Wondering if anyone knows a traffic lawyer / attorney that deals w/ cases in North County SD. Got a ticket from the Oceanside PD for Speeding (estimated speed of 60 in a 45) and an illegal turn which the officer assumed but did not witness.

I think I have a chance of reducing or dismissing the ticket. Officer estimated speed of 60 in a 45 at night time. I'm wondering if anyone's had experience w/ fighting tickets based upon officer judgement.

My defense would be that it was night time, I'm in a darker colored car, I'm in oncoming traffic, only 1 headlight, and perhaps going with the my car looks fast defense? Would I be wasting my time, or could this defense hold up?

And he also issued me a ticket for illegal turn which he 100% did not observe, by the time he had me pulled over I had made a u-turn per say and he cited me for that.

I'm not bitching, I'm asking to see if anyone of you know of a traffic lawyer / attorney in North SD and maybe if anyone's had something similar that they've contested and the results.

Thanks! Phillip

ticketassassin.com

Wondering if anyone knows a traffic lawyer / attorney that deals w/ cases in North County SD. Got a ticket from the Oceanside PD for Speeding (estimated speed of 60 in a 45) and an illegal turn which the officer assumed but did not witness.

I think I have a chance of reducing or dismissing the ticket. Officer estimated speed of 60 in a 45 at night time. I'm wondering if anyone's had experience w/ fighting tickets based upon officer judgement.

My defense would be that it was night time, I'm in a darker colored car, I'm in oncoming traffic, only 1 headlight, and perhaps going with the my car looks fast defense? Would I be wasting my time, or could this defense hold up?

And he also issued me a ticket for illegal turn which he 100% did not observe, by the time he had me pulled over I had made a u-turn per say and he cited me for that.

I'm not bitching, I'm asking to see if anyone of you know of a traffic lawyer / attorney in North SD and maybe if anyone's had something similar that they've contested and the results.

Thanks! Phillip

The key is, Were you speeding? If the answer is NO, then by all means fight the ticket. If the answer is "YES", then stop bitching and be a man and pay the ticket.

Stop trying to find excuse for your action, you spend, then you got caught. What's is there to fight about? Next time you should slow down and may be you can avoid all this drama in the first place...

The key is, Were you speeding? If the answer is NO, then by all means fight the ticket. If the answer is "YES", then stop bitching and be a man and pay the ticket.

Stop trying to find excuse for your action, you spend, then you got caught. What's is there to fight about? Next time you should slow down and may be you can avoid all this drama in the first place...

Sometimes it's not about getting out of a ticket as much as it is the principle of not deserving one, even if you were speeding. Do you really agree with every traffic law?

Sometimes it's not about getting out of a ticket as much as it is the principle of not deserving one, even if you were speeding. Do you really agree with every traffic law?

I don't agree with every traffic laws, ex; front license plate, etc.. But this is not a questions about traffic laws, its about the driver getting caught and don't want to "own" up to his mistake.

What's the principle behind speeding and getting caught? If he was not speeding and there's a grand scheme by the police department to "get him". Then I would agree with him and he should fight the ticket. Because its a matter of principle (since he's right) and NOT the amount of the fine itself.

The only principle I see is he "trying" to get away from paying the ticket.

I agree that when you speed you know the consequences so you should not complain when you get a ticket. However, I see no harm in trying to fight it. I am doing the ticket assassin thing right now even though I was speeding. I'm doing it because I felt my driving was safe for the prevailing conditions and that I was not endangering any property or anyone's life.

The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

THerefore going over the posted limit is not a violation of CVC 22350, which is most likely what the OP was cited for.

So I say fight it by written declaration, there is about a 30% chance the cop will be too lazy to do his paperwork, in which case you win.

I agree that when you speed you know the consequences so you should not complain when you get a ticket. However, I see no harm in trying to fight it. I am doing the ticket assassin thing right now even though I was speeding. I'm doing it because I felt my driving was safe for the prevailing conditions and that I was not endangering any property or anyone's life.

The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

THerefore going over the posted limit is not a violation of CVC 22350, which is most likely what the OP was cited for.

