Legal Question in Traffic Law in California

I am contesting a traffic ticket and just received request from the "People" to continue the trial date because the officer is on vacation the scheduled day of my trial. Should I object to the continuance? Is there a chance they would throw the case out?

Also, the ticket itself is strange. I had my laptop on my lap in between calling on stores in my sales territory (stores are only blocks away from each other). I wasn't using it but the officer said he stopped me because he thought I was entering text. He said he didn't have a "laptop use" citation to give me so instead he wrote me up for speeding, citing that I was doing 40 MPH in a 45 MPH zone (5 MPH less than the speed limit). This is why I was going to contest the ticket in the first place. How can he write me up for doing less than the speed limit?


Asked on 11/11/10, 6:33 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The Traffic Commisoner will grant the continuance unless you could show some prejudice to you. If you were going on vacation would you not wnat to get the matter continued?

Even while driving under the speed limit [which merely is the maximum speed that can be traveled], one can be speeding based upon the road conditions and what you are doing. Driving 40 mph on an ice covered roadway is speeding. He probaby thought that with the lap top on your lap you did not have full control of the car. You need to be able to show the court that it would not slide off your lap, interfer with the steering wheel, or have any other effect on ;your driving. Have a good explanation why you did not put it on the passenger seat or elsewhere. Explain that there were no unusal movements of your car, it was under your complete control, you were stopped because he thought you were typing and when he was convinced that that was not the case, he cited you for speeding as he could not think of any other possible violations. Argue the citation is for the wrong offense and should be dismissed [should have been for unsafe driving].

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Answered on 11/16/10, 8:53 am


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