Has Anyone Ever Fought a Speeding Ticket in Court?

Updated on June 16, 2009
L.F. asks from Fullerton, CA
20 answers

I'm wondering whether it's worth the time/effort/angst to contest this unfair speeding ticket; I believe he ticketed me for the speed I was going when I came off the main thoroughfare onto the residential street. (This is based on his verbatim comment, "At one point, I clocked you at 41mph".) Have you had any experience petitioning their ticket before a judge either successfully or unsuccessfully?

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R.J.

answers from San Diego on

Depends on your version of "worth it".

I fought 3 tickets when I was younger. Two were reduced, and one was not "thrown out" but changed to a non-moving violation (I floored it to get around a semi that blowing into "my" lane in the wind and there were only 2 lanes). I had thought the judges had seen that I was at least possibly "right" in my view of what had happened vs the officer.

Nowadays I know a couple of Judges socially, and here is what I've been told:

They reduce nearly everyone who bothers to take the time to come in (and is RESPECTFUL of both them and the officer who pulled them over). The reason? Bothering to take the time to come in shows (in their mind) that the person has a higher regard for the law, and of their own legal standing as a citizen, than most people...and is therefor more likely to adhere to the law. That coming in shows a respect of the legal system of which they are a part... and that that should be rewarded...to promote further civic duty. (Great, they think we're kids ;) They DO sometimes throw cases out, but only when honest to god evidence is placed in front of them (like the person requesting a Radar Expert to examine the gun, and either the examiner shows the gun was malfunctioning, or is unable to appear in court.

Huh. Well...I'll take what I can get, I suppose.

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J.P.

answers from Los Angeles on

Yes. The cop totally lied. He said I didn't stop at the stop sign and went through it at 10mph. Radar is 100% accurate at 0 degrees, but goes to 0% accurate at 90degrees, which is where he was located. I wasn't in a hurry and had lived near this intersection for the past 18 years. Suddenly these 2 cops on bikes show up and are giving tickets left and right to everyone. We couldn't figure out what was going on. The judge ruled in favor of the cop. My insurance went up because it's a 2 point deal. I can tell you that I don't have the same respect for these guys. It's one thing if I had actually done it - but to staright out lie and give me a ticket AND have my insurance go up??????? Ugggggg.

Anyway, if I had just rolled over and taken traffic school, it would have been 1 point, but because the cop was a liar and I had ALL the scientific evidence, I figured I'd win. No such luck to the honest citizen.

You can check to see when his radar gun was last caliberated.

Good luck.

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D.J.

answers from Los Angeles on

The only thing is now, THEY REALLY ARE TAKING PEOPLES MONEY. I just fought an unfair ticket and lost along with 8 others. The only people that got off were the individuals whose Officers didn't show to court. They get paid to go to court so if they feel you can't prove your innocence... they;ll take the money.

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A.H.

answers from Los Angeles on

It's definitely worth it to show up. I did this once and the cop did not show up and they threw it out. I think this is actually quite common. I got pulled over for doing 31 in what I thought was a 35, but was a 25. I turned my car around and drove the way I had come because the officer told me there ws a posted speed limit sign less than a mile behind me. There was, but it was completely obscured by trees. I had a disposable camera (so good to throw one in your car for things like this). I took pics and everything, but as I said, the cop didn't show up, and that was the end of that. Go if you can!

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W.R.

answers from Los Angeles on

Hi L.,
As unfair as it may seem, my experience has been most people I've spoken to as well as a couple of tickets I fought when I was young and angry, loose in court. Not only do they end up paying the fine, they paid gas and time lost off work as well.
Good luck,
Wendy

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A.A.

answers from San Diego on

if you feel you are wrongly ticketed and the ticket amount is substantial, i say go for it. I have heard from a few people, that if you take the time to contest the ticket, and schedule a hearing date, the officer usually will not show up and your ticket will be dropped. I believe the officer has to take time when they are not on the clock to attend the hearings, and so usually will not do so......... best of luck

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C.S.

answers from Las Vegas on

L., see if there are any attorneys who will go to court for you. Sometimes they offer deals doing this. It can be done and they will usually reduce the ticket or remove it.

Funny story, my friend was pulled over and she is pregnant too. She told the cop she was pregnant and she needed to open the door. He insisted she stay inside the car and seconds later, she opened the door and puked on his shoe and leg.

