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I was going less than 40mph in a school zone. but I was going with the speed of traffic. how can i fight this in court?

Asked about 1 year ago - Canoga Park, CA

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My actual speed was 38mph. the officer cited me for 40. is that legal to bump up the speed?

Attorney answers (4)

  1. Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered March 13, 2012 18:54. School zone tickets can lead to increased fines. Your speed may vary from what the officer radar/lidared you. Did the officer tell you you were going 38 mph? You should fight this ticket. Going with flow of traffic is no excuse if you were speeding. Call me with any questions. Chatsworth Court?


    Andrew Roberts
    (818) 597-0633

  2. Contributor Level 13

    3

    Lawyers agree

    Answered March 13, 2012 18:51. If school was in session, you are probably hosed. If not during school, you will need to find out whether you were exceeding the "posted limit" based on traffic and engineering studies. When all else fails set it for trial and hope the cop doesn't show up.

  3. Contributor Level 14

    3

    Lawyers agree

    Answered March 13, 2012 19:05. You did not say which entity issued the ticket and/or whether a radar device was used to clock your speed, but . . . if the ticket was issued by LAPD, you can read about how to contest the ticket at the link below.

    Regardless of who issued the ticket, you should read the entire ticket to make sure you understand your rights and obligations and that you are aware of the deadlines and any court date that has already been assigned.

    It is highly unlikely that a judge will be sympathetic to hear that you were just "going with the flow" in a school zone. However, if a radar device was used and you are confident that you were not going more than 40 mph, you may want to contact a Traffic Ticket Attorney who can help you to contest the officier's findings.

    Good luck!

    Any answer or other information posted above is general in nature and is not intended, nor should it be construed,... more
  4. Contributor Level 17

    3

    Lawyers agree

    Answered March 13, 2012 19:06. No. Were you going over the limit? Then you're sunk. The defense of "everyone else was going faster than the speed limit" never works. That said, an experienced attorney in your neighborhood may be able to get it down to a no point violation if the cop and judge are ok. Seek out a good traffic attorney in your area.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more

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