the car at 70mph for her as a caution for the safety of all of us in the car whilst avoiding the risk of citation for speeding. I later on in the journey fell asleep only to be woken up by her saying the Police was following her after joining the freeway from the middle reservation of the freeway somewhere after Blythe but before Indio. In panic and not knowing what to do she went on to park on the middle reservation. The Police car parked on the right. She later rejoined the freeway to carry on then the police engaged the siren and she then stopped on the right side of the road. The officer approached my side (front passenger) to say that she was caught on the radar speeding and observed doing 95,98 and 80. The writing was very bad and really difficult to read and not certain of all observation except the 80. He however booked her for approx 80 in 70 mile max road.
I mentioned to him that I set the speed limiter and did not believe she was going at the speed quoted but did not argue with him. He warned that he would see what he can do which is the ticket she got. Aside of the above it appears the last name was written wrong (a middle letter was mis-spelt) and this manifested wrongly in the courtesy notice from the court. Also in booking the ticket he was given the Registration document, Driver License and Insurance. He ended up stating the ownership as same as the driver which is wrong as I own the car and the last name on the reg doc (Mine)and her DL (her Maiden name) were different but address of owner is the same. The insurance was done in both names.
He warned that if we go to court he will request the consideration of the higher limit which may result in suspension of my wife's driver license. Very scary for her as she needs the use of the car for daily run about and school shuttles.
Is there any argument in the issuance of the ticket that may warrant dismissal or mitigation of the citation to reduce cost. Is it arguable that she recognizes her responsibility of driving her family and would normally drive at speed quoted and did not believe she was driving at the speed as a duty care to the whole family.
Can anyone provide an honest opinion for best resolution as she will rather like a dismissal if possible and arguable in California.