To answer this question accurately, we must look at the entire scenario surrounding the speeding ticket.
Typically, when a law enforcement officer (LEO) stops you, they will ask, “Can I see your license, registration, and proof of insurance?” Let’s say you cannot find your proof of insurance at that time, nor do you have access to it on your phone or mobile device. In addition to the speeding ticket, you could get ticketed for no proof of insurance, which could be a “fix-it” ticket if you can show proof later that you had insurance at the time of the stop.
The LEO might then ask, “Sir or Ma’am, do you know why I stopped you today?” or they might ask, “Do you know how fast you were going?” The driver should keep in mind that the LEO is likely wearing a body camera, which will record your response. When you reply, “I think I might have been going a little over the speed limit, or I was going around 80 mph,” your answer might hamper an attorney’s ability to challenge your speeding ticket because you admitted to speeding.
Your Speeding Ticket & Constitutional Protections
If, however, the LEO says, “I am going to give you a break and not give you a ticket for speeding. But I will have to write you a ticket for no proof of insurance.” The LEO really did give you a break because by law, they cannot stop you for the sole purpose of determining if you have the minimum auto insurance coverage. That could be considered an illegal search.
The same is likely true for violating the Governor’s “Stay at Home” Order. It would depend on the wording of the order, whether an officer could pull you over to determine if you fall under the 16 areas of “critical national infrastructure” or enable these functions defined in the order.
Likewise, the order allows an individual, “…to get food, care for a relative or friend, get necessary health care, or go to an essential job.” Therefore, if you go out, it should be only for those reasons.
However, we do know the Governor’s order states, “…individuals who violate the Order can be prosecuted for a misdemeanor offense and, if found guilty, receive fines, imprisonment, or both.” Therefore, the speeding ticket could be the least of your worries if charged with violating the Governor’s order since speeding is an infraction, and the order is a misdemeanor. You should consult with a traffic attorney.
Speeding Ticket Attorneys Who Appear in Inyo or Mono County in the Owens Valley, CA, Area
Although most CA counties, including Mono and Inyo County in the Owens Valley in Eastern CA have suspended traffic court actions for 90-days, it is imperative to check the status of your court date. Likewise, it could be helpful to hire an attorney to gather and preserve evidence. Call Bigger & Harman, (661) 349-9300, if you get a speeding ticket out there on I-395 or any other in the Owens Valley area. Se habla Español (661) 349-9755.
We could also assist you at a DMV NOTS hearing. Although the law does not require you to have a lawyer for the hearing, traffic attorneys hear many ticket cases and know which can get removed from your record. Likewise, if there’s a questionable accident fault which added a point to your record, we can interview the investigator or conduct an independent investigation.
Email: attorney@biggerharmanlaw.com.
References:
The 2020 CA Driver Handbook.pdf
The KTLA article, L.A., O.C. courts grant grace period for traffic infractions amid coronavirus
The Natlawreview article, COVID-19: California Institutes Statewide “Stay at Home” Order to Combat COVID-19