The first thing you need to know is that when disputing a speed contest charge, you need a traffic attorney with trial experience, as it is a misdemeanor crime.
Disputing a speed contest charge can be challenging, but it's essential to follow the right steps to present your case effectively with the assistance of a knowledgeable and experienced attorney.
CA Vehicle Code (VC) 23109, Driving Offenses, describes a speed contest as:
“(a) A person shall not engage in a motor vehicle speed contest on a highway or in an off-street parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limits, is not a speed contest.”
Here are a few suggestions to help you in the process:
#1 — Consult with an Attorney: Before making a statement to a law enforcement officer (LEO) or an officer of the court, always consult an attorney and have an attorney present during questioning. Many drivers think that because it is a driving offense, they don’t have the same rights as a criminal offense. However, even traffic crimes carry constitutional rights and you can “exercise your right to remain silent.”
#2 — Gather Evidence: Collect all relevant evidence that supports your defense. This may include photographs, videos, witness statements, or any other documents that can prove your innocence.
#3 — Understand the Law: Familiarize yourself with the specific laws and regulations related to speed contests in your jurisdiction. Take notes while consulting with an attorney so that you can help them with your defense. Knowing the legal framework will help you build a persuasive argument with the help of an attorney. Remember, this is not a minor traffic infraction with a fine only. This allegation is a misdemeanor offense with possible jail time or probation.
Cornell Law School’s Legal Information Institute (LII) WEX Definitions: Misdemeanor states:
“A misdemeanor is a type of offensepunishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail. Probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors.”
What a Traffic Attorney with Trial Experience Will Do for You
You can expect the following things from a traffic attorney with trial experience. They will:
Challenge the Evidence: If the evidence against you seems questionable, they will challenge it. For example, if the speed measurement device used by law enforcement was not properly calibrated, it could cast “reasonable doubt” on the accuracy of the charges. Remember, “…if the vehicle does not exceed the speed limits, is not a speed contest.”
Question Witnesses: If there were witnesses to the alleged speed contest, an experienced attorney will interview them to gather information that may support your case. Their statements could be crucial in disputing the charges.
Present a Different Narrative: They could craft a compelling narrative contradicting the LEO and prosecution's version of events and explain any circumstances that may have led to a misunderstanding or misidentification of your involvement in a speed contest.
Negotiate with the Prosecutor or Judge: Your attorney can negotiate with the prosecutor or judge to explore the possibility of reduced charges or a plea agreement that may be more favorable to you. Sometimes the District Attorney can be convinced to lower to a lesser offense like a VC 22106 (unsafe start) infraction. When the circumstances do not meet the elements of a misdemeanor, the judge might suggest charging you with an infraction. If so, you and your attorney must agree to the reduced charge.
Submit all Required Documents: A knowledgeable attorney will submit the documents required for discovery, including the LEO’s statement and subpoena expert witnesses, calibration records, etc.
Attend Court Hearings: Your attorney will attend all scheduled court hearings, including those to file or argue the prosecution’s motions. They are punctual and respectful during the legal proceedings to make a positive impression, and you must be as well when they require you to attend.
Be Prepared for Trial: If a resolution cannot be reached through negotiations, your attorney will help you build a compelling case and present your defense effectively in court.
Remember that disputing a speed contest charge can be complex, and the outcome may vary depending on the specific circumstances of your case and the laws in Kern County.
Consulting with an experienced attorney is often your best course of action to navigate the legal process and seek a favorable resolution.
Never listen to the advice of an individual who is not a member of the California Bar Association. Naysayers may convince you that self-representation is your best method of gaining sympathy from the court. This advice could land you in the Kern County Jail or on probation with a massive fine. Always consult an attorney.
Consult with Bigger & Harman About Disputing a Speed Contest Charge
Contact Bigger & Harman at 349-9300 about disputing a speed contest charge. Every situation is different. We are experienced traffic attorneys with trial experience.
For assistance, use our convenient-to-use contact form or email attorney@biggerharmanlaw.com in Kern County, CA.
Se habla Español (661) 349-9755.
References:
CA VC 23109, Driving Offenses.
Cornell Law School LII WEX Definitions: Misdemeanor.