Q: Can a CA OC Sheriff give me a speeding ticket because he thinks I shouldn’t exceed 30 mph on a spare tire?
My spare tire literally reads do not exceed 50 mph. The last thing the Sheriff said was that I need to get the spare replaced in which I already informed him that I was in route to do that. He wrote the ticket I think for speeding!! Yet I wasn’t over the speed limit, and I don’t believe he made the ticket “corrective” even though he stated “I needed to get that fixed”. He also over-dramatically explained that if he were driving with a spare he would be all the way over in the right shoulder and have his hazard lights on. I’ve never seen in my whole life anyone drive like that because they had a spare tire on their car! I’ve also never heard of a Law stating that a driver can’t exceed 30mph on a spare. My spare literally gives me an extra 20mph ensuring the drivers safety by reading to not exceed 50mph. He pulled me over for his own curiosity and thought he could scare or bully me into giving up my civil rights and allow him to search the car. Why even ask if he was worried about spare
A: You haven't asked a question, but you can contest the citation. Good luck.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, law enforcement officers have the authority to issue citations for traffic violations if they observe a driver exceeding the posted speed limit, regardless of the reason for the speeding. However, if you were not exceeding the speed limit and were driving within the legal parameters, you may have grounds to contest the ticket. It's important to carefully review the citation and gather any evidence, such as witness statements or documentation regarding the spare tire's speed limit, to support your defense.
Regarding the spare tire's speed limit, if it is explicitly stated on the tire that the maximum speed should not exceed 50 mph, and you were driving within that limit, you may have a valid argument to challenge the citation. Additionally, if the officer issued the ticket solely based on his belief that driving with a spare tire necessitated driving slower, without observing an actual violation of the speed limit, you could argue that the citation lacks a valid basis. However, it's essential to approach the situation with caution and seek legal advice to determine the best course of action.
If you believe that the officer's actions were unjustified or that your rights were violated during the traffic stop, you may also consider filing a complaint with the relevant law enforcement agency. Documenting the details of the encounter, including any statements made by the officer and the circumstances surrounding the stop, can help support your complaint. Consulting with an attorney who specializes in traffic law can provide you with guidance on how to proceed and increase your chances of successfully contesting the citation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
