Speeding Ticket details incorrect

[deehughes]

What is the name of your state? CA

Hi there, I am from New Zealand and was on holiday in California - pulled over for speeding apparently going 65+ in a 55 because I was towing an empty trailer. I asked to see the radar but was told to stay in the vehicle. The Navman system I rented said the speed limit was 70. I was given a written ticket and said I had to be in court in August, but I was on holiday and now back in NZ. I notice on the yellow ticket I was given has my details filled out incorrectly by the officer - he has put my middle name as my first name. I want to know if it is worth contesting on a couple of grounds? Thank you

 

[Zigner]

How do you intend to contest it?
On what grounds do you intend to contest it? Please note that your reliance on technology isn't a defense.

 

[deehughes]

Well in NZ if the ticket is filled out incorrectly by the officer by even 1 number or letter you can contest it as the ticket becomes void. In this case the officer has filled my personal details incorrectly even though I gave him my licence.
Also the navman said the speed limit was 70 - I took a photo of the navman at the time when i was pulled over.
Those are my 2 grounds - incorrect information on the ticket by the office and incorrect speed limit advertised on the navman system.
Just seeing if it is worth it as in NZ legally I could contest just on the first issue of incorrect information and get off.
Thanks

 

[doucar]

No, in the US the citation is just a notice to appear, and it can be amended to correct errors such as yours. Trailer speed limits are always lower the vehicles alone, so thinking it was 70 would not be a defense, since you were towing a trailer.

 

[FlyingRon]

It doesn't even need amending. What is written on the ticket is largely immaterial. What is testified to in court (or in the TBWD) is what matters.

 

[HighwayMan]

Also the navman said the speed limit was 70...

The only thing that counts here is the posted speed limit signs. Any device you were using is irrelevant.

You are expected to LOOK outside the vehicle as you drive - at things like signs and pavement markings.

Around here we get quite a few truck drivers who drive into low bridges. Their excuse is that they were following their GPS. That excuse is meaningless since the GPS does not remove the need to actually drive and pay attention to your surroundings.

 

[Zigner]

Trailer speed limits are always lower the vehicles alone, so thinking it was 70 would not be a defense, since you were towing a trailer.

That is true in California, but not in all states. Furthermore, the information provided by a navigation device should never be relied upon as accurate. Heck, the GPS I use is updated lickity-split by its active user base, yet it still took it a week to update the speed limit on a road around the corner from me...and two weeks to be updated with a permanent street closure.

 

[HRZ]

Posted limit is not relevant if limit w trailer is less..as it is in CA.

 

[Zigner]

Posted limit is not relevant if limit w trailer is less..as it is in CA.

An additional point - on the interstates here in my part of CA, the 55mph limit when towing is posted.

 

[ALawyer]

The potential argument that because the police officer made one error (in reversing your first and middle names) the officer may also have made another mistake in terms of the speed at which you were driving just won't succeed. As a practical matter, however, while California would never seek to extradite you from New Zealand for failure to appear for a traffic ticket, if you were to return and be stopped, there could be major consequences to pay. This is a situation in which it could make sense to write a letter to the court, explain that you were not familiar with the laws in California regarding a reduced speed limit when towing another vehicle, you are sorry to have committed an infraction, but you live 7,000 miles away and have no plans to return to the US at any time in the future, and request leniency from the court in assessing the fine. Then "pay the man the money."

 

[Zigner]

The potential argument that because the police officer made one error (in reversing your first and middle names) the officer may also have made another mistake in terms of the speed at which you were driving just won't succeed. As a practical matter, however, while California would never seek to extradite you from New Zealand for failure to appear for a traffic ticket, if you were to return and be stopped, there could be major consequences to pay. This is a situation in which it could make sense to write a letter to the court, explain that you were not familiar with the laws in California regarding a reduced speed limit when towing another vehicle, you are sorry to have committed an infraction, but you live 7,000 miles away and have no plans to return to the US at any time in the future, and request leniency from the court in assessing the fine. Then "pay the man the money."

It would make more sense for the OP to simply pay the money, as requested. Nobody's going to look at a "letter to the court".