Can I fight a speeding ticket in CA if the officer has written an incorrect speed limit on it?

Question

I was going 70mph in a 40mph zone. However, the officer put 35mph on my ticket. He made a mistake, because earlier on that road there was a 35mph sign. I can prove it with pictures.

What can I do to lower the fine or even get the ticket dismissed?

Answer 1

That still leaves 30mph over the posted limit. You wont get a ticket thrown out for that. The best you can expect is for the judge to take $50 off your $500+ fine.

Answer 2

yes u can i asked my uncle nd he said if he made a mistake ders ur chance to lower da fine

Answer 3

Tell it to the judge.

And slow down!

Answer 4

Don't count on being saved by a technicality.

If you are on the verge of losing your driver's license, higher a local lawyer.

A good lawyer can almost always get the ticket dismissed or, at least, reduced to a lesser charge.

Answer 5

Yes - you can fight it. Will you win? Probably not....

You probably violated CVC section 22350; the fine per the uniform bail schedule is $380 for 26+mph over the speed limit. Since you were going either 30 mph over (per your claim - 70 in a 40) or 35 mph over (per the officer - 70 in a 35), your fine is still the same. You're still guilty of speeding more than 26 mph over the limit.

One more thing - proof of going 70 mph has nothing to do with the posted speed limit.

Most judges in California won't dismiss something like that.

Calif Deputy

Answer 6

Just go to court and tell them the truth. The ticket is for 35 miles per hour and it was a 40 mph zone with no minimum speed posted. He wrote the wrong speed, therefore there is no proof you were going 70. Unless you were going seventy and he wrote 35 mph as the posted speed, then you're just screwed.

Answer 7

Yes you can!!! He radar guns are suppose to be tested and calibrated everyso often. They hardly ever do. So you can argue that the radar gun wasn't accurate. It has worked for me before.

Answer 8

Yes you can lower it because I believe the fine is increased on how fast over the speed limit you went.

Answer 9

Any speeding ticket can be fought and most of the time won, even if you sped. You take it to court and claim that the radar was wrong. The cop won't really want to come in and fight a speeding ticket [unless he's a jerk] and the judge won't really care.

Answer 10

go to court and tell the judge

Answer 11

Tell him the time taken and the distance you crossed .It is easy to calculate the speed which is within the  laid down speed.