Fighting a Speeding Ticket in California Without Costly Points

Fighting a Speeding Ticket in California

Being caught for speeding in California can be a frightening experience, often prompting questions about the legal consequences and how to avoid points on your driving record. Should you fight it, and if so, under what conditions will you be successful?

Chances of Winning in Court

When you are found not guilty by the traffic court judge, you will not have any points added to your driving record. If you plead guilty, but prove that you attended a traffic safety course, you too may avoid these points. The key to avoiding points is to present strong evidence that you were not speeding at the exact location where the ticket was issued.

The Two Options

There are two main paths to consider when faced with a speeding ticket in California. Which one you choose will depend on your circumstances and goals.

Cheaper but More Time-Consuming Option

This route involves paying the fine and attending traffic school. California allows ticket removal through traffic school. However, the cost of traffic school may vary, and you must be willing to dedicate the necessary time and money to this process. Successfully completing traffic school might save you points, but it is not a guarantee.

Expensive but Time-Efficient Option

The more expensive but faster route is to negotiate with the prosecutor. You can either do this yourself or hire a lawyer to represent you. The goal is to agree on a non-moving violation that does not result in a point addition to your record. The prosecutor may accept an alternative charge, such as a defective speedometer, illegal window tint, or littering. As a professional truck driver, you must report any ticket to your employer, and some of these charges might remain on your Motor Vehicle Record (MVR).

Legal Burden of Proof

When you fight a speeding ticket, the government carries the burden of proving your guilt. You do not need to prove your innocence; you can present any exculpatory evidence that you have. Just like in a trial with a jury, your evidence can be questioned or attacked. Courts may scrutinize your evidence, asking questions like:

How can the court know the video proof was taken during the date and time the officer said you were speeding, not 10 seconds earlier or later? Is the entire unedited video of your speed available for viewing?

If you have solid video or witness proof, you may be able to win the case. A successful defense could result in no points being added to your driving record.

Additional Tips for Successful Defense

1. **Document the Incident**: Take photos or videos of the speeding ticket, your vehicle, and any witnesses present. These can be crucial pieces of evidence.

2. **Understand the Laws**: Familiarize yourself with California's traffic laws, as knowing the exact definitions of violations can help in your defense.

3. **Seek Professional Help**: If the situation is complex, consider consulting with a traffic lawyer who specializes in California traffic laws.

4. **Check the Fines and Fees**: Verify the exact amounts and requirements for traffic school to ensure you fully understand the costs involved.

By understanding these key points, you can better prepare to fight a speeding ticket in California and potentially avoid costly points on your driving record.