Long Beach Traffic Violation and Speeding Ticket Lawyer

The rules

What the speed laws actually say

California has two different speeding rules and they are defended differently. Vehicle Code 22350, the basic speed law, prohibits driving at a speed greater than is reasonable or prudent for the conditions, and it has no fixed number in it. Whether a speed was unsafe is a question of fact, which means conditions, traffic, visibility, and road design are all fair argument. Vehicle Code 22349 sets the absolute maximums, generally 65 miles per hour, or 70 where posted, and 55 on a two-lane undivided highway. A citation over an absolute maximum is a different case from one under the basic speed law.

Speed traps have their own rules. Where a radar or laser enforcement is based on a speed limit set below the prevailing speed without a current engineering and traffic survey supporting it, the Vehicle Code restricts the use of that evidence. Whether a survey exists and is current is a records question, and it is one of the few genuinely technical defenses in traffic court.

At the top end, willful or wanton disregard for safety is reckless driving under Vehicle Code 23103, a misdemeanor carrying five to 90 days in county jail and a fine of $145 to $1,000. That is a criminal charge, not an infraction, and it is prosecuted as one.

Sources: Vehicle Code 22350 — the basic speed law; Vehicle Code 22349 — maximum speed limits; Vehicle Code 23103 — reckless driving.

The options

What you can actually do with a ticket

Paying the notice is a conviction and takes the point. That is the choice most people make without realising it is a choice.

Traffic violator school