Skip to main content

I received a traffic ticket this morning, and i received one months ago. I took the traffic school for the first.

San Jose, CA |

The officer pulled over two cars. The first car was in front of me and he let that car proceed. He informed me of the speed. The first car was going as just as fast a myself. In a conservation he stated that the first car was doing the speed limit. That is impossible as they were parallel to me and going the same speed in not more. When he waved the cars over that car as I stated was in front of me. Selective enforcement.

Attorney Answers 4

  1. You aren't asking a question, so I really have no idea what, if anything, you want help with.

    You arguing that a different car should have been ticketed isn't going to get you out of yours. Interestingly, if you had the other driver in court and the other driver testified that you were going the speed limit (based on comparing your being next to them, and they knowing that they were going the speed limit) you might have a good case.

    Fight it with whatever information you have.

    Good luck.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

  2. Selective enforcement is only a defense if the basis for the selection is prohibited by public policy as with race, gender, religion, national origin, etc. When two robbers pull a bank heist, the law allows a cop who is present to pick either one of them to arrest and leave the other to subsequent efforts by other officers. The cop can toss a coin, pick the best looking one, or use any other non-prohibited basis for selection. In your case, the first suspect evidently passed the attitude test with flying colors. Or maybe that driver reminded him of someone he really likes. I was once cut loose by CHP because the dog in my passenger seat was so impressive. Go figure.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

  3. What is your question?


  4. Selective enforcement isn't going to be a useful defense here. It is obvious that you are frustrated. You are likely only going to wind up more frustrated if you try to fight this case yourself. I say this because of the thousands of people I've seen in court fighting their own ticket, maybe two have actually been successful.

    Hire an experienced traffic attorney in San Jose. They may be able to get the charges reduced or dismissed.

    Good luck!

Traffic tickets topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics