If I got a speeding ticket for 42 mph in a 25 mph zone but I believe that I was going around 30-35 mph, is the ticket is worth fighting?
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If I got a speeding ticket for 42 mph in a 25 mph zone but I believe that I was going around 30-35 mph, is the ticket is worth fighting?
When I went back to where the patrolman was parked. I saw that where he was, his view was obstructed by a light pole and trees; it was hard for me to even see the cars coming down that street. Also, when I went back to see where the patrolman was parked, I saw that he was parked in a “No Parking Anytime” lane. Would this help in anyway if I decide to fight it?
Asked on July 3, 2015 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
"Fighting" is likely not going to help: judges essentially always believe the officers, so if the officer testifies that he saw you and clocked you with a radar/lidar gun, you're not going to win. And where the officer parked ("no parking") is irrelevant.
But it is worthwhile to show up to court, especially with an attorney: if you otherwise have a clean driving record and show some contrition, the prosecutor will often agree to let you plea to a lesser offense. Sometimes they'll also let you avoid points on your license by agreeing to an offense with a higher fine and/or by agreeing to take a defensive driving course. An experienced lawyyer who knows the court will maximize your change of negotiating to a good outcome. So do appear for court, but take the attitude and approach that you're there to negotiate/settle, not fight.
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