Thread: Fighting my Speeding Ticket
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Old 05-22-2015, 08:05 PM   #67 (permalink)
dP3NGU1N
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Originally Posted by kuruzero View Post
Just my 2 cents...

Actually "technically" he has broken the law because the determination of what is reasonable or prudent isn't decided by him... No offense but I'm in court almost every week and that defense will get the typical eye roll thats nice, here's your fine from the judge.

The traffic ticket lawyers charge so little bc the business model is client volume and by getting fines slightly decreased or getting traffic school/defensive driving classes set up (which anyone can easily do themselves by simply calling and talking to a clerk). The most being done for first offenses and good driving records. Tickets are very rarely outright dismissed and rarely do officers not show up to court as most jurisdiction issue automatic HR write ups for not showing to court. Traffic ticket firms are just as much a racket as speed traps.

Personally, as half the drivers I go past are on their phones nowadays, Im fine with the 60-75 mph on most hwys I drive as I dont trust society as a whole to be responsible enough to have a 80mph limit, which in practicality means everyone would really be going 80-90mph without consequence. The autobahn mortality rates vs US hwys debate has very little to do with speed. Replace their situation with our factors and their rates would quickly increase. Actually the large majority of autobahn deaths do happen on the stretches without limits vs the stretches with limits so this doesnt exactly bolster most arguments.

OP, I agree fight the ticket if you'd like but dont expect to come out clean and without spending money regardless. Not likely with your record a judge is just going to scrub the ticket, thats its you get to go home without paying out. And for someone with double digit speeding tickets, you either still havent learned the smart way to speed like the rest of us hah, you're under 25, or those tickets are spread out thru decades of driving. Im assuming its not the latter... You gotta pay to play...
Actually, burden of proof for all of the above is on the officer to prove to the judge that the driver is in violation of any of the terms (weather, excessive speed, if so - how?, How was this determined to be dangerous, etc.) So no, you don't get an eye roll. I speak from experience from actually using the law to mount my defense against this very vehicle code. I've personally beaten these tickets before so your theoretical "eye roll" doesn't carry much weight here.

How to mount your defense here (I have personally used this):
( Click to show/hide )

How far back was I when your radar first picked me up?
How far ahead of me was the closest car in front of me?
Was I in danger of hitting the closest car in front of me?
Was I in danger of hitting any other car?
As I recall, there were no pedestrians; is that correct?
(Alternatively: As I recall, there were no pedestrians in the roadway; is that correct?)
Did it look at any time like my car was out of control and about to leave the road
?
What was the weather?
Was there anything inherently unsafe about the weather at the speed I was going?
What was the visibility?
Was there anything inherently unsafe about the visibility at the speed I was going?
What was the surface of the road?
Was there anything inherently unsafe about the surface of the road at the speed I was going?
What was the width of the road?
Was there anything inherently unsafe about the width of the road at the speed I was going?
You cited me with violation of Vehicle Code Section 22350, correct?
Could you please read 22350 for the court?
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
That section says nothing about a posted limit does it, Officer?
Could you please read this part of Section 22351(b) for the court?
22351.(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful...
That sounds like I am guilty, but could you please read the rest of it -- the underlined part?
22351.(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.
Does your testimony qualify as competent evidence?
Did you not testify that that there was nothing inherently unsafe about the weather at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the visibility at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the surface of the road at the speed I was going?
Did you not testify that that there was nothing inherently unsafe about the width of the road at the speed I was going?
Did you not testify that I was not in danger of hitting another car?
(I guess that takes care of the traffic condition.)
Did you not testify that I was not in danger of hitting a pedestrian?
Did you not testify that was in control of my vehicle and not in danger of leaving the road?
So what property could I possibly have endangered?
I ask you once again, does your testimony qualify as competent evidence?
Given your competent testimony as evidence of my speed as it relates to the conditions at the time and place of this alleged violation (not the average conditions covered in the survey, but the exact conditions you testified to – i.e., the conditions specified in 22351(b)), where is your case, Officer?
If you make it through question 14 without the officer bringing up anything negative, you have pretty much won your case. Once you get past question 20 the officer may try to change his or her testimony, in which case you challenge the officer's memory of the case and his or her competency as a witness for the prosecution.

This defense courtesy of Help! I Got a Ticket!. Been using that site for years. It's all free and it works.
Original site: http://helpigotaticket.com/speed/30questions.html

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Last edited by dP3NGU1N; 05-22-2015 at 08:11 PM.
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