speeding ticket :(
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ALi G in the House!
Joined: Jun 2001
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From: NA
speeding ticket :(
i gotta speeding ticket for goign 55 in a 40. anyone know how much it costs? or where i can find out the answer? i wanna pay the fuckin thing and get it over alrdy 
-Sam
-Sam
Cruisin'
Joined: Mar 2002
Posts: 20
Likes: 0
From: Ventura, CA
In CA a speeding ticket is only 1 point off your record. You should either
a) Try to fight it, which you may be able to on the grounds of some technicality or law. For instance, the “Basic Speed Law” might help you here – it says you can go faster than the posted limit (as long as the sign didn’t say MAXIMUM on it) if conditions are safe (i.e., not heavy traffic, good visibility / weather, etc.) up to 55 mph on undivided 2 lane roads or up to 65 mph on divided or multi-lane roads. This may be hard to prove however.
b) Take traffic school to keep the ticket off your record. You can do this once every 18 months in CA. If you haven’t taken traffic school in the last 18 months, then I advise doing this. Try to take the "Improv Comedy Traffic School", it’s put together by the Improv Comedy Club and is decently entertaining for the material. This is the safest bet to not have your insurance rates raised. You will however have to pay a little more for the ticket (an extra $25 or so) plus pay for traffic school (about $30 or $40). Consider how much your insurance will go up over the next 3 years, and it's probably worth it to you.
For a ticket of 55 in a 40 you are probably looking at about $150 ticket is my guess. You can either call the courthouse or go down there and find out the fine, and if traffic school is an option. You should however be getting something in the mail that says how much you owe and by when.
Good luck!
a) Try to fight it, which you may be able to on the grounds of some technicality or law. For instance, the “Basic Speed Law” might help you here – it says you can go faster than the posted limit (as long as the sign didn’t say MAXIMUM on it) if conditions are safe (i.e., not heavy traffic, good visibility / weather, etc.) up to 55 mph on undivided 2 lane roads or up to 65 mph on divided or multi-lane roads. This may be hard to prove however.
b) Take traffic school to keep the ticket off your record. You can do this once every 18 months in CA. If you haven’t taken traffic school in the last 18 months, then I advise doing this. Try to take the "Improv Comedy Traffic School", it’s put together by the Improv Comedy Club and is decently entertaining for the material. This is the safest bet to not have your insurance rates raised. You will however have to pay a little more for the ticket (an extra $25 or so) plus pay for traffic school (about $30 or $40). Consider how much your insurance will go up over the next 3 years, and it's probably worth it to you.
For a ticket of 55 in a 40 you are probably looking at about $150 ticket is my guess. You can either call the courthouse or go down there and find out the fine, and if traffic school is an option. You should however be getting something in the mail that says how much you owe and by when.
Good luck!
Ambidextrous Masturbator
Joined: Mar 2001
Posts: 1,644
Likes: 0
From: Orange County, CA
If you decide to do traffic school, do an online traffic school course like www.traffic101.com
I took my traffic school there and it was over and done with in less than an hour.
I took my traffic school there and it was over and done with in less than an hour.
Suzuka Master
Joined: Nov 2000
Posts: 7,388
Likes: 1
From: Ninth Gate & So Cal
“22348. (a) Notwithstanding subdivision (b) of Section 22351, no person shall drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.”
(In California, the yellow signs are advisories. The white and black signs are maximum speed limits.)
“22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.”
(The basic speed law refers to driving at a prudent speed for current conditions. It does not allow for the exceeding of the posted maximum speed limit (those white and black signs).
Here is the entire set of CA. speed laws, with relevant sections:
http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve
If you were cited for 55 in a posted 65 zone, you could argue “basic speed law”.
If the posted limit is 35 and you do 45, you can get a ticket.
Possible solutions:
1. As previously suggested – go to traffic school
2. If you are really “in to this”, you can try to find the traffic surveys for the road. There are some statutes that specify how and when a determination for “current” speed limits has to be determined. There have lawyers and others that have found out that the city or county was negligent in keeping up with traffic surveys. There was a case where a number of radar tickets where tossed back, due to the lack of a proper traffic survey. I believe (and could be wrong) that the next paragraph is what you would want to look into. When city and county officials LOWER the speed limits without and appropriate traffic study… see the bold highlights in the section below:
”22357. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.”
$0.02
(In California, the yellow signs are advisories. The white and black signs are maximum speed limits.)
“22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.”
(The basic speed law refers to driving at a prudent speed for current conditions. It does not allow for the exceeding of the posted maximum speed limit (those white and black signs).
Here is the entire set of CA. speed laws, with relevant sections:
http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve
If you were cited for 55 in a posted 65 zone, you could argue “basic speed law”.
If the posted limit is 35 and you do 45, you can get a ticket.