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T.P.

answers from Los Angeles on

My ex husband and I fought a ticket once and it wasn't even for speeding, something more minor that my husband didn't even do. The judge will not take kindly to it, ours made us feel like real smucks even though we were in the right. You will then have the point on your record. I would pay the fine and do the traffic school. They always take the officers side.

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H.S.

answers from Los Angeles on

Speeding ticket you won't win. You probably have friends who have already told you if the officer doesn't show up in court, you will have won but I have never known anyone where the officer did not show.

Another irritant to look out for is those stupid red light camera tickets. I got one of those too. The fine is almost $400 and none of the companies who collect the fees are even located in the United States! Mine was located in Austrailia.

After I tried to fight it and did not succeed, I made it a point to never, ever, go to the mall/do any kind of business whatsoever in this particular community (Santa Clarita). I live in the San Fernando Valley, and even though there are a few scattered in Woodland Hills and Canoga Park, for the most part they are not here.

Recently they mentioned on the news some beach communities whose councilmen passed a law to NOT have red-light cameras as this drives away business. Duh!

In any case, pay the blasted ticket and don't get ulcers over it. If you need to go to traffic school, it can all be done online. Don't stress, it's not good for you nor your family!

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L.S.

answers from Los Angeles on

Hi!
Not sure where you live -- I live in Agoura - last summer i was pulled over for not stopping at a stop sign - in my neighborhood - by my kids school - with my son in the car -- long story short - i took pictures - i had my stuff together for the case - he flat out LIED in court - my dad was with me - he had 2 full lies and one misreprentation of the layout of the street - i dont/didn't know enough to listen to his words or i might have caught him in another (he said i blew threw at 10-14 mph!!!)anyway - sheriffs are tough - i lost - but there was no fine -- still dont get it .... anyway --- good luck to you -- be confident if you fight and make sure you have all your info ready ....

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V.S.

answers from Los Angeles on

Hello L.. Depending on the judge, and whether or not the officer shows up, it might be worth it to fight it. I recevied a ticket a few years ago for "failing to stop for a circular traffic signal", implying that I ran a red light. I made a right hand turn as the light was turning yellow, so I decided to fight it, because I knew I didn't do anything wrong - the light was green as I started the turn. Anyway, the officer was in court, and LIED and said I ran a red light, and lied about his position in traffic. The judge asked me if I saw the officer before I was pulled over, and I said yes, I saw him two cars back in the second lane, sitting at the red light. The officer said he was in the front of the line, at the light which has just turned green. I then asked him, if he really was where he said he was, why did he wait until we got to _________ Street before he pulled me over? I probably shouldn't have said that, but to me, it made sense. He was stuck at a red light, behind cars, and couldn't catch up with me because his light hadn't turned. If he had reallly been in the front, already proceeding into traffic, he would have pulled me over immediately. All this is to say.... officers lie. I don't believe that they can remember every single traffic stop, and the details, especially when the court dates are months away. Just my opinion. I had to pay $270.00 because this fool lied! I also believe he was trying to prove something at the time I was pulled over, because he seemingly had a rookie officer with him. Just my opinion, again!!! It is my sentiment that the law (judge, officers, enforcement, etc) stick together. Best of luck to you, if you do decide to fight it. You'll have to let us know the outcome :)

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T.F.

answers from San Diego on

The basic speed law is 65 mph. all you need to do is prove that you were under 65. From there prove that the situation and conditions supported your speed and that you are under 65 and you are golden. You also ask what he used to clock you and when the last time it was calibrated. there is something on the books about the radars being calibrated and when they need to be. Another thing, most cops dont have a radar they just use their training and experience to judge your speed. If this is so then you are golden as although they are not lieing they cannot know for sure that that is what you were going at. You can look up the speed law in the traffic codes and site it. I often go 50 in a 40 where there are walls separating me from the houses and traffic. I have never been pulled over but I will use this in my defense. It the visibility is good and I ma not in danger of hitting anything the only reason the speed was reduced is because someone thought it was a nice idea but not necessarily necessary.

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C.W.

answers from Los Angeles on

It usually isn't worth it unless you can prove without a doubt you are innocent of the offense. When I went to court to petition for online traffic school the judge told the court basically that if fighting a ticket, he would side with the police and you would lose because it is their job and you'd be wasting everyone's time. He denied my request for online traffic school. Nice and impartial, huh?

