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Speeding in construction zone

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RockinZ28

Junior Member
No. He should only get the request from the court to submit his statement.
If you admit to the speed in your TBD, but successfully dispute the Construction Zone, you may get a guilty on speed with no enhancement.

- Carl
Ok, thank you for your help. I have been granted a postponement until November 19 so it won't be a while till I hear anything.
I like your verse, I am a Christian and will put my trust in the Lord that I'll only be punished for what I did indeed commit. What's funny is, I had received the ticket on my way back home with some Chinese fast food. Now obviously I don't believe in fortune cookies, I usually just open them for some amusement because they often make little sense in English, but I think God can talk to us through whatever means He sees fit. Now as I was sitting on the couch mulling over what had just happened, and contemplating whether or not I should dispute my ticket, I remembered my fortune cookie and thought maybe it could cheer me up a little. This is what it had to say, "Fight for it, you will come out on top".
 


CdwJava

Senior Member
I suspect that you will likely be more cognizant of your speed and surroundings as a result of this situation regardless of the outcome. It worked for my wife who - after her second stop for speed and her first citation last year - has slowed down to "granny speed" (as my kids put it). It makes you more aware if you are one who is concerned about such things ... and, it sounds like you are.

Good luck.

- Carl
 

Maestro64

Member
My personal opinion is I would challenge both, you do not seem convince you were doing 60 MPH, and you said he paced you and that is open to interpretation. I would see what the rules are on pacing in CA. many time they have to pace for some distance like 3/10 of mile. So how did he pace you, was he right behind you, did he have to speed up to get to you. When was the last time the speedometer was cal, are the tires the same as when it was cal and so on. There is all sorts of things that you can use to say you were not going 60.

I would fight both, since they can decide if you were speeding, and was it an operational construction zone. Since the officer may not have known it was not activity or even what the law says.

Remember, the ticket is for 60 so they have to prove you were doing 60 since the fine is based on the speed you were going. As long as you do not say you were doing some other speed above 45 they can not pull a number out of the air and say that is your speed.

Anyway, I think if you do not fight both then they will assume you must be guilt of both. It something like this, well you are not disagreeing with the speed only the double fine so if you were speeding what to say that it was not an active construction site too.
 

CdwJava

Senior Member
Just keep in mind that not all cases will be relevant to your situation, and that proper formatting of motions and objections often requires an investment of a great deal of time to learn the law, or (better yet) an attorney.

The overwhelming majority of people that use those kinds of sites tend to learn just enough to tick off a judge and act as poster child for the adage, "He who represents himself has a fool for a client."

But, everyone has a right to give it a try.

- Carl
 

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