Why would fighting your speeding ticket be unethical? Just because it is considered an infraction does not relieve the state of its responsibility to prove guilt “beyond a reasonable doubt.” However, the notion of guilt or innocence is irrelevant. Those who hire a traffic ticket attorney and challenge a traffic ticket get a dismissal or reduced charge 95 percent of the time, according to the Bureau of Judicial Statistics (BJS). Of course, every court and situation is different.
The trick is to get an experienced attorney who knows how traffic court works. What’s more, you do not have to be rich to hire a traffic lawyer. In most cases, you can hire a lawyer for less than you will pay for the fine and increased auto insurance. When you pay the fine, there is only one possible outcome, a conviction.
When you hire a lawyer, you could get a dismissal or reduced charge, as mentioned above. Many judges will allow a plea to a no-point conviction to reduce the strain on the court’s schedule. You will still pay a fine, but you will save the most significant expense, which is an increased insurance premium.
CA Vehicle Code 22350, Speed Laws
The entire verbiage of the prima facie speed law CVC 22350, states, “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.”
Is going 65 or 70 on a clear day with minimal traffic unreasonable? The visibility is clear, and there are four or five lanes. What makes 75 or 80 any more dangerous than 65 when many other drivers are going that speed?
In many cases, it is more dangerous to go much slower than other traffic. What makes it ethical for the state to collect a week’s pay or more from you for keeping up with other drivers? Not to mention what the insurance company will take from you.
The Truth about Fighting Your Speeding Ticket
The sad truth is, 95 percent of those who receive a ticket simply pay the fine. That’s not very wise considering the facts. The fine itself is usually only one-fourth of your actual expense when you pay the fine. The average for a speeding ticket is $250-$500. The other three-quarters goes to the auto insurance company, to which you have been loyally paying monthly or annually premiums. Then, one paid fine or conviction results in a much higher premium. Is that ethical?
Suppose the RADAR or Laser device the law enforcement officer (LEO) used to capture your speed did not get calibrated recently? An uncalibrated device might not work correctly. What if the LEO did not receive training on the device? Especially with the new LIDAR devices, they could easily program it wrong so that it comes up with a false reading. These are all things an experienced traffic lawyer will look into before fighting your speeding ticket.
Consult a Traffic Ticket Attorney about Fighting Your Speeding Ticket
Call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755. We are proud to serve the people of Kings County and often appear in Hanford County Traffic Court to help resolve speeding tickets.
Give us a call before you make a decision about fighting your speeding ticket. Although there are many technicalities when it comes to traffic tickets, we cannot guarantee a dismissal or reduced charge. Especially in Hanford, it is a tough court that many attorneys try to avoid.
Send us an email, attorney@biggerharmanlaw.com.
References:
The BJS website
CVC 22350, Speed Laws