I got a traffic ticket and don't know what to do, it's my first time.

Asked 5 months ago - San Diego, CA

I got a traffic ticket yesterday, for going 80 on a 65 mph zone. I was driving a rental. It was two cars in front of me driving on the fast lane on the freeway. The first car was driving about 60-65 and I usually drive about 70. So the second car and myself both switched over a lane while speeding up at the same time in order to pass the first car. As both of us moved back to the fast lane I saw the CHP. At that point I was already reducing the speed back to how I normally drive, but by that time the CHP had already started taking off the right shoulder and heading my way. The car who was in front me noticed as well so they moved over a lane again and I was left driving first with the CHP behind me. All freeway traffic was driving around the same speed as us. Do I have a chance to fight?

Attorney answers (5)

  1. Jennifer J Wirsching

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should always try to fight a traffic ticket, however, going over the speed limit to pass another car is not a defense. Hire an attorney to try to get you out of it other ways, pay the ticket, or go to court.

  2. Reve Gerardo Bautista

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You should hire an attorney to fight your traffic ticket. An experienced attorney can cross examine the officer about the circumstances of your case. Also if you qualify for traffic school, even if you lose at the bench trial, you can still ask for traffic school. The best case scenario would be setting your case for trial and the CHP not showing up - then you win.

  3. William Mathew Concidine

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can contest the ticket. If the officer does not show up at the trial date the ticket will be dismissed so you have nothing to lose by contesting the ticket. The fact that you were going the same speed as others on the freeway is not a defense. 80 mph in a 65 mph zone puts you in the lowest fine bracket, so it is really whether you can get the case dismissed, or possibly a reduction to a coasting violation to avoid the point.--this one is very fact specific though and depends on which court your case is in, the officer and judge hearing the case.
    Either fight it yourself or hire an attorney to represent you and handle the hearings for you. This will save you about 3 to 4 hours of your time and the attorney knows the court and what can be done on the ticket.

  4. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Stop posting admissions of guilt on public forums such as avvo.com and fight it either way, whether you do it on your own (not advisable) or with the assistance of a quality, locally experienced, defense attorney (advisable).

    Good Luck!

  5. Michael Block

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You always have a chance to fight a ticket. The fact that you were in a cluster of cars is helpful to your defense. Switching lanes and reducing speed is not an appropriate defense. You appear to have a clean record so I would suggest fighting the ticket. I agree with my colleagues, hire counsel. An experienced attorney will boost your chances of success.

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