Should I contest speeding ticket?

[chriswian]

I'm sorry if it's frowned upon to ask this question but I was wondering if any of you have any experience with this that would be relevant to my case.

I was driving down San felipe road with some friends in the car and because of that I was being careful. Sure a little bit of spirited driving but nothing insane. Then at the apex of a turn a sheriff driving the opposite way of where I was going sees me and immediately turned around and catches up to me. He had no radar or no way of knowing how fast I was going, just eye balled it and pulled me over (first time ever getting pulled over) he gave me a ticket for going 40 on a 30 zone. So my question is this, should I take it to court to contest it, or take the class (first time offender)

Like I said this is my first ticket so I'm very clueless and somewhat frightened because I don't need my insurance to get more expensive. Yes I did learn my lesson and will try to be more careful so no need for bashing me I do feel bad.

TL;DR: I got a ticket for 40 on a 30 zone. Sheriff only saw me for 2 seconds on a turn at night with no radar or equipment of any kind. Should I contest?

[funwheeldrive]

My personal experience....

Years ago, my best-friend and I got caught going to the mall on a school day. We both received citations for ditching school. I sucked it up, admitted to fault, and paid the $160 fine.

My friend showed up to court, contested, and was relieved of all charges for $0.

I know that wasn't a speeding ticket, but after that day, I will never pay a fee without contesting it first.

[Pwolf]

There's probably no harm in trying. Personally, if I was speeding and this happened to me, I'd just suck it up and take responsibility for my actions. But that's me.

[icesilvermetallic]

Check with your county/city to see if they have a diversion program. It's kind of like plea-bargaining. You pay about the same amount as a ticket, have to drive slow for set amount of time - usually 6 months and then you end up with 0 points. Ism.

[chriswian]

What really gets me is that the cop just kind of guessed my speed. We were on a turn he was going like 35 the opposite way I was going. I hear in Santa Clara county there's a class I can take without paying and no points to my record is it correct?

[Kaotic Lazagna]

If you contest the ticket and lose, you forfeit your right to a driving school (most likely they will allow you an online school), so you will have no choice but to have a point on your record.

Also, it is possible that the officer had a dash mounted radar gun.

Now, if it were me, I'd pay the fine and take the class. You aren't allowed to take another class for 18 months, so don't do anything else that would give you a citation.

With that said, I know someone who contested 5 speeding tickets and won all 5.

[PMok]

I would contest that ticket. If he had you on radar he would have shown you the reading, it sounds like he just estimated your speed and has no actual proof to make the case. The downside is you will have to take the time to make an appearance in traffic court. However the officer may realize when you contest it, that the case is relatively weak and he may not even show up which means automatic dismissal. There is a risk though that he will show up, which means you should be prepared to fight it with a proper legal argument. Or you can plead no contest at the hearing when your case is called, and ask for a reduction in fine and for traffic school. Either way if you show respect to the court I think you will end up saving money over just paying the fine outright.

[finch1750]

^I thought having to show radar was a myth?

1) How fast were you actually going?
2) If you fight the ticket the judge does have the option to say no traffic school
4) trial by written declaration may be easier than appearing in person
5) some courts charge a fee to take traffic school on top of the cost for the program itself. Not sure about Santa Clara County
3) gototrafficschool.com is the cheapeat/easiest

[chriswian]

I'm going to continue doing research as of now I'm thinking I'm just going to take the class and ask for reduction in fine. Thank you guys this forum is great

[chriswian]

Originally Posted by finch1750

^I thought having to show radar was a myth?

1) How fast were you actually going?
2) If you fight the ticket the judge does have the option to say no traffic school
4) trial by written declaration may be easier than appearing in person
5) some courts charge a fee to take traffic school on top of the cost for the program itself. Not sure about Santa Clara County
3) gototrafficschool.com is the cheapeat/easiest

I actually was going fast not sure exactly how much in my opinion it's wasn't unsafe
I suppose.I'm going to have to go to school and pay the ticket it'll probably be upwards of 300 for everything I think

[Pwolf]

Originally Posted by chriswian

I actually was going fast not sure exactly how much in my opinion it's wasn't unsafe
I suppose.I'm going to have to go to school and pay the ticket it'll probably be upwards of 300 for everything I think

I'd also be prepared to be asked "Were you traveling over the posted limit?". If you say "No" then that's a whole other mess you don't want to worry about.

[retoocs]

It should say how he determined your speed on the ticket.

[jcygts6]

Yes! always contest the ticket. I contested a moving violation ticket when rolling over a stop sign and the officer never showed up to court, so it was an easy win. Also postpone the court date several times so the officer forgets about it and is less likely to show up.

[tyrantcf]

The officer doesn't have to show you the radar reading, at least not in California.

If it were me, and I was indeed speeding, id probably go to court and plead no contest and ask for a reduction in fine and be done with it.