Speeding Tickets
The Basis Speed Law
CVC § 22350 and §22351 embody the “Basic Speed Law.” That law prohibits anyone from driving upon a highway at a speed greater than is reasonable or prudent in light of the surrounding circumstances like the weather, visibility, the traffic on the highway, etc., OR at a speed that endangers the safety of person or property. Therefore, you are not necessarily violating the law if you are traveling at a speed greater than the posted speed limit so long as you are not traveling in excess of 65 mph.
Traveling in excess of the posted speed limit ONLY raises a presumption that you were driving at an unreasonable speed, but that presumption may be rebutted. You may rebut this presumption by a showing it was a clear day, the road was very wide, there was no traffic, etc. You are not necessarily guilty of speeding simply because you were traveling in excess of the posted speed limit.
Defense - Improper Use of Radar or Laser Device
If you are ticketed with violating the Basic Speed Law and the police officer used a radar or laser device to “clock” your speed the officer must follow certain rules. If the officer fails to follow the rules your ticket may be dismissed. There are too many rules to list her, but when it is established that the officer did not follow these rules your ticket WILL be dismissed.
Defense - No Traffic Survey
There is a requirement that a traffic survey must be conducted to justify the posted speed limit on the street or highway. If there has not been a survey conducted then the road is a speed trap and it is illegal for a police officer to use a radar on that roadway. If you were citied for speeding on such a roadway and the officer used a radar or laser device to “clock” you speed your ticket will very likely be dismissed.
Defense –Posted Speed Limit not justified by Traffic Survey
In some cases, there may be a traffic survey on file but the survey does not justify the posted speed limit. In this case, you may be able to have your ticket dismissed by proving that the circumstances surrounding the stretch of roadway do not warrant the posted speed limit. If this is proven, the road will be considered a speed trap, and your ticket will very likely be dismissed.
Exceeding Maximum Speed Limits
CVC § 22349 embodies the law that prohibits traveling on a highway in California at a speed of more than 65mph UNLESS traveling on a highway with a posted speed of 70 mph. Furthermore, the law prohibits traveling in excess of 55 mph on a two lane undivided highway UNLESS the highway has been posted for a higher speed.
Defenses
Unfortunately, all of the defenses for inadequate traffic surveys and impermissible use of radar are not available for these citations. However, there are still avenues available to fight these tickets, but there are too many to list and will depend on the specifics of your case. To determine whether they may be available to you call me to discuss your case. I will gladly give you a free evaluation of your case.
Punishment
Generally, speeding is an infraction and is punished with a monetary fine. However, the real cost come by the increase in your insurance rates with a conviction. That increase can cost you hundreds, if not thousands of dollars.
Conclusion
You will need a qualified lawyer to evaluate the merits of your case and determine your best course of action. For 150.00 it is not worth the risk. If you have been cited for speeding, contact me. I will gladly give you a free evaluation of your case. I provide quality legal services at an affordable price.