It’s a clear sunny day, one that reminds us of why we love living in Southern California. There’s a slight breeze blowing and you’re enjoying the rarely quiet and traffic-free street until you hear the dreaded sound of a police siren behind you. You look up and to your surprise (and mortification), you see the flashing red and blue lights of the California Highway Patrol. You quickly pull over and brace yourself.The officer walks up to you and tells you that he caught you speeding and that his radar recorded your speed at 43 m.p.h. while you were in a residential zone. Were you really driving that fast on that quiet suburban street? Could it be that you missed a marked black and white CHP vehicle? Where’s that rewind button when you need one?
Don’t worry just yet. There is a way to fight those pesky radar tickets! With a little bit of research and some worthwhile time spent disputing the ticket, you may be able to get the citation dismissed, avoid paying the fines and penalties associated with the ticket, avoid traffic school, and avoid an increase in your insurance premiums. If that sounds attractive to you, read on.
If you got a speeding ticket and there was a radar involved, you most likely got cited for violating Vehicle Code Section 22350. A copy of the California Vehicle Code can be found on the Department of Motor Vehicles website: www.dmv.ca.gov. Vehicle Code Section 22350, also known as the “Basic Speed Law,” states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
To fight this ticket, you should dispute this ticket by filing a Request for Trial by Declaration (Form No. TR-205). This form is available to you either via a request to the Court when you post your bail (necessary to dispute your ticket) or via the following website: www.courtinfo.ca.gov/forms/. It’s a relatively simple form to complete; however, you need to provide a brief statement about the facts surrounding your citation (such as when you were cited, location where you were cited, driving conditions, etc.) and the law(s) supporting your claim that your citation should be dismissed.
There may be several different legal bases to dispute your citation. Keep a lookout for our next newsletter to see if it fits your situation.
Don’t worry just yet. There is a way to fight those pesky radar tickets! With a little bit of research and some worthwhile time spent disputing the ticket, you may be able to get the citation dismissed, avoid paying the fines and penalties associated with the ticket, avoid traffic school, and avoid an increase in your insurance premiums. If that sounds attractive to you, read on.
If you got a speeding ticket and there was a radar involved, you most likely got cited for violating Vehicle Code Section 22350. A copy of the California Vehicle Code can be found on the Department of Motor Vehicles website: www.dmv.ca.gov. Vehicle Code Section 22350, also known as the “Basic Speed Law,” states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
To fight this ticket, you should dispute this ticket by filing a Request for Trial by Declaration (Form No. TR-205). This form is available to you either via a request to the Court when you post your bail (necessary to dispute your ticket) or via the following website: www.courtinfo.ca.gov/forms/. It’s a relatively simple form to complete; however, you need to provide a brief statement about the facts surrounding your citation (such as when you were cited, location where you were cited, driving conditions, etc.) and the law(s) supporting your claim that your citation should be dismissed.
There may be several different legal bases to dispute your citation. Keep a lookout for our next newsletter to see if it fits your situation.
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