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B.F.

answers from Los Angeles on

Yes i won !! The officer who stopped me was a very very rude person, said i was doing 50,( a lie ) he also forgot to return my license, when i asked a simple question he almost bit my head off. I wrote it all down & sent it in & they returned my check. I was happy. Good luck

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L.H.

answers from Honolulu on

Hi L.,

If it's federal ground or facility or post, then the Judge might have a little sympathy and lower the amount depending on how well you can explain yourself. If its off post area, GOOD LUCK! It sure is a waste of time. I fought mine in court (Pearl City) and I had a real good time nailing the officer about his speeding gun, the difference between traveling on the slow lane and fast lane. I was in the slow lane, driving under the speed limit because I was in great pain on my knee injury and compressing on the gas pedal was more painful. The officer said if you go below speed limit, you get a ticket, you go over, you get a ticket even traveling on the slow lane like I did. I also attacked him of the incorrect informations he had on the ticket such as my date of birth was wrong, a couple of letters on my license plate was wrong, wrong address,...If you were there that morning, you would have heard the sound of disbelief from the people attended the court that morning when the Judge still sided with the officer, had me pay $137.00. $40 for the driving course, the court fee, some fee for something else, which added up to $137.00. Another individual fought his reasons as pulling over to make a call and suddenly he got ticketed by the officer because he felt comfortable talking on the cell while he is not operating the vehicle. Still, the Judge fined the guy for illegally pulling over on the side of the road when it was not necessary! the court attendants just shook heads and murmuring amongst themselves...One old man was fined $100 for crossing the road and he was not physically inside the crosswalk!!! the old man said he was on and off the cross walk just kept looking at the traffic for safety...this old man was still fined no matter what!!! the only time you will ever get a break is if the officer does not show up for court. One the first fail to show, the Judge will tell the defendant to return on the second scheduled court date. If for the second time and the officer still fails to show, that will be your lucky miracle break. But if you fail to show up on the first court date and you made contact with the bailiff, there is a speedy warrant for your arrest...I found out from my criminal justice teacher that it's a scamming operations by the system to make money for not only the railroad, but the economy being at it's downfall...there is so much scamming in the system...it would be better off paying the ticket. otherwise, give it a shot to fight it...you might have "lucky" on your side...you never know....

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D.F.

answers from Los Angeles on

L., the only time I fought a speeding ticket I won because the police officer didn't show up in court. If he had shown up I don't know what would have happened. Good luck to you.

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P.B.

answers from Los Angeles on

As a matter of fact I just finished driving school! Go the the judge and state your case. ( he will ask you if you want drivng school say yes and go!) It will not only drop your fine but it will keep you driving record clean. Don't argue with the judge. If you turly feel you were unfairly ticketed than ask for a trail. It's free a day out of your week and the cop probably will not show up and the ticket will be suspended. In my case I was guilty and admitted and the ticket was reduced by $300.00. It's well worth it! Good luck!!!

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L.A.

answers from Los Angeles on

I may not be worth fighting but if you go in front of the Judge they may (and usually do) reduce your fine, and you can request traffic school then. My speeding ticket was $480.00 and they reduced it to $175.00, my husband's red light ticket was $400.00 and they reduced to $140.00, my son, at 17, got a ticket in Aliseo Vejeo for no license (had not gone and got it yet)and the fine was $300.00, got the license and went to court and they dismissed it. But you have to compute the amount, loss in wages, cost of extra child care etc...So give it a shot, if you can, it may suprise you.

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A.H.

answers from Los Angeles on

I went to fight a ticket I got b/c the officer claimed I didn't come to a complete stop before turning on a red (I did, had to wait for another car to come thru the intersection). The officer was on vacation and it got dismissed. I know that was a lucky chance, but you never know; the officer may not show for one reason or another.

Or, if you don't feel that confident about fighting it, can you do traffic school? I got a speeding ticket FROM THE SAME COP (guilty of this one!) and was able to do online traffic school to keep it off my record.

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A.N.

answers from Los Angeles on

There's a lawyer you can email with your question and he'll tell you if it's worth fighting it. I got a ticket for crossing the double line, so he said to pay it. With speeding tickets, he's pretty good. I'll send you his info.

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