Legal Question in Traffic Law in California

About a month ago I rear ended someone. I was at fault. The police officer said that it looked as though I was going 30MPH based on the damage, but my car is made of carbon fiber which means it crumbles easier than other cars. The police officer said at the scene �that�s ok that you were going 30, it�s still below the speed limit.� There was no ticket given on the spot. However, then I was mailed a ticket for excessive speed at 30MPH in a 40MPH zone. Again, this is from the police officer eyeing the damage without using radar. The weather conditions were normal, no rain or anything. On the bottom of the ticket where it says �Safe Speed� it has a zero with a slash through it.

The ticket is for $530. I don�t understand how they can ticket me for this when they didn�t radar me and only going by what my car looks like. Plus he said it was fine at the scene. Is it worth talking to the police officer directly before hand? What other ideas do you have to help beat this ticket?


Asked on 12/29/11, 12:31 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

They're calling it speeding because the "safe" speed for you was zero, as in you should have been stopped before rear-ending the person.

They're looking to cite the at-fault party for the violation that caused the accident. You were going too fast for the conditions and didn't or couldn't stop in time.

There may be technical issues with the code section being correct or other legal defenses, but you're going to need to consult with a traffic ticket attorney to discuss it in greater detail if you want to go down that route.

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Answered on 12/29/11, 12:34 pm


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