Possible solutions:
1. As previously suggested – go to traffic school
2. If you are really “in to this”, you can try to find the traffic surveys for the road. There are some statutes that specify how and when a determination for “current” speed limits has to be determined. There have lawyers and others that have found out that the city or county was negligent in keeping up with traffic surveys. There was a case where a number of radar tickets where tossed back, due to the lack of a proper traffic survey. I believe (and could be wrong) that the next paragraph is what you would want to look into. When city and county officials LOWER the speed limits without and appropriate traffic study… see the bold highlights in the section below:
”22357. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.”
$0.02
Unemployed BUM
Joined: Mar 2001
Posts: 118
Likes: 0
From: Santa Clara, CA,, USA
I got a ticket for trying to make it through the intersection on a yellow light. I didn't make it, and didn't notice the cop. I was going through a poorly instructed detour route, so I was already frustrated which caused me to not notice the yellow light immediately. I wasn't speeding, 'till I punched it a little to try and make the yellow light. Well, the pig gave me a tickete for speeding-up through the intersection (55 on a 45, I don't think he "clocked" me), and for running a red light. What a fucking prick, and what pisses me off is that it was around midngiht, and there was nobody around.
I hate pigs. I hate every single fucking cop that's breathing.
Now that I have vented, thank you very much....
I hate pigs. I hate every single fucking cop that's breathing.
Now that I have vented, thank you very much....
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Cruisin'
Joined: Mar 2002
Posts: 20
Likes: 0
From: Ventura, CA
Originally posted by EricL
“22348. (a) Notwithstanding subdivision (b) of Section 22351, no person shall drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.”
(In California, the yellow signs are advisories. The white and black signs are maximum speed limits.)
“22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.”
(The basic speed law refers to driving at a prudent speed for current conditions. It does not allow for the exceeding of the posted maximum speed limit (those white and black signs).
“22348. (a) Notwithstanding subdivision (b) of Section 22351, no person shall drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.”
(In California, the yellow signs are advisories. The white and black signs are maximum speed limits.)
“22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.”
(The basic speed law refers to driving at a prudent speed for current conditions. It does not allow for the exceeding of the posted maximum speed limit (those white and black signs).
Recently in traffic school we discussed this, and you are saying that a yellow sign is an advisory sign, which is true. However just because a speed limit sign is white and black doesnt automatically make it a "Maximum" speed limit for the road. Again, as I said, if the sign says "MAXIMUM" on it, in all caps then yes, you are correct. But if the sign simply says "Speed Limit 45" and there is not the word "Maximum" on it, then the Basic Speed Law can apply here, since it is under 55. You are right that the basic speed law does not allow you to drive faster than the maximum speed limit, but again, that is generally 55 mph.
Note: I don't think you will ever see a 55mph or faster speed limit sign that doesnt have the word "Maximum" on it, at least in CA.
I could be wrong but I think that's how it works...
Suzuka Master
Joined: Nov 2000
Posts: 7,388
Likes: 1
From: Ninth Gate & So Cal
Originally posted by Dasmius
Recently in traffic school we discussed this, and you are saying that a yellow sign is an advisory sign, which is true. However just because a speed limit sign is white and black doesnt automatically make it a "Maximum" speed limit for the road. Again, as I said, if the sign says "MAXIMUM" on it, in all caps then yes, you are correct. But if the sign simply says "Speed Limit 45" and there is not the word "Maximum" on it, then the Basic Speed Law can apply here, since it is under 55. You are right that the basic speed law does not allow you to drive faster than the maximum speed limit, but again, that is generally 55 mph.
Note: I don't think you will ever see a 55mph or faster speed limit sign that doesnt have the word "Maximum" on it, at least in CA.
I could be wrong but I think that's how it works...
Recently in traffic school we discussed this, and you are saying that a yellow sign is an advisory sign, which is true. However just because a speed limit sign is white and black doesnt automatically make it a "Maximum" speed limit for the road. Again, as I said, if the sign says "MAXIMUM" on it, in all caps then yes, you are correct. But if the sign simply says "Speed Limit 45" and there is not the word "Maximum" on it, then the Basic Speed Law can apply here, since it is under 55. You are right that the basic speed law does not allow you to drive faster than the maximum speed limit, but again, that is generally 55 mph.
Note: I don't think you will ever see a 55mph or faster speed limit sign that doesnt have the word "Maximum" on it, at least in CA.
I could be wrong but I think that's how it works...
There is a sign (with black letters on a white background that says, "25 MPH Speed Zone" -- hey, guess what... It's old, its had black letters on a white background *and* that was the maximum speed limit and I got a ticket there about 8-years ago
Perhaps, it would be better to just "generalize" and note that the yellow signs are "generally" advisories (to eliminate some sneaky signs) and note that "the posted (or max) speed" sign “trumps” the basic speed law.
To confuse the issue a bit more:
Examples of Warning Signs
"Many road signs warn you to slow down or watch for hazards ahead. Most warning signs are yellow and shaped like a diamond. Some common warning signs are shown below. All warning signs must be obeyed." (Confusing [yes/no]?)
Examples of White Regulatory Signs
"Black and white signs like these tell you what to do. You must obey them. "
http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm#warning
Since you are from Ventura, here is a picture of a max speed limit sign from up there:
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