Q: Got a speeding ticket for going 80 in a 65. Officer wrote that I was going either 65 or 69 on her ticket (can't read it)
I got this ticket during the quarantine in April when freeways were fairly empty. I was in a new area and was going along with the flow of traffic from the cars that were around me. I didn't think I was going that fast, but I could have been.
For some backstory, I was at the end of a 100-mile move and I was sick at the time. Not with coronavirus, mind you, but I was massively carsick and I knew I couldn't stop anywhere to use the bathroom since everything was closed to avoid the spread of COVID-19. The officer wrote "80 #1" over the max speed limit and under the Code and Section area of the ticket. Not sure if this information is relevant or could help/hurt my case.
As this is my first offense, should I go to court to fight this ticket even if the officer seemed to "cut me a break" on the ticket? Thank you in advance!
A:
The officer has most likely written you up for exceeding the California maximum speed limit of 65 mph. Look up the code section on line to see which one it is. It matters only whether you were going 66 or 80 in the amount of your fine, whether you will qualify for traffic school, the number of "points" on your driving record or whether the Judge has a mandatory minimum fine for you. "Going with the flow of traffic" is not a defense to this, or any speeding ticket. Be aware that your license can be suspended for up to 30 days for ANY speeding ticket.
If you elect to take traffic school, which is a diversion, you can keep the point off your driving record with the DMV, and possibly keep your insurance from going up. But you will have to pay the full amount of the fine and an additional $57 for traffic school. Traffic school can be taken on line in a number of different languages, and you get 90 days to pay and complete traffic school The fine will include a penalty assessment and court costs that are automatically tacked on, so a $50 fine ends up being $285 or so. (depends on county) You can only do traffic school once every 18 months. It is recommended.
IMO you don't have a winner here.
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. THIS OPINION IS NOT BINDING ON THE COURT. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS. THIS DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP BETWEEN US.
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