It's a familiar movie or TV scene. The law enforcement officer (LEO) on a motorcycle stops a car for speeding, and the driver tells the LEO he is rushing his wife to the hospital because she is in labor. The LEO lets them go with a warning, and she throws the basketball into the back seat, and they speed off.
A speeding ticket conviction in CA can be costly, the fines are some of the highest in the nation. However, the fine is a one-time expense. A conviction comes with at least one Negligent Operator Treatment System (NOTS) point. When your auto insurance company sees the conviction at renewal, your “Good Driver’s Discount” is gone for at least three years, seven years if you were going over 100 mph.
Then your insurance company will place you in an increased risk category, depending on your speed, you could see a rise in premiums of 20-25 percent beyond the 20 percent you already lost from your good driver discount.
When you look at it logically, there’s really no reason not to hire a speeding ticket defense attorney because paying the fine is going to cost you around $2000 over three years. Another logical reason to get an attorney is that according to the Bureau of Judicial Statistics (BJS) website, 95 percent of those with a traffic ticket who hire an attorney get a dismissal or reduced charge. Surely, paying a speeding ticket attorney a few hundred is preferable to $2000 and a smear on your record, which could cost you a coveted promotion or position at work.
Before we get into the five reasons drivers give for speeding, here are three plausible reasons:
- You used excessive speed due to a genuine emergency or to avoid a road rage incident.
- According to the "prima facie" speed law, you can show your speed as prudent or reasonable.
- There was something wrong with the way the officer determined your speed. These are usually technicalities such as the officer was not trained on the device they used, or the device was not properly calibrated.
Many barroom lawyers will tell you that you do not need an attorney in these cases. You just go to court and tell the judge the truth, and “the truth will set you free.” Whereas that is a nice proverb or adage, it rarely works that way in traffic court.
In traffic court, you only have a few minutes to tell your side of the story, if you start stammering or lose your train of thought because of nerves, many traffic court judges will shut you off, and say, “Guilty, you can pay the court clerk on your way out.”
#5 Reason Given for Speeding — I Was Going Down a Hill
This rarely works. Use your brakes or lower gear when going down a hill. You must be in control of your car at all times while driving. If you get a ticket and that is your excuse, there will likely be no sympathy. It has been tested many times here in Bakersfield and by truckers on the Grapevine. However, when ticketed, talk to a speeding ticket attorney about a feasible defense.
#4 Reason Given for Speeding — I Have to Find a Bathroom
This is a common excuse because a lot of people are given grace in this situation. However, if you were driving way over the speed limit you will likely have to hold it while the LEO writes the ticket or tickets.
If, however, you were only going a few miles an hour over the speed limit, you might still get a ticket or let go with only a warning. If you do get a ticket, talk to a speeding ticket defense attorney to dispute the ticket.
#3 Reason Given for Speeding — I Didn't Know the Speed Limit
Ignorance is not always bliss, nor is it justification for wrongdoing. Despite that, this is one of the most popular excuses LEOs in California hear from speeders. Knowing the speed limit is part of being a responsible driver. When you don’t know the speed limit and there is none posted, you can always fall back on state’s basic speed law CA Vehicle Code (CVC) 22350, Speed Laws, for what is prudent and safe.
#2 Reason Given for Speeding — I Was Keeping Up with Traffic
This excuse actually has some merit, as the LEO doesn’t stop most of those going 80 mph or better on the I-5 or SR-99. If traffic is moving along smoothly and everyone is doing about the same speed, who is that one officer going to single out to ticket? But that does not mean it is a legal defense, particularly on freeway or highways.
#1 Reason Given for Speeding — I'm Late to Get Somewhere
The most common excuse for speeding. “I'm sorry I was speeding officer, but I was late for an interview…” work, school, appointment, etc. California LEOs, or LEOs anywhere for that matter, don't care if you are late to get to an appointment, work, or school. You should have planned better. When you do get ticketed, talk to a speeding ticket defense attorney about disputing the ticket.
Consult a Speeding Ticket Defense Attorney for Kern County
The expenses of getting convicted for speeding are high and go beyond the possible $500 fine. You owe it to yourself to consult a speeding ticket defense attorney to keep your record clear and avoid a substantial increase in insurance premiums. Call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755.
Of course, if you get a ticket and feel as though it was unjust or you were entrapped, you should talk to us about challenging it rather than paying the fine and increased insurance. It’s much cheaper in the long-term, and you might get a dismissal or reduced no-point conviction. We can help you with your legal questions and assist you through the process. We can also keep you out of court by representing you without your presence.
Send us an email, attorney@biggerharmanlaw.com.