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I have no prior moving violations and was cited for 81mph in a 65 in Solano County. Will they consider reducing on 1st offense?
Anonymous7 views4 answers
Can I contest simply on the grounds that I believe I was not travelling that fast (radar)? If that is my plea (not guilty), might they reduce the cited speed to reduce fine and points on a first offense?
Vincent Ronald RossCriminal Defense AttorneySan Diego, CACA licensed ·
No, that is not a defense, but you may have other defenses available. Contact a traffic attorney in you area. You may be able to get the charges and/or the fines reduced.
You can contest on any grounds- but your defense may not hold any weight. You should get a traffic ticket attorney to fight this. An attorney may be able to get it dismissed ; reduced to a non point moving violation ; reduced fine or traffic school if you are eligible.
Andrew Roberts
(818) 597-0633
Unfortunately it is not a defense that you were not traveling as fast as the radar indicated but still admit speeding over 65 MPH. That being said, if there is any way for you to prove that the radar was out of calibration and should not be relied upon at all, you may have an argument.
This is however very hard to prove since you would have to obtain records of calibration etc. Also most officers (especially CHP) will testify that they are also trained to visually estimate the speed and that their visual estimation coincided with the radar reading.
Your best chance is to present the judge some extenuating circumstances as to why your fine should be reduced and/or converted to community service.
Ask before you plea if the court will treat it as though you were driving at a lesser speed. The amount of the fine is based upon how much over the speed limit or safe speed you were driving. The court may well treat (and fine you a lesser amount) if you are willing to give up your trial rights.... i.e. plea bargain.
