This is a bit different

[jjcmontana]

What is the name of your state (only U.S. law)? CALIFORNIA

So here's the short of it:

Construction zone, sign reads "2 left lanes closed" I merge to the right and abandoned both left lanes. I am going maybe 68 in a 65. As I continue on, it becomes obvious that my current lane is now closing without warning, and with less than 25 yards to merge at highway speed. I put my signal on, but I'm being paced by a semi-truck who is obviously speeding. His limit is 55, but he is keeping pace with me at between 65-68. Behind me, I have more cars. I look in my mirror to merge behind the semi, as the short merge is getting closer and closer. There is a car hoovering there, not allowing me to merge. My last resort was to get in front of the semi-truck. The other options were to crash into the custruction zone, or slam on my brakes on the freeway, with cars behind me. I took the path of least interference and recklessness.

That's when the lights began to flash. As it turns out, the car hoovering in my blind spot, not letting me in (eventhough my blinker WAS on) was infact, the very officer that pulled me over. Now, I'm no moron. I DID speed up to 82 to get over in time, so I don't deny that, but I also feel as though I was forced into doing so because the officer created a dangerous situation. All this, on top of the fact that a sign read '2 left lanes closed' when in fact, it was 3. I didn't argue any of this with the officer. I simply took my ticket and said as little to him as possible, to avoid making the situation worse. It was at night, so I didn't know at the time the hoovering car was the CHP until I ws watching my mirrors to make sure I cleared the semi when I saw it unfold.

No I'm unsure how to proceed. Do I plead not guilty and state my reasoning for taking an unsafe situation and doing the most logical? If I do that, I waive my right to traffic school if found guilty. Do I plead by mail or in the court? Unfortunately, I can't sit by and just accept the fact that I was given this ticket, as I feel it's as much my fault as the officer for needing to speed. Do I request a copy of the officer's ticket book for that evening to see if he was pulling this trick all night? I only ask that because the semi-truck was speeding the whole time, and I only sped at the last moment. However the semi was never stopped. he may have known that construction sign was wrong, and just kept nailing people who fell victim to it.

A couple items I would at least mention in my defense:

For 5 years, I have driven my own vehicle the 350 miles between San Francisco and Los Angeles weekly and round trip for work (700 miles per week, just in the commute), I also commute 60 miles a day in Los Angeles... Without ever getting a speeding ticket. not because I am lucky, but because I obey the laws and give no reason to be stopped. Would this help a defense, or should I say guilty, with full explanation and the point I just made and hope for some sort of leniency?

Any help is appreciated!

J. Collins
Los Angeles, CAWhat is the name of your state (only U.S. law)?

 

[efflandt]

Do you know how many feet it takes your vehicle to stop at 68 mph (or 82)? If you did not notice that your lane was closing until 75' from it, you were obviously not paying attention. You should always remain aware of traffic around you to give you an out if something happens in your lane, and certainly beyond stopping distance in front of you.

What were you cited for? If it was just a speeding ticket maybe you can take traffic school.

The fact that you drive the same route repeatedly is no defense, just more reason to think that you may have been in drone mode (inattentive).

 

[Hey There]

jjcmontana

A CA. driver cited for a traffic infraction is entitled to
a copy of the officer's notes,
a copy of a video if one was taken,
and a copy of the front and back of his ticket.
Called Informal Discovery the driver makes the written request
makes two copies and has a FRIEND
mail one copy to the D.A. AND the other to the citing officer
certified, return receipt.
A form to sibmit Discovery can be found at the website
Help! I Got A Ticket! with a cover letter to the D.A.
and a proof of service form that the friend has mailed
the COPIES to the D.A. (The driver keeps the originals for His records.)
(The form for the D.A. can be slightly modified to send to the citing officer.)
A book published by NOLO on contesting traffic tickets in CA.
has forms in the back of the book to copy and may be available at a local library.
A continuance to appear can be requested by phone
from a court clerk BEFORE Arraignment.
A Trial by Declaration can be submitted by the driver
explaining why his case should be dismissed.
One form explains how to submit this,
and the other form is for the driver to fill out.
If the judge rules against the driver,
the driver can request a new trial with a different judge if done within 20 days.
Forms for this can be obtained from a court clerk,
from the book, or by typing in Trial by Declaration in the Google search window.

There is the Defense of Necessity , Necessity Defense(Google )
or refer to the section on the same book which has forms
that can be copied to submit Discovery, Proof of Service, Trial by Declaration etc.
For a speeding citatiion
the website
Speeding Ticket--Fighting or Plea Bargaining
and
Speeding TicketFAQ
explain a driver's rights and how to contest a speeding ticket.


Best Regards,
Hey There