CA traffic court rules, can I get a ticket dismissed if it states my speed was 30 in a 45

If the ticket, on its face, says that you were traveling 30 mph in a 45 mph zone, it will conflict with with another portion of the ticket that the officer wrote citing you for violating the Vehicle Code, generally something in the range of California Vehicle Code Sections 22348 - 22366, or Sections 22400 - 22413. The ticket will contain a facial error, and those are tough for the officer, WITHOUT YOUR HELP (read below) to overcome in court.

Whether the ticket is dismissed is going to depend on the judge, and your argument. You'll have no control over the judge you get, but your argument is completely within your control. As for that argument, you'll have two bites at the apple.

In most cases, you'll be directed by the court before the hearing to go outside and exchange evidence you have with the officer, and vice versa. At that time, you can ask that the officer agree to dismiss the case since the ticket is facially in error, and I presume you disagree with his/her assessment of whether you were speeding. If the officer agrees (which would seem like a a better approach than having his/her facial error exposed in open court), then ask the officer to tell the clerk the he/she want to dismiss your ticket "in the interests of justice." Hopefully the clerk will get you up first so that the judge can formally dismiss the case and you can get your bail money back. DO NOT LEAVE THE COURT UNTIL THE JUDGE INDICATES THAT YOU CAN GO.

If the officer refuses to dismiss, then your argument at your trial will be that you agree with the officer that you WERE going 30 in the 45 zone (presuming that is true...never lie in court), and that the ticket is on its face in error for citing you for traveling within the speed limit. If the officer, when he/she cross examines you, asks whether you were going ABOVE the speed limit, consider your response. You're being asked to self-incriminate yourself, and your argument (if honest) is that you were not speeding. We're I defending you, I'd object at that point to the question and refocus the court's attention to the fact that the ticket speed shows that you did not violate the Vehicle Code section cited by the officer.

Some tips: Dress like you were going to a formal dinner party. It's basic respect for the court, but you'd be surprised how many defendants come to court looking like slobs. Remain calm at all times, even if you think the officer is lying. Don't interrupt the officer unless it is to make an objection to the judge. Treat everyone with the same level of respect and courtesy as if you were invited to a formal dinner party at your boss's home.

Remember that in most cases, if you lose, you have an automatic appeal. In some cases, if you lose, you can ask the judge to grant traffic school so that the ticket doesn't appear on your record.

Good luck in court!

Jonathan Kramer, Esq.
Kramer Telecom Law Firm, PC
http://TelecomLawFirm.com

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This answer is general, and does not create an attorney-client relationship. For specific answers, you should contact and retain an attorney to answer your specific question. Jonathan Kramer is an attorney licensed in California. http://TelecomLawFirm.com

It won't hurt to ask. Cour's do allow corrections for scrivenor's errors.
Let us know how it goes for you.
Good Luck.

CA's basic speed law says you must never drive faster than it is safe to do so. Either you were going too fast for the road conditions or conversely so slow that you were impeding other traffice.

The court possibly may dismiss the ticket. As others have suggested you can always ask the court and present your argument. Good Luck!

With a difference of 15 mph are you sure you weren't going to slow?

You got a ticket for going 30 in a 45mph zone, which doesn't necessarily mean you got a speeding ticket. In fact, it seems likely you were cited for going too slow. Were Cheech and Chong in the car with you? Just kidding...Look on your citation and you'll see the vehicle code section you're alleged to have violated. This will tell you what you're charged with - too fast or too slow. With that info you can plan your argument - if charged with too slow, explain the reasons why you were going 15mph less than the speed limit. Was any traffic behind you being slowed up? Was there inclement weather? Did you feel ill or dizzy? If too fast, there's a factual error on the face of the citation. Meet the cop prior to trial and ask to have a word with him. You can just go over to him inside the courtroom and ask him to step into the lobby with you. This happens every day, so don't feel funny. Explain to the cop he made a mistake and you'd like him to dismiss it. If he won't, listen careully to his testimony during the trial. Ask him if he was confused that day. If he says no, ask about his mistake. If he says yes, say "that explains why you mistakenly thought I was violating the traffic law." Long story short, he's got egg on his face already - he should dismiss it if you ask him politely and without attitude. Good luck.

how can i beat or reduce the fine of a speeding ticket.
violation VC-22349B, going over 55mph, my speed aprox 70mph