I was driving with my friend going about 45 in a 40 zone. Then there are some construction signs and on the sidewalk there are signs that say 25. The cop pulls me over for going 44 in a 25 zone. There is a hill so I started to slow down. Also the other cars were going around my speed as well. Should I fight it? If I do what should I do and what are my chances? thanks

 

I may be wrong but I think, in general, the law is that the radar gun can only be operated a certain minimum distance from speed limit signs. Check the laws governing the jurisdiction.

 

I've done dozens of these tickets when I first started practicing law - so here's some advice - I hope it is helpful.
Winning traffic cases has three elements.
1. The cop doesn't show up. (Not so common since they usually get paid time and a half for court)

2. The cop misses some element of the crime like filling out the ticket improperly or not identifying all of the elements of the offense. (Read the Vehicle Code section) [Some judges don't care but a certain number will follow the law and kick out a case where the cop misses an element of the crime]

3. Worst is your word against the cops. It is almost impossible to win unless the cop has a record of being a jerk and this particular judge knows it (very very rare) They won't let you win because they will say you have a motive to lie or not be accurate and the cops don't. You can win these if you can prove that the cop can't be right - like if his view was blocked or something else that is irrefutable.

4. A better approach than the cop is a liar or jerk approach is the "cop made an honest mistake" approach. This has the advantage of allowing the judge to rule for you without ruling that the cop is a liar. Also, it presumes the good faith of the officer and in many cases the officer honestly does believe you are guilty. If you assume his/her honesty and look for how the officer could have made an error the doubt may go to you.

 

Well if its worth anything, the cop was a real jerk to me. Also on the ticket he put some misinformation, he put me as the registered owner when the actual owner is my dad. Well anymore advice would be appreciated. Also how much am I looking at for a 44 in 25 zone? It was in southern CA.

 

Rando - I don't know the traffic laws anymore but 44 in a 25 mph zone might, (emphasize might) be better than 45 in a 25 zone. Sometimes, the # of miles above the speed limit makes a difference. What if, as jerky as the officer was when he wrote you - he was also trying to put you in the lower category of fines/penalties by saying 19 miles over rather than 20?? In his world, he was being nice. In your world because you know you weren't speeding, he was being a jerk. Your job is to manage those two worlds so that a judge doesn't think that you are being unfair. Remember, the judge will understand that 19 miles over is a gift. To check this, just call CHP business line and ask them.

 

Rando, I hate to rain on your parade but, traffic fines double in construction zones in California. You will frequently see radar cops working where the signs say road construction. I traveled up the 5 last week and there were 3 areas with over 50 miles posted as construction and all had a CHP. Beware of construction zones for more than bad street and rocks.

 

i was gonna say that too that traffic fines are doubled in constrution areas in california.
be careful your fine is gonna be BIG

 

Yeah, with the fine being doubled I was wondering how much I was looking at. Also if I fight it, what are the chances of at least getting it reduced. In the other threads on tickets they say if I contest the ticket, I lost my right to traffic school. This is my first ticket so should just take the fine and go to traffic school?

 

As being a member of the frequent flyers club at courthouses i would have to say your best bet is to plead guilty to a lesser charge which has a hefty fine but no insurance or MV points. this is usually very easy to do and painless...just show up a little early and talk to the prosecuting attorney...unless you're a real problem case with tons of points already on your license they'll let you plead down to something which carries no points like unsafe driving.

my sister is a partner in her law firm and always represents me in these cases...this is what we always do and it has never failed...sure i pay the fine but my record is clean of points. the courts really care about the money so it's not as important to stick to the violation but to get the money.

so always fight the ticket it's always worth a shot...and always get there early to speak to the prosecuting attorney and just say you don't think you're at fault but you're willing to plead guilty to a lesser charge with no MV points.

 

Here's my story:

1. I got an 87 in 50 ticket.
2. I go to court and plead not guilty, they set a new date.
3. I go on a new date, which is not a real court date yet, but I get to go in front of the judge and enter my plea. Before going in front of the judge everyone speaks to the prosecutor. Before I open my mouth about a plea bargain, she said: "something or another, $200 fine, no point violation"
4. I go in front of the judge, plead guilty to "something or another" judge accepts the plea bargain, I pay $200 and go home without any points smiling.