SPEEDING tickets are a hassle, especially if you believe yourself to be innocent.
Having a speeding ticket written off by a judge in court is not easy, however definitely not impossible.
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What are California's traffic laws?
California, just as many other states in the US, like New York, abides by absolute speed limits. If the limit posted is 55 miles per hour, and you drive faster than that, you are in clear violation of the law.
California's speeding tickets depend on how far over the limit you are driving and whether or not you have been previously convicted.
For instance, a driver going over the posted speed limit for the first time may be fined $500 with a 30 day license suspension, while a third time offense, the individual may be awarded a fine of $1,000 and a one year license suspension.
How can I gather information that favors my case?
Before fighting a speeding ticket, you must establish a justification for the dispute.
Once pulled over, make sure to carefully answer questions by police and craft your defense in anticipation of court trial. Remember to always ask for a copy of the officer's notes.
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It's best to take pictures of the scene, if pertinent to your case. Dashcam footage is also useful for your case.
You should also try to research weaknesses in technology used to measure speeding vehicles, such as VASCAR (Visual Average Speed Computer and Recorder), NerdWallet recommends.
It's best to know your state's traffic laws in preparation for court and gather witnesses if possible.
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How can I get my speeding ticket dismissed in California?
Disputing a ticket in court has a number of benefits.
It allows you to directly present evidence to a judge, question the original police officer who issued the speeding ticket and build a strong in-person case for yourself.
Before showing up to court, California law requires you pay your fine ahead of time. If you win the case, the money will be refunded.
If you chose this route, you must remember that police officers require a subpoena to testify in court and are often paid to appear.
You may decide to opt for a trial by declaration if you are not comfortable speaking under pressure or presenting information clearly.
NerdWallet reports if the officer who issued the ticket does not appear at the hearing, you may be able to get the ticket dismissed but sometimes that is not always the case.
It's also best to research the law you broke and what county or district it occurred in and have some research to dispute the ticket.
You may also want to hire a traffic lawyer to help with your case.
How to dispute a speeding ticket through a Trial by Declaration?
Trial by declaration is an option for those who are not fans of public speaking. It allows defendants to challenge their speeding ticket in writing without having to show up to court.
This alternative, however, only works if your traffic violation does not include alcohol or drugs.
You must request and fill out the form and draft a statement of facts.
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The benefit of trial by declaration is that if you lose your case on paper, you can request a second, this time, in-person trial.
You may even get your case dismissed if the police officer does not respond to the written declaration.
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