I had JUST got my car back from the mechanic - my speedometer worked prior to taking it there in the morning, but when I picked it up the needle was whacky and typically stayed on the 0 line. To get home, I matched the speed of others in traffic, but I got to a road where there weren't any other cars(despite it being a popular, larger street). I was ticked at going 51 in a 40. Pulled over and the officer immediately said "On the 16000 block of Prairie you were caught going 51 in a 40", didn't even ask if I knew why I was being pulled over. Anyway, I seriously thought I was just about right, taking my car into the mechanic today to get it fixed (was ticketed yesterday). If I bring my mechanical paperwork that caused the issue and fixed the issue, could I fight this with going 11 over?
For the record, the cop was an okay guy. Not rude or anything - also this is the FIRST time I have EVER been pulled over and my first ticket ever in 5 years.
Update 2: Wouldn't hiring a lawyer be MORE expensive than the ticket plus traffic school?
A couple of observations:
With no tickets in the past 5 years, you should be eligible for traffic school if you want to guarantee this will not result in any points on your driving record. The downside, of course, is that you have to pay the full amount of the fine plus the traffic school fee plus do the school.
The reason I bring up traffic school first is that if you're eligible, you can get traffic school - at least early on in the proceedings. It becomes discretionary on the judge's part if you set your case for trial and the officer shows, then you ask for traffic school. Some judges say no since you've rolled the "will the officer show up or not" dice and lost. They had to subpoena the officer, he or she may be on overtime, etc. Some judges look at traffic school as something you are allowed to take in order to resolve your case at an early stage and favorably to you. Yes, some judges will allow traffic school on the day of trial. If you go to trial and lose, you've got even more of an uphill battle to get traffic school. Some judges may allow it, but the majority won't.
Okay - traffic school aside...
Will your speedometer issue be a defense? With documentation (actually and with testimony) from your mechanic that there was in fact a speedometer issue that has been corrected, you may have a shot. Speeding is a general intent crime - they don't have to have proof that you intended to speed, just that you willfully drove a car and were going over the speed limit. Knowledge isn't an element. For example, if you were not watching your speedometer, but it was accurate and you were going 51, could you claim that you weren't knowingly speeding? That one wouldn't fly.
But mistake of fact - that is a defense. Essentially, you're saying that you in good faith reasonably and honestly believed that your speedometer was accurate and you were going the speed limit (as evidenced by you also going with the flow of traffic). That mistaken reliance on the speedometer may negate criminal intent.
While I'm at it, "flow of traffic" is not a defense. I know you didn't raise that specifically, but I thought I'd throw it out there.
It's not like you're risking a murder conviction and the rest of your life in prison.
Option 1: Opt for traffic school without going in front to the judge. It costs you the full amount and the fee, but guarantees no conviction. it's also the least time consuming
Option 2: Plead your case to the judge at arraignment and see how it goes. Will they outright dismiss? Maybe, but if they don't, you can set it for trial or request traffic school at that time.
Option 3: Set it for trial and hope the officer doesn't show. If they don't, you win no matter what your speedometer said.
Option 4: Set it for trial, present your case and see if you can beat it. If you don't and the judge finds you guilty, based on the extenuating circumstances, you may be given traffic school. You risk the conviction though.
Option 5: Hire a traffic ticket attorney to try and work out some version of any one of those above that is a good result for you.
Good luck.
I strongly urge you to HIRE A LAWYER (caps intentional).
My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").
That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Lawndale, CA area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
That said, I hope that I have been helpful in answering your question.
I LOVE THIS DEFENSE--unintended speeding. Only problem is, speeding is a general intent crime. As long as you intended to drive the car, it doesn't matter how fast you thought you were going or what the speedo says. You were either speeding or not.
1. You do traffic school. This should be the end of the discussion.
2. I RARELY tell people they do not need a lawyer but if youa re eligible for traffic school you don't need a lawyer. You should do traffic school. If you complete traffic school it doesn't go on your license. If you lose at trial it goes on your licensed.
This should be a no brainer.
