Legal Question in Traffic Law in California

Posted Speed Limit

I recently received a ticket. The ticket states approximately 54 MPH in a 40 MPH posted speed limit with a safe speed of 40 MPH.

The officer is incorrect as the posted speed limit is 45 MPH. Conditions were clear, sunny and dry with no other vehicles on the road and no pedestrians.

While I may still have been in excess of the posted speed limit does the officers error help me at all if I appear to contest the ticket?


Asked on 8/16/06, 10:31 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Posted Speed Limit

"Fight Your Traffic Ticket" by Nolo press will provide you with information regarding how to prepare your defense in this case. First the police officer must present evidence that you were driving faster than the posted speed limit. Once this is done then the burden falls on youprove that you were driving at a safe speed.

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Answered on 8/28/06, 12:24 am
Jay Leiderman Leiderman Devine LLP

Re: Posted Speed Limit

In short, usually not. You have to basically prove that you were driving safely for the conditions, whereas the 9 miles over the speed limit will work against you. It's still worth the effort to show up, bring in a picture of the posted speed limit, and research if there have been any traffic surveys done in the area you were stopped. Some chance of winning is better than no chance at all. Good luck.

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Answered on 8/16/06, 4:16 pm


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