The correct way to beat a CA speeding ticket

Beating a CA speeding ticket as a CDL holder is the crème de crème, Mount Everest, and holy grail of all traffic tickets to beat. Here’s how I did it. First of all, I contest every ticket. If everybody merely contested their ticket the entire system would collapse. Most people choose to be paying customers. I wouldn’t mind being a paying customer as long as they wouldn’t put the ticket on your record. But when the state threatens your very livelihood with points it means war. Game on California. Yes, I was speeding on a clear dry day in the great wide open known as I-40 west of Needles. Not a car in sight, well until I miss that CHP hiding in the median. Upon seeing that CHP car, I instantly hit the brakes as I always do, but this time I was too late. He caught me, pulled me over and wrote a ticket. He was a friendly professional officer and it was over quick. I wanted the officer to forget me and forget that this ever happened so I can blindside him a tad better than he did when the time comes to court.

I am able to push the court date five months down the road. When the time comes I showed up in a suit and oddly was mistaken for a lawyer. Besides that, I heard 17 guilty pleas and the three that made an attempt to defend themselves were all truck drivers. The truck drivers show up in what they would wear at the T/A and worst of all they admitted they were speeding in their own deposition. “Yes your honor I was speeding but…….” You just admitted to guilt, that “but” has no meaning after you admit to the crime.

For my defense, I knew creativity was needed. CHP is the best at what they do. No other state comes close to offering a highway patrol as good as California. I have enormous respect for anyone who is the best at what they do and CHP is no exception. The officer captured all of the elements needed for a guilty verdict. He mentioned location, identity of me and vehicle, crime, and method of detection. Out of left field, I threw into evidence the spec sheet for my Volvo 670. The spec sheet mentions the governed speed was 65, and it also mentions the engine brake activates after 5 mph above the set cruise control limit. I told the judge I had set the cruise control at 55 and the vehicle was incapable of traveling at speeds mentioned by the officer. The judge asked the officer if he knew anything about engine brakes. You could hear a pin drop in the court room as the reality as CHP knew it was altered. The officer had a blank stare and told the judge he knew nothing about engine brakes. Take that for a blindside. That was my reasonable doubt that I had in play and the judge agreed resulting in a not guilty verdict.

It is your professional obligation to operate your truck as safely as possible. It is also your professional obligation to know the law as it relates to your profession so you can defend yourself when accused of wrongdoing. If reasonable doubt exists, then under the law you are not guilty. The consequences for simple mistakes is enormous in this industry and when mistakes happen you should take a stand and fight for your livelihood. No one else will do it for you.

 

At that price, most traffic lawyers have such a high volume of cases so they will take the easy way out of amending to a lesser charge if you pay for the ticket. Nothing you can't do yourself for free. Cheap lawyers do not have the time to put individual effort into your case. Traffic court is informal, so you don't need a law degree to have a successful defense. Now any offense where you could possibly get jail time, by all means hire a lawyer.

 

I was west of Needles. Court was in Barstow.