California speeding ticket

[robywang]

I was cited for speeding last month.
I was driving on CA-84 westbound towards Dumbarton bridge. The CHP officer stopped me before the bridge (in front of the KGO transmitter building, or "W/OF KGO" as the officer wrote on the ticket). However he cited the code of 22405(a), which is about "Exceeding Maximum Posted Speeds on Bridge/Tube/Tunnel".
My question is, since I wasn't on the bridge yet, did he cite the right code?
(Or does the bridge extend to non-bridge part of the highway?)
If not, can I plead not guilty because of that?

Also he cited me driving in 81 at 55mph limit. This causes me not eligible for traffic school and hence point of conviction on my record. But my colleague on passenger seat noticed we were going about 75 (on the speedometer) when we saw the patrol vehicle. I started to slow down immediately. So I really doubt I was going 81. How should I do if I want to plead guilty with a reduction of punishment? I hope to at least be able to waive the record by attending the traffic school.

Which direction should I go in terms of better chance of success?
Any advice is welcome.
Thank you very much!

[KMR-brandon]

You'll need to familiarize with the California Rules of Traffic Court. I'm in Florida, and here, a situation like yours has both ups and downs. The rules say that if the officer cites the wrong code (i.e. you're cited for the bridge before you had ever reached any bridge, so you should've been cited for regular speeding), you can have the complaint dismissed. This would be addressed in a pretrial motion for dismissal. The downside is that if you aren't a lawyer, the hearing officer will often blatantly ignore both law and court rules to screw you out of your hard-earned $$$. The process to address such abuse is long and complicated, and the layperson has neither the knowledge nor the means to really see it through. That being said, if your motion for dismissal is arbitrarily denied, it'll go on to trial. There's no point in saying "I wasn't speeding that much, I was only going 75, and I have friends who witnessed it". Whatever the cop says is what the court will accept as truth, and there's nothing you can say or do to change it. You could even show them video of your speedometer as you approached the bridge...without a tech report indicating that your speedometer was properly calibrated within a reasonable timeframe prior to the incident, they don't care what it says...they go with the cop.

If it were me (in Florida), here's what I'd do.... Plead not guilty. Address the statutory discrepancy in pretrial. If the motion is denied, change my plea to no contest, and beg the court to withhold adjudication in exchange for driving school.

A TIP: In Florida, I can bring in a recorder and tape the proceedings (including pretrial). If things don't go my way, I can then have that tape transcribed by the court reporter, and use it for an appeal (or to file a complaint against the hearing officer for blatantly ignoring the law then and have sanctions imposed on him by the Florida Bar). Assuming that California allows the same, doing so sends a discreet message to the hearing officer that you know the rules, and you're not going to allow any b.s. Show great deference...they're like little kids who were pushed around on the playground in preschool....but now they have absolute discretion over you, and they're getting even. Don't challenge them directly, or ever call them out on their b.s. This is a silent message of "here's your opportunity to do the right thing, look like a nice guy, and everyone goes home happy".

Good luck.

[jon_klayer]

I win California speeding ticket cases and California moving violations with competent law driven Trial by Declaration and or in a Court trial. I am a traffic ticket lawyer and I have 34 years of trial experience and totally know the traffic laws, so I know how to fight a red light ticket or any California traffic violation and speeding tickets . My California speeding ticket Law Defenses are devoted to making sure you are not convicted by an illegal speed trap, whether it

[LawsuitLawyer]

I think you need to consult a attorney for your case.

[ricklaver]

The process to address such abuse is long and complicated, and the layperson has neither the knowledge nor the means to really see it through. That being said, if your motion for dismissal is arbitrarily denied, it'll go on to trial.