Legal Question in Traffic Law in California

I am a 17 year old male, and I just received a speeding ticket driving on the freeway. The police officer claimed I was traveling 86 mph (not based on radar, but apparently him pacing me). I know I was not traveling over 75-80 mph, and cars nearby (in particular one car in front of me) were traveling 5-10 mph faster. I intend to contest the ticket, but I am not sure the best way to go about fighting it.

This information (I hope) should help: the officer made a couple of surprising errors on my ticket. First, he began to write the time of day, then crossed it out and wrote it again, apparently having made an error. Then, he wrote my birth date under "Race/Ethnicity," then had to cross THAT out and write it in the correct space. Most grievous (and what I am hoping will allow the ticket to be thrown out completely) is that he put a check mark under the category "Superior Court," and not "Juvenile." The back of the ticket plainly states: "JUVENILE: If you were under the age of 18 at the time the citation was issued, you must appear in court with your parent or guardian." From this and previous experience, it was my understanding that as long as you are under 18, you appear in juvenile court. If this is the case, it is quite a bizarre mistake, as he even had to write "17" under age and even wrote my birth date twice.

I need this ticket thrown out badly, as I have already endured one speeding infraction (last summer) and truly know that the officer was not correct in his judgment. Thank you in advice for your guidance.


Asked on 2/07/10, 10:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you yourself admit you were going at least 75 mph in a 55 or 65 mph zone, how is the officer wrong in giving you a speeding ticket? Others may have been going faster but you still broke the law. The court will not throw out the ticket for a mistake not directly related to the underlying barred action; which court he marks has nothing to do with whether he saw you speeding. Did you violate other traffic regulations, such as not having an adult in the car, etc. If you have been caught twice in udner two years, you do have a major problem, namely you are an unsafe driver. How many times were you speeding and were not caught? If you keep this up you better hope that they take away your license before you get in the accident that will seriously injure people.

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Answered on 2/13/10, 8:51 pm


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