will my speeding ticket get dismissed?

[Almond Joy]

I just received my first citation for VC 22400 CA which is pretty much a speeding ticket which happened a few days ago ( 4-5 days to be approx.) This took place in California while I was driving in the highway. I wanted to know for every police offer that writes up speeding tickets, do they leave the " Speed Approx. , P.F./ Max Spd. , Veh. Lmt. , Safe, Special, Perm Area, Radar/Lidar unit/ Patrol Vehicle no." BLANK?


"22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law. "



Will my case get dismissed for him leaving them blank? I mean the judge won't even know what my speed limit was because it wasn't posted on the ticket. And this is however my first and ever ticket from the police. I also spoke to my dad and did my homework and found that most of the speeding tickets on google have a posted speed limit that they were drove and the maximum speed limit.


Heres a photo of my ticket and I censored my personal info.

 

[Jimmy]

I don't see why the cop would need to fill in max speed if you were cited for driving too slowly (who does that?), so I doubt it'll be dismissed on those grounds (in my non-expert legal opinion, that is).

 

[Try and run]

Why were you driving so slow in the first place? And like Jimmy said, there's no reason to fill in your speed or the speed limit; it's a judgement call by the police officer.

 

[Almond Joy]

Why were you driving so slow in the first place? And like Jimmy said, there's no reason to fill in your speed or the speed limit; it's a judgement call by the police officer.

I barely got into traffic and my old car takes a while to get to a higher speed limit. There should be a reason to fill in a speed / or speed limit for evidence otherwise there is no proof for the judge to know how fast or slow I was driving?

I don't see why the cop would need to fill in max speed if you were cited for driving too slowly (who does that?), so I doubt it'll be dismissed on those grounds (in my non-expert legal opinion, that is).

Proof of how fast/slow I was driving and what the speed limit should be? When I checked my mirrors behind me, only one car passed by me and then that police car showed up.

 

[Annex]

Its not hard to bullshit your way out of that. Just say that you were hearing strange noises from your engine when you went above (whatever speed you were going) and didn't think it was safe to continue operating it at that speed, but you will seek a mechanic for advice.

 

Last I checked there wasn't a law against driving too slow. If they still want to pursue the issue you can try bull shitting your way through it like Annex suggested, you should be fine.

 

[Skyrim Fanboy]

This should be a good read for you, time to defend yourself with one of the reasons in this ^.^:

http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter7-6.html

 

[k0nfig]

Just move to another country man, then everything is solved.

 

[❤❥❤❥]

Just move to another country man, then everything is solved.

No.

For starters a warrant would be issued for his arrest because of failure to show up for court then when they find out that he left the country, he will be tracked down and deported.. They find EVERYONE.. Now in the meantime while they are doing this, the original ticket has gotten about 15-20x the original cost.. and jail without bond or parole (up to 10 years) and then lastly he will have to fill it all in if he ever applys to a new job in the committed crime section.

Op: Challenge it and ask for proof. Thats all case closed he can't do it 99.9% if they leave it blank.

 

[FloydZeppelin]

No.

For starters a warrant would be issued for his arrest because of failure to show up for court then when they find out that he left the country, he will be tracked down and deported.. They find EVERYONE.. Now in the meantime while they are doing this, the original ticket has gotten about 15-20x the original cost.. and jail without bond or parole (up to 10 years) and then lastly he will have to fill it all in if he ever applys to a new job in the committed crime section.

Op: Challenge it and ask for proof. Thats all case closed he can't do it 99.9% if they leave it blank.

Lol'd. Dude, it's a traffic ticket not a manslaughter charge.. Worse that can happen is he gets a warrant and gets brought to court and called a lazy dumb-ass for not appearing in the first place. And even after that, you MAY get your license suspended for awhile... You won't be doing hard time for your ticket. And also, you don't have to fill anything out as far as crime-related offenses unless they're felonies that you were convicted of.

AJ - Go to court, point that out, and let the chips fall as they may. Personally, I wouldn't want to waste all that time challenging a ticket, but it all comes down to what you want/have the time to do.

 

[Almond Joy]

Its not hard to bullshit your way out of that. Just say that you were hearing strange noises from your engine when you went above (whatever speed you were going) and didn't think it was safe to continue operating it at that speed, but you will seek a mechanic for advice.

