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Fight ticket or pay fine/request traffic school for speeding?

Asked over 2 years ago - Milpitas, CA

I was driving in the furthest left lane when a car came up essentially tailgating me. I had then sped up (to pass other cars) to move over to let the tailgater pass but by then the vehicle had already passed me on the right. A cop then pulled us both over and cited me for going 83mph and told me that I should have yielded to the faster car and I told him how was I to safely yield that when the impatient driver took the lane? He did not say a thing. I left as he started to cite the other vehicle. Do I have grounds to fight this or is this heresay and the judge will deny me traffic school?

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Attorney answers (3)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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Dana Howard Shultz

Reputation Level 15

Answered over 2 years ago. Business Attorney in Oakland, CA.

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The fact that another car was on your tail does not justify breaking the speed limit. You should not waste your time or the court's - pay the fine and attend traffic school.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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Adam J. Post

Reputation Level 10

Answered over 2 years ago. Litigation Lawyer in Los Angeles, CA.

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You can challenge the officer's observations in court, questions his methods, radar, etc. to see the reliability of his observations and explore the facts he relied on to cite you. An attorney experienced in these matters will know the questions to challenge the evidence and can save you the time/hassle of showing up in court to contest your ticket.

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