So I say fight it by written declaration, there is about a 30% chance the cop will be too lazy to do his paperwork, in which case you win.

Hence the speed limit is 65 on major highway. If the speed limit stated its 45mph and he's traveling at 60mph, he is above the limit. I believe you misunderstand the actually meaning of the CVC. In no way, its stated you should exceed the speed limit. It only limit caution within the current weathers and traffic conditions base upon the driving condition itself. If the speed limit is 65mph, would you fly down the highway at 65mph during a stormy(aka down pour) condition or when fogs limit your view to just 3 feet? No, its common sense to slow down, because driving at 65 is just plain stupid on those condition.

What you perceived as "Safe" could be a harzard to others driver that doesn't share your opinion. Speeding is speeding and you're breaking the law. Laws were made up for a reason.

If you could fight the ticket, by all means, go for it. But it does bring in your character and what type of person you are. I rather not live with that quilty conscious....

Your kinda right, the CVC does not state that you should exceed the posted limit, but it also does not state that you CAN'T exceed it.

You say speeding is speeding and its breaking the law, yet the basic speed law cvc 22350 does not say anything about going over the posted limit. It simply states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

Where does it say that if you go over the posted limit it is illegal?

The speed limit is set by the federal government, its not set by the state. Thus the reasons, DMW didn't print what you can't or can't not exceed. But common sense should kick in when you see a sign that stated LIMIT 65MPH. It doesn't take a rocket scienstist to figure that out.

Do many people follow the 65mph limit, I would say about 10%, while more are like you and me. We challange by exceeding it, and if we get caught. Who's to blame? Oh officer, its my car it has a mind of its own excuse.

You think that would hold up in any court of law. Next time when you recieve a speeding ticket. Please cite your CVC 22350 and see what that gets you...

I know for a fact that there are plenty of people on bf.c alone who have used ticketassassin.com and won their case, using the exact argument I made.

You should not speed. That is a given, but we all do it anyway. I do it all the time, but I've never gotten a speeding ticket (knock on wood). You just have to be smart about when and where you do it. Anyway, back on topic....

But if you can fight a ticket and win, you should. I mean, why not? I mean, you don't feel guilty when you speed and DON'T get caught, so should you necessarily feel guilty if you fight and win? After all, that would be just like as if the cop had never been there anyway....

If you live in a highly populated area then more than likely the cop won't show up to court, in which case it gets dismissed.

I know for a fact that there are plenty of people on bf.c alone who have used ticketassassin.com and won their case, using the exact argument I made.


More power to to them...

Phil, go see Mr. Ticket (http://www.mrdui.com/mrticket.htm). He's awesome. :D

I would not waste my time with an attorney. In court it is going to come down to your word vs. the cops word. The court will always side with the cop because he is a so called "traffic expert". I have been there done that with traffic attorneys, and all they do is file motions and appeals. In effect all it does is prolong the amount of time before the infraction hits your record. Eventually you will have to pay. Your best bet is to fight the ticket yourself. If you want information to do that go to the National Motorists Association website. You can rent their legal defense kit which comes with everything you need to do to fight your ticket. Much cheaper than an attorney, and it seriously has good information. Also do not bet on the cop not showing up either. The police are paid very generously to insure that they do show up. Good luck with it.

Did you even read my post? I'm asking for info on where to find a traffic lawyer and if anyone's been in the same situation and contested it. I also made no excuses about my actions, I stated what happened and what I believe my defense could be in court.

Would I like to not have a ticket? Of course, but I can't expect to not be ticketed unless I follow traffic laws that I don't neccesarily support. And since I clearly don't support all traffic laws, I'll inevitabley break them, I'm not bitching about recieving a ticket for a law I didn't break. I'm just trying to find a legal way to keep these points of my record like a lot of people do. I'd gladly pay double or triple the ticket if I recieved no points on my insurance.

The key is, Were you speeding? If the answer is NO, then by all means fight the ticket. If the answer is "YES", then stop bitching and be a man and pay the ticket.

Stop trying to find excuse for your action, you spend, then you got caught. What's is there to fight about? Next time you should slow down and may be you can avoid all this drama in the first place...