Just to let you guys know that I was on the Right Lane....

I would NEVER drive under the speed limit if I was on the middle/left lane.

Besides that, I doubt theres any proof the officer can show me unless it was on the ticket issued to me. I can tell the judge I was going 55+ but then the officer clocked me at 40? WTF? really now I think the cop's radar wasn't working properly.


I'm not even sure if I want to make up an excuse for that reason. Maybe if like my car wasn't warmed up as it usually would take me to go 3k to 4k rpm to raise my speed limits to 50 and above. Like I mentioned before, I just entered the traffic with 50-55 and then seconds later, a cop pulled me over and gave me a ticket. It's so fucking ridiculous how someone can get a ticket that fast in less that a MINUTE. You're going to expect from a old car to drive pretty damn slow to speed needed. Theres a reason why we have smogs so the state knows ur car is in good hands before it gets on the road :\ i'll probably get a ticket or a violation or some sort if i said that story. annex

 

[SmperFidelis]

Last I checked there wasn't a law against driving too slow. If they still want to pursue the issue you can try bull shitting your way through it like Annex suggested, you should be fine.

Driving too slow is called Obstructing Traffic or something like that.

But I would do exactly what Annex said, and say you will get it to the mechanic ASAP.

 

[bugga]

Driving too slow is called Obstructing Traffic or something like that.

But I would do exactly what Annex said, and say you will get it to the mechanic ASAP.

Under most traffic laws driving too slow is known as "Impeding Traffic".

The whole "my engine was making noise" is a 50/50 chance, as you know when you call into work sick they can sometimes request a doctors note, a Judge can request a copy of a mechanics report on your car.

Honestly, depending on where you live, if you're attempting to fight it and are requested to appear before a judge, how busy the courtroom is on that day. A judge could possibly dismiss it, but it's all going to come down on the mood of the judge.

 

[Almond Joy]

Driving too slow is called Obstructing Traffic or something like that.

But I would do exactly what Annex said, and say you will get it to the mechanic ASAP.

It wouldn't be a good idea as the judge would probably throw more fines give me more problems for driving a car that isn't safe to be on the road. Even if I had to tell the judge that my car was not safe to drive 50+, then why should I be on the highway in the first place? think bout that.

 

[strangerdanger696]

It wouldn't be a good idea as the judge would probably throw more fines give me more problems for driving a car that isn't safe to be on the road. Even if I had to tell the judge that my car was not safe to drive 50+, then why should I be on the highway in the first place? think bout that.

lol.... you don't wake up on any given day and instantly know " hey my car is going to get a rod knock today" or "today my car is going to blow a piston" etc. you simply say it started happening when the car shifted or you got to x speed so you were nursing it to a place you were familliar with etc. then you can or have your dad if you don't know come up with something that you had to replace soon after.

Most people really don't know much of anything about the mechanics of a car and with a lack of information on your ticket it's really a easy win unless your judge is a complete and utter ass hat.

 

[Almond Joy]

lol.... you don't wake up on any given day and instantly know " hey my car is going to get a rod knock today" or "today my car is going to blow a piston" etc. you simply say it started happening when the car shifted or you got to x speed so you were nursing it to a place you were familliar with etc. then you can or have your dad if you don't know come up with something that you had to replace soon after.

Most people really don't know much of anything about the mechanics of a car and with a lack of information on your ticket it's really a easy win unless your judge is a complete and utter ass hat.

this could be a valid reason as anything other 50+ on my speedometer, my rpm would sky rocket to 3k to 4k but if i take it slow and easy and wait, my rpm would have to be at around 2k to 2.5k to jump my 50mph to 55-65 since its an old car.

 

[Almond Joy]

lol.... you don't wake up on any given day and instantly know " hey my car is going to get a rod knock today" or "today my car is going to blow a piston" etc. you simply say it started happening when the car shifted or you got to x speed so you were nursing it to a place you were familliar with etc. then you can or have your dad if you don't know come up with something that you had to replace soon after.

Most people really don't know much of anything about the mechanics of a car and with a lack of information on your ticket it's really a easy win unless your judge is a complete and utter ass hat.

this could be a valid reason as anything other 50+ on my speedometer, my rpm would sky rocket to 3k to 4k but if i take it slow and easy and wait, my rpm would have to be at around 2k to 2.5k to jump my 50mph to 55-65 since its an old car . but idk. lol

 

[strangerdanger696]

this could be a valid reason as anything other 50+ on my speedometer, my rpm would sky rocket to 3k to 4k but if i take it slow and easy and wait, my rpm would have to be at around 2k to 2.5k to jump my 50mph to 55-65 since its an old car . but idk. lol

yeah it should be fine especially with you being younger that will work in your favor as the judge will more than likely lean to your side that you took caution over recklessness. Honestly the cop sounds like he was a bit of a dick in the first place unless you were going crazy slow and for a long long period of time.

 

[Cami3532]

I have fought tickets in court before. I don't know how different MI Laws are to CA laws, but first off, if the cop isn't able to make it to court that day, then the ticket automatically gets thrown out, so right off the bat you have a 50:50 shot pretty much of him not being able to show up.

Secondly, everytime I have gone to fight a ticket, the cop and the judge were really cool about it. But! These people are trained to see through bull shit stories, they deal with that on a daily basis. Just go up there and be honest like you were here, say that your car speeds up kinda slow and had just merged onto the highway and was still building up speed when the officer pulled you over. Remind the courts (if this is true for you) that you have a clean driving record and that purposely impeeding traffic is not something you would ever do, apologize to the courts, ask for the ticket to be dismissed or dropped.

I had a 74mph in a 55mph, $150 4 point ticket dropped to a $50 ticket no points by doing this. They like to hear honesty, and know when they are fed a line of crap.

When I went to court, you could plead Guilty, Not Guilty, or Guilty with Explanation. I did the guilty with explanation and it worked out to this.

Also, just because your ticket doesn't have the speed on it, doesn't mean the officer doesn't have it written down somewhere. They always have a notebook they take notes on when they are doing traffic stops, and they can use these notes in court.

One of the reasons it probably wasn't written down is because it doesn't really matter like it does on speeding tickets. On Speeding tickets if your going 5 over, your in a certain point and price bracket, 10 over in another, 15 over in another, etc. But, when you are going too slow, they don't have brackets like this so it wouldn't be as important for them to document it on the citation.

 

[strangerdanger696]

I have fought tickets in court before. I don't know how different MI Laws are to CA laws, but first off, if the cop isn't able to make it to court that day, then the ticket automatically gets thrown out, so right off the bat you have a 50:50 shot pretty much of him not being able to show up.

Secondly, everytime I have gone to fight a ticket, the cop and the judge were really cool about it. But! These people are trained to see through bull shit stories, they deal with that on a daily basis. Just go up there and be honest like you were here, say that your car speeds up kinda slow and had just merged onto the highway and was still building up speed when the officer pulled you over. Remind the courts (if this is true for you) that you have a clean driving record and that purposely impeeding traffic is not something you would ever do, apologize to the courts, ask for the ticket to be dismissed or dropped.

I had a 74mph in a 55mph, $150 4 point ticket dropped to a $50 ticket no points by doing this. They like to hear honesty, and know when they are fed a line of crap.

When I went to court, you could plead Guilty, Not Guilty, or Guilty with Explanation. I did the guilty with explanation and it worked out to this.

Also, just because your ticket doesn't have the speed on it, doesn't mean the officer doesn't have it written down somewhere. They always have a notebook they take notes on when they are doing traffic stops, and they can use these notes in court.

One of the reasons it probably wasn't written down is because it doesn't really matter like it does on speeding tickets. On Speeding tickets if your going 5 over, your in a certain point and price bracket, 10 over in another, 15 over in another, etc. But, when you are going too slow, they don't have brackets like this so it wouldn't be as important for them to document it on the citation.

If there is no speed limit filed then it is filed improperly regardless if it is going too slow or too fast this is a fact for Michigan state laws as well as California as these 2 places I have lived for my entire life oddly enough [ Pontiac MI, and Santa Rosa CA.] also in something like this the cop can use the information in his journal but you can also fight this using a legal procedure I am unsure what its official name is but it basically makes it fall under the lines here say [ at least in Michigan have not had this particular thing happen in CA where the op was] but the above tactic probably will not be worth it as your fine will be rather cheap compared to making another court date etc. and my problem was a bit different but should be able to be used in this incident as well.