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

Asked 11 months ago - 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. Sean Patrick Lewis

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  2. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What is your question?

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  4. Jason Chase Beahm

    Pro

    Contributor Level 15

    Answered . 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!

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