Fight Speeding Ticket

Speed traps are tools for enforcing speed regulations.   The goal to deter fast traffic for safety reasons and/or maximizing revenue through speeding tickets. We have seen police officers hidden from motorists’ view on several road locations holding speed radar guns waiting for would be violators of the speed limit. In recent times, the position occupied by uniformed officers has been replaced by speed cameras that record information of speeding violations.

Speed traps have been used by governments for years. Ever since the radar gun came out, law enforcers have jumped on the opportunity to entrap motorists for violating speed limits that are often absurdly low by standards. At times, confusing or the lack of traffic/speed limit signs contribute to woe of motorists and are used extensively by uniformed officers to extort costly speeding tickets.

However, unlike other cities, California traffic law treats speed traps differently. According to California law, evidence obtained from speed traps is not admissible in court. Law enforcers need to prove at trial that you have been speeding by presenting certified engineering surveys justifying the posted speed limits. Moreover, the law considers the operation standards of devices and the police officers’ training.

Among the pertinent facts about speed traps in the California Vehicle Code (CVC) include the following:

40801 – Speed Trap Prohibition “”No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.”

40802 – Speed Trap Definition A “speed trap” is either of the following: (a) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.”
However, instead of just repealing the current laws on prohibiting the use of speed traps, the new proposed legislation tries to maintain the appearance of fair play by including the provision that speeding tickets can only be issued in areas where speed limits are too low by a police officer who would testify that the motorists’ actual speed was indeed unreasonable.

If you wish to contest the ticket, you must go to court in the county that issued it. So if you got zapped for speeding on the way home to Los Angeles from Vegas, you’ll have to trek back up for your trial.

To cut down trips to the court, 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.

If you do go in for your first court session, it’s called a “preliminary hearing” and lets you enter a plea.

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 consider hiring an attorney who specializes in traffic violations.

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.

If you just plan on paying the fine and perhaps attending traffic school to wipe points on your record, there’s no need to go to court. You can take care of your ticket by mail or online; all the contact information should be printed on your ticket. If it’s not, call the traffic court in the issuing county.

You don’t have to go to court unless you plan to contest the ticket, or got a misdemeanor violation.

Traffic School

Some traffic tickets can be resolved by attending traffic school.

You may then have the option of attending traffic school to erase the points on your license. Many are even offered online.

You will be charged a traffic school fee, which is usually the same amount as the fine would be. Then, submit your completion certificate to the court. If you’re usually ticket-free, the points shouldn’t even show up on your record.

If you had a more serious infraction (a two-point infraction), you won’t be able to take traffic school to dismiss the charges.

When a peace officer signals you to pull over, do so at the next safe spot on the shoulder or roadside. The officer will approach the passenger side of your vehicle and ask for your driver’s license, vehicle registration, and proof of insurance.

In most cases, the officer will write you a traffic ticket and ask you to sign it before he gives you your copy. By signing, you are not admitting guilt; you are simply agreeing to appear in court. The appearance date is noted on the front of the ticket.

An infraction is the breaking of a law. If an officer witnesses you fail to stop at a stop sign, drive above the speed limit, or make an illegal U-turn, for example, you will be given a ticket with a notice to appear in court or pay a fine.

Misdemeanors are more serious crimes such as driving without a license, drag racing, DUI, and reckless driving. If you are ticketed for a misdemeanor, you are required to appear in court. You could get jail time―so you might want to hire an attorney to assist you with your case.

Infractions are tied to a point amount and once you get too many points on your driving record, or in some cases when the violations are extreme in nature, the courts or the DMV can suspend or revoke your driver’s license. If you do not know the status of your license, you can order a copy of your driving record.

No one likes getting a ticket.  When we first get one, we are consumed with different types of emotions.  Those ranging from pissed off to no way this isn’t right.  Regardless of the reason or circumstances the first thing that you need to do is look at the ticket.

Read your “Notice to Appear”.  There you will find:

• The name of the court that will decide your case;
• The deadline to pay the ticket or go to court; and
• What you must do to respond to the ticket.

The Court’s address is on your “Notice to Appear”.  If it’s not on your ticket, you can find the address for your local court on the Web.

For a “Notice to Appear” ticket, call the court listed on the ticket or look for the Traffic Department in the Government Pages of your phone book.  Or get their phone number from the court’s website.

If you got a ticket for an infraction like running a stop sign, you can probably do everything you need by mail.