Legal Question in Traffic Law in California

Best way to fight traffic ticket

I am fighting a traffic ticket, Violation Code is 22350, unsafe speed for conditions, heavy fog. i was written up for going 50, speed limit was 35, safe speed was 30 according to officer. He paced me, there no radar involved, radar section of ticket is blank. My argument -- it was midnight, no other cars or pedestrians in the vicinity, I was heading home, going 35, when all of a sudden I saw bright headlights tailing me. No police lights or siren. I got nervous since a friend had been car stalked recently in the area, sped up a bit, the car tailing me sped up. When I hit 50, the policeman revealed himself and pulled me over. he claimed he paced me going 50.

two questions:

1) I am trying to decide between a trial by declaration with the right to a court trial appeal if I lose with the officer present, or a summary trial without the officer just me and the judge.

2) Is entrapment the best way to fight this?

Thanks...


Asked on 8/14/03, 2:34 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Best way to fight traffic ticket

Nolo Press publishes How to Fight Your Traffic Ticket. You can get the book on line with a credit card. This book has informaation on numerous defenses.

Entrapment and/or necessity, that is your fear for you life. The problem is explaining why you did not recognixe the police officer before the activated his emergency lights.

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Answered on 8/24/03, 1:24 pm


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