Fighting a Speeding Ticket in California
Fighting a speeding ticket in Fresno, California is the same as any other city in southern California. California Vehicle Code is standardized across the state and fighting a ticket will usually require professional representation. However, before you decide to hire representation, get a confidential, free consultation with no obligation from Bigger & Harman. They will discuss the merits of your case with you and advise you regarding the necessity to hire an attorney and the odds of winning your case. That is the ultimate goal, after all, to keep from paying the hefty fine and keep the Department of Motor Vehicles (DMV) from adding points to your license.
In most cases, if you received a speeding ticket for 1-15 mph over the limit, the best way to fight it is with a “Trial by Written Declaration.” Send us an email with the details of your ticket and we will advise you what legal stipulations to address. Saying, “I was only keeping up with traffic, everyone was doing 80 mph and I was the only one ticketed,” is an admission of guilt and the judge will likely just tell where to pay your fine and if your allowed traffic school or not. The same is likely true of saying, “I was only doing 5 mph over the limit. I thought that was a safe speed and I was not going any faster than the others.” Once again, this is an admission of guilt and not very smart. Therefore, you should scan your ticket and attach it to an email attorney@markbigger.com with everything you can recall about the incident and we will advise you how to fill out the FL 300 and send it to the court clerk with your bail amount. You will need to wait 30 to 90 days for an answer, but you won’t need to appear in court. The beauty of the written declaration is that no matter the outcome, you will still have additional options.
If you are found not guilty, the court clerk will refund your bail and you can go on about your business. If the court decides you were guilty, you can still go to court or pay the fine and attend traffic school. If this speeding ticket will put over four Negligent Operator Treatment System (NOTS) points for the year, six within two, or eight within three, you are looking at a suspension and you most likely will want to fight the ticket, particularly if you have a commercial driver’s license (CDL) and suspension will lead to unemployment.
Speeding Ticket on Highway 99 in Fresno
With a few exceptions, such as in Kern County from I-5 to Bakersfield, Kern and Tulare Counties from Olive DR to 198, Fresno to Madera, Visalia to Fresno, and a few other where the speed limit is 70 mph, most of Highway 99 is 65 mph, except for vehicles with trailers and buses with children on board, which are still restricted to 55 mph statewide. Watch for posted lower speed limits and slow down and move over to a non-adjacent lane when you see emergency vehicles. See the specifics on the “Move Over” Law here.
Speeding on SR 41 in Fresno, California
SR 41 is a south and north running highway/freeway from Morro Bay to Fresno, where it turns into the Yosemite Freeway. Also known as, the DDE Memorial Freeway or the Donald Demers Highway and even at one point near Cholame, in San Luis Obispo (SLO) County at the intersection with Highway 46 where James Dean died, is called the James Dean Junction. In most places where it is a two-lane highway the speed limit is 65 mph and exceeding that will get you a speeding ticket. In places where SR 41 has four-lanes the speed limit may be raised to 70 mph, but it is best to watch for the posted speed limit. Any roadway with just one lane going in both directions the speed limit is 55 mph statewide.
Bigger & Harman, APC.
In most cases, when you get a speeding ticket, it is advisable to pay the ticket and take advantage of traffic school to keep your record clean and your “good driver” discount for automobile insurance. However, there are circumstances when it is prudent to stand and fight. When that happens, you want one of the best legal teams in SoCal in your corner. Bigger & Harman are traffic ticket defense attorneys who do not practice any other type of law. They are there in traffic court defending California drivers, particularly truckers who are often “picked on” by the system. Truckers spend an average of 70 hours out of an 8-day period in their trucks making sure we have the goods we need.
After one court session in Bakersfield that Mark Bigger was observing waiting for his client’s turn. The defendant was charged with 100 mph speeding ticket and chose to represent himself. After he was found guilty the Judge asked, "Do you have your license with you? If so, surrender it to the bailiff. Your license is suspended for 30 days." Do not let this happen to you. Obey the law.
Call Bigger & Harman today, 661-349-9300. Or, send them an email today, attorney@markbigger.com.
En español, llame al 661-349-9755.