Heshan

So the other night I was driving home from coldstone with 3 of my buddies and I realize I'm probably going a little fast given the speed limit on the street is 35. Sure enough as I begin to let off a bit the red and blue lights flash in my rear view mirror. I pull over, turn the car off remove my keys from the ignition and place them on my dash (I grew up in Oakland, its a habit now.) and the cop approaches my window and asks if I have any legal reason for driving 45 in a 35 mile per hour zone. I lie my *** off and say that I thought I was going the speed limit. (Although I realize that I was speeding the road was two lanes at 9:45 at night with no traffic or pedestrians in sight and I could not have feasibly posed any danger to person or property.) The cop informs me that I was speeding takes my license, proof of insurance and registration and returns to his car. After 15 minutes (Yes it really took 15 minutes... my buddies were joking that he was checking my record with a rolodex) he returns and issues me a ticket. After issuing my ticket he invites me back to view his radar reading (I have never had a cop openly invite me to view his radar) His radar displayed his speed at 26 miles per hour and my speed at 44 mph. I never saw his vehicle at any point until he came up behind me and I don't know where he was driving 26 mph.

I'm posting this because I want to know whether or not it is worth it to fight this ticket. I do have one prior speeding ticket for doing 86 mph on a 65 mph section of the 99. I regrettably paid that ticket and did my traffic school because the court appearance was set for June in Turlock. (I attend school here in Merced but by June I would have been back in the Bay Area.) However that ticket was more than 18 months ago and should not impact my ability to attend traffic school.

The ticket is for V.C. 22350. The weather conditions were clear and dry. Visibility was fine being at night time and my headlights were on. There were no cars around me and no pedestrians nearby. The road has two lanes in either direction. The ticket he issued me states that my approximate speed and radar speed are 45 mph (although the radar screen said 44... don't think it really matters much) and he stated the make of my car as SE (I drive a TB IX SE)

I know I can suck it up and pay the fine and take traffic school but I would rather save traffic school for a more egregious ticket that I most likely cannot beat. It sucks because this ticket comes three days before I turn 21 and has significantly put a damper upon this weekend. Any advice would be greatly appreciated and sorry for the long post.

importjake00

iTrader: (8)

You were breaking a law, and his job is to enforce laws. Pay it and move on.

Heshan

He cited me for V.C. 22350 which is "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. " I don't see how I was endangering property or person. It makes no mention of exceeding the maximum speed. That is V.C. 22349. I wanted to know if I stand a chance of getting out of the ticket legally through that approach and whether or not the discrepancies on the ticket make much of a difference.

importjake00

iTrader: (8)

OH! See, I dont read well

Either way, goodluck!