Californiaon February 19, 2012 at 5:53 pm
Learn How To Fight A Speeding Ticket In California Successfully
No person shall drive a vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway.1 In no event, shall a speed such as to endanger the safety of persons or property. Veh. Code §22350
California is the most populous state in the U.S and with many
motorists on California roads traffic laws are rather stringent. The
state invokes steep penalties to those who break traffic laws not to
mention the high insurance rates. Speeding tickets are usually given
to speeding motorists in a bid to prevent fatal accidents on
California roads. In case one is given a speeding ticket, they ought
to know how to fight a speeding ticket in California, or else succumb
to the heavy penalties.
According to California laws, the maximum local speed limit is set at
65mph although you may drive at 70mph where posted. Other limits are
also set according to different surfaces and areas. Furthermore,
motorists are expected to consider the weather, visibility, traffic,
highway, and the surface and width of the road in determining the
speed to use. This speed must not endanger any other person. Ideally,
you are expected to pay a fine for every speeding ticket. However, the
state also applies penalties to any such ticket, and you might end up
paying more that the initial fine.
For instance, for speed limits between 1 and 15 above the maximum
limit, you get a basic fine of $35. The state penalty Assessment then
fines you $40, county PA $28, DNA PA $8, Facility construction PA, $7,
and a $7 for a 20% surcharge. You thus end up paying $146.
Nonetheless, speeds over the limit from 16-25mph are charged a base
fine of $70, and those from 26 and above are charged $100. On top of
all this, you get two points on your DMV record for speeding.
If you choose to plead guilty, pay for the ticket, and deal with the
many consequences of having many points, it is well and good. However,
if you want to avoid all these fines, you should plead not guilty and
find out how to fight a speeding ticket in California.
If you want to fight the ticket successfully, you must go to court. In
fact, going to court may give you a chance to have the case dismissed
completely. This is especially the case if your arresting officer does
not show up. On the other hand, you can challenge the speeding ticket
through snail mail. There is also a possibility that you will not get
any response or the court officer may forget pertinent information on
your case, giving you the upper hand to have it stricken. Knowing such
loopholes in the law will help you fight your ticket.
It is also wise to use a competent California traffic law lawyer, as
they are well versed and know how to beat the speeding ticket easily.
Such a lawyer will use such strategies like questioning the viability
of the device used in measuring your speed. By establishing the
fallibility of the device used, there will be no basis for the case.
If you decide to fight the speeding ticket by representing yourself in
court, you must do extensive research on speeding laws and gather
enough knowledge to aid you in winning.
In California if you wish to fight your speeding ticket you must go to
court in the county that issued the ticket. You can request a trial
through the mail instead (use certified or registered mail) at least a
week in advance of your appearance date. You’ll get some forms back,
to explain why you want a trial. After you request a trial, a date
will be assigned, and you may present your case at that time. If the
charge is serious, you might want to hire an attorney who specializes
in traffic violations, and speeding tickets. You will also be
required to pay a bail amount when you request a trial (even through
the mail), so be prepared to pay something on the day you appear at
your preliminary hearing. A “serious traffic violation” includes exceeding the speed limit by 15 or more MPH or reckless driving. Veh. Code §15210(i), 49 USC §31301(12) & 49 CFR 383.5
After notifying the court of your intention, you’ll be issued a trial
date. You will be allowed to hire an traffic lawyer to represent you.
If you cannot afford legal counsel, you will need to represent
yourself (the California legal system will not provide a lawyer for a
traffic infraction). Before the court date, be sure to all the
evidence and witnesses. Time of day, weather at the time, Traffic
flow, calibrate your odometer, Ask for the officers radar gun to be
calibrated, and certified, pictures of where the ticket was issued.
Question the traffic officer, present witnesses, provide evidence,
argue the law. If you win the speeding ticket will be dismissed, and
the bail money refunded. If you do not win California will allow you
to appeal the decision i would appeal as you get another chance to
fight your speeding ticket. Points stay on your record 7 years and
that will cause your insurance rates to sky rocket so appeal.
If you lose your speeding ticket fight in California, then a
California State Approved Defensive Driving Course is a great way to
dismiss your traffic ticket and lose the points from your driving
records. (I Drive Safely) is an online defensive driving course used
by most states.
Tractor Trailer Speeding Fines
Commercial Motor Vehicle (CMV) Operators
Grounds for Disqualification : No person may operate a CMV if he/she has either (1) been convicted of 2 “serious traffic violations”20 within a 3 – year period or (2) been convicted of 3 such violations within a 3 – year period while driving a CMV. Veh. Code §§15306 & 15308
The following fines apply to offenses involving exceeding the basic speed rule (Veh. Code §22350), exceeding 55 MPH in a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle (Veh. Code §22406) or exceeding the speed established for a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle when descending a
grade. (Veh. Code §22407): 1st offense-Not more than
$100. 1st offense (where speed was ³ 10 MPH over the limit)-Not more than $200. 2nd or subsequent offense-Not more than $300. Veh. Code §42000.5
II. For speeding in a tank vehicle transporting >500 gallons of flammable liquids, in willful or wanton disregard for the safety of others, a person is subject to the following additional sanctions: 1st offense-Not more than $500. 2nd or subsequent offense (within 2 years)-Not more than $2,000 and suspension of hazardous material or cargo tank endorsement for £ 6 months. Veh. Code §22406.5
III. If the imposition of an infraction fine would impose a hardship (offender or his/her family), the court may sentence such person to perform community service in lieu of the “total fine” (i.e., the base fine, all assessments, penalties and additional monies). California Penal Code §1209.5