Legal Question in Traffic Law in California

Hi. I just had my first speeding ticket ever. Now, I want to contest it off in court here in Cali. My story was that I was going 55 on the road, according to the cop,and the the sign says 40. Well to the best to my knowledge, my brakes failed to reduce the speed on a downhill road. I was going 40 at first then when I hit the brakes my car didn't slow down. It was still going to what the policeman was saying I was going 55 mph. I tried to explain the situation to the police didn't believe me. I haven't notice this since today my breaks failed on me on a steep hill. I drive a regular compact 4 doors car. I need to bring my car to the mechanic now to say my brakes were bad. Do you think this is reasonable to fight it off in court?


Asked on 8/09/10, 4:34 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

You have the standard options available to you:

1. Plead guilty by mail and pay the fine. It goes on your driving history.

2. Go to court, plead guilty and ask the judge to reduce the fine. It's often called "guilty with an explanation" and see if they'll reduce it for you. It may save you some money, but it'd be on your record.

3. Plead not guilty, post the mail amount and request a trial. You can do a trial by written declaration first to see if the officer fails to reply, then request a court trial, hoping they don't show and your case gets dismissed.

4. Plead not guilty and fight it in court. Will your "my brakes were bad" defense work? Not likely. You're responsible for maintaining your vehicle in proper mechanical order, including brakes adequate to slow and stop you in any condition. You can try your defense, but if you fight and lose, you're convicted and it's on your record, along with whatever fine the judge wants to impose. You may win and walk out without any points on your record and get your bail money back. The judge may applaud your approach and (hopefully) your preparation and how you present your defense.... or not.

5. Go to traffic school. If you haven't been in the past 18 months, you should be eligible. Pay the bail to the court, go to traffic school (yes, it costs too) and when you complete school, it gets dismissed from your driving history and won't impact your insurance, etc.

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Answered on 8/17/10, 4:16 pm


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