Should my husband declare "not guilty" on his California speeding ticket?

Question

Please read all the details before answering!

My husband was driving his FedEx delivery vehicle home recently and got pulled over for a speeding ticket. The speeding ticket is $1467!!

Here are the officers "facts" (at least what the officer claimed):

-He was clocked going 85mph on a 65mph freeway.

-He was driving a commercial vehicle, which should only be going 55mph

-He was in the fast lane

-The officer gave him a speeding violation and classified his truck as a "trailer bus."

Here are my husbands facts:

-His speedometer only reads up to 75mph. He says he has tried going faster but the truck usually breaks on its own and begins slowing down automatically. So, he may have been speeding and we'll acknowledge that possibility, but is he responsible for not knowing how fast? In all his experiences, his truck prevents going faster than 75mph, and in California, you're rarely pulled over unless you're going over 80mph.

-His truck does not fall under ANY of the commercial vehicle requirements (3 or more axles, 10,001 lbs gross weight, etc), nor is he required to have a commercial license. If you're familiar with trucks, his is a P30.

Has anyone fought a speeding ticket and won?? We'll pay a normal speeding ticket, but we can't figure out how his truck classifies as a commercial vehicle under the guidelines we're given.

Guess that's it. I'll try to add additional info if you need it. TIA.

Answer 1

If you know A lawyer , ask for help ., he needs to keep Ticket off of his driving record , Now that I know who he is working for ,A lawyer for sure!  

Answer 2

Well if he can get the official specifications for the truck then he is in good hands. He also needs a person who had knowledge of these trucks and testify for him. Yes it is possible to win against a speeding ticket but you need get evidence about the claim.

Goodluck to your husband.

Answer 3

Vehicle Code Section 636 has the definition of a trailer bus.  It doesn't seem to describe any Fedex truck I've ever seen.  So he might fight it on that basis.

As for the speeding part, it sounds like the defense is "I was going at least 75, but I don't know if I was doing 85".  Uh, that's a loser.  As the operator of a vehicle, he is responsible for knowing how fast it is going at all times.

I've been driving in California all my life.  You are expected to obey the speed laws and it is not true that you're rarely pulled over unless you're going over 80.  If you are on the freeway, a few miles over the limit but moving at the same general speed as other traffic, you probably will not be cited.  But if everyone is doing 80 and you are out in front setting the pace in the fast lane, you are fair game.

Your husband is a professional driver.  He should not risk his job and his life by driving 20 mph faster than the road is designed.  He should fight the commercial vehicle designation and slow down.

Answer 4

He should admit to speeding if he was but contest the details.

Answer 5

Not knowing how fast he was going is NOT going to help.  Unless he can prove there is a working, tested governor on the truck preventing him going the speed he was clocked at, saying "I don't know, the speedo only goes to 75" will just make the judge throw the book at him.

As to the commercial designation:  It is a FedEx vehicle, with a commercial plate (I assume).  That makes it commercial by definition, doesn't matter what physical type of vehicle it is.

I suppose it's too late, but tell him to slow down.

Answer 6

just plead guilty & pay the fine  court cost will cost you even more & you still wont win