At Bigger & Harman, APC, we offer legal assistance to drivers charged with traffic offenses such as speeding, which includes going over the presumed unsafe speed.
A speeding ticket can quickly become expensive and lead to points on your driving record, which often results in higher insurance rates.
If you've been ticketed for speeding, our Fresno County speeding ticket attorneys can assist you in fighting your case and help you avoid penalties. We are committed to protecting your driving record and keeping it clean.
Understanding Presumed Unsafe Speed
In California, speeding offenses often fall under the category of presumed unsafe speed violations.
These presumptions often mean that even if you are driving at or below the posted speed limit if road conditions deem your speed unsafe, you could still receive a ticket. Fighting these tickets can be complicated, but our team has the expertise to help you navigate the system.
The CA Vehicle Code (VC) Section 22350, Speed Laws, is the basic speed law in California and 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.”
That often means that a law enforcement officer (LEO) presumed the driver exceeded what they presumed was faster than what was “reasonable and prudent” given the weather or road conditions.
Penalties for Speeding
By hiring a knowledgeable speeding ticket attorney from Bigger & Harman, APC, you may be able to avoid penalties such as:
Excessive fines
Points added to your driving record
Increased insurance premiums
Driver’s license suspension
Loss of driving privileges
The driver could possibly avoid these penalties by hiring a lawyer to provide the judge with “reasonable doubt” that the speed was unsafe.
How Much is a Speeding Ticket in Fresno County?
Speeding is one of the most common traffic offenses in California, and tickets can be costly. A common speeding ticket in California can be around $500, which includes a $35 base fine.
The base fine was the original fine when the statute was written in 1959, but ten assessments, penalties, and assessments, such as DNA testing, court construction, and others, have been added since.
Additionally, if you're caught speeding 1-15 MPH over the limit, your insurance will increase by $288 annually for the next three years. If your ticket is for 16-29 MPH over the limit, that number jumps to $317.
Further, if your insurance provider removes your 20% “good driver’s discount,” your premium could increase by $700 or more.
Speeding 100+ MPH
If your presumed unsafe speed violation involves driving over 100 mph, it's essential to consult with a traffic attorney immediately. Speeding over 100 mph can carry severe penalties, including:
A mandatory court appearance by your or an attorney (Fresno commonly waives this, but if you pay the ticket, you get the consequences of it being on your record for 7 years and the higher insurance costs)
A fine starting at $859
A suspended license for up to 30 days (first offense)
Two points on your driving record for seven years
Increased insurance costs (often double or triple the original premium)
Every moving violation adds points to your license.
If you accumulate four points within a year, six points in two years, or eight points in three years, the DMV can suspend your license under the Negligent Operator Treatment System (NOTS).
Why You Need a Traffic Attorney for a Presumed Unsafe Speed Violation
Hiring a traffic attorney to represent you for a presumed unsafe speed violation can make all the difference.
An experienced attorney can analyze the evidence, challenge the conditions under which you were cited, and argue your case in court.
Legal representation can help reduce fines, prevent points from being added to your record, and ultimately protect your driving privileges. An experienced attorney will also handle court appearances on your behalf, saving you time and stress.
Do I Need an Attorney for a Speeding Ticket?
Deciding whether to hire an attorney depends on the specific circumstances of your case.
Consider the severity of the ticket, the potential impact on your driving record, and your goals in contesting it.
Here are some reasons to consider hiring a lawyer:
Severity of the offense: Tickets for speeding significantly over the limit or those involving accidents often require legal representation.
Impact on your driving record: Multiple speeding ticket violations can result in increased insurance rates, license suspension, or other penalties.
Legal experience: An attorney can review the evidence and help you decide how best to contest your ticket.
Time and convenience: If you don’t want to handle the paperwork and court appearances, an attorney can do it for you.
Is It Worth Hiring a Lawyer for a Speeding Ticket?
Whether or not it's worth hiring a lawyer depends on several factors, including the cost of the ticket and the potential consequences.
Consider these points:
If the ticket is only a few hundred dollars, hiring an attorney may not be worth it. However, legal representation may be beneficial for tickets over $1,000.
If losing your case could result in significant penalties, such as license suspension, job loss, or jail time, it’s worth considering a lawyer.
It may be worth fighting the ticket with an attorney's help if you have a strong case. However, if the odds are against you, it might not be worth the expense. Although, an attorney can often request Traffic Violator School (TVA), which is not normally authorized due to your speed (25 mph+ requires a traffic court judge’s permission to attend).
Regardless of the circumstances, you should always consult an attorney.
How Can Speeding Affect My Insurance?
A presumed unsafe speed violation can significantly impact your insurance rates.
Even after paying the fine, your insurance premiums could rise, leading to long-term financial consequences.
Consulting a local traffic attorney can help you mitigate these costs. We know the Fresno County courts and can provide the knowledge and experience required to fight your ticket.
Fresno County Traffic Lawyers at Bigger & Harman, APC
As members of the California Traffic Defense Bar Association, our firm focuses on defending drivers against speeding ticket violations and other traffic offenses.
We’ve been featured on local law programs for our legal knowledge, and with over a decade of experience, we are equipped to protect your driving rights.
If you receive a ticket for presumed unsafe speed, it’s essential to know that you have options. Our Fresno County attorneys have extensive experience with traffic law and can help you reduce or dismiss the charges.
Benefits of Hiring a Speeding Ticket Lawyer
The benefits of hiring a speeding ticket attorney include:
Proven knowledge of traffic laws
Potential reduction or dismissal of charges
Avoiding points on your record
Reducing fines and penalties
Saving time by handling the legal process for you
Possible TVS attendance to keep your conviction confidential from your insurance provider, which could save hundreds in raised premiums.
Don’t let a presumed unsafe speed violation impact your driving record and insurance rates.
Contact our Bakersfield office today to schedule a consultation with one of our experienced attorneys.
For Questions About the Presumed Unsafe Speed, Consult Bigger & Harman, APC
Are you ready to dispute your presumed unsafe speeding citation? Call our office in Bakersfield to speak with one of our Fresno County speeding ticket lawyers at (661) 349-9300—Se habla Español (661) 349-9755, or contact us online for a free initial consultation.
Email: attorney@biggerharmanlaw.com.
References:
The CA Driver Handbook English y Español.
CVC Section 22350, Speed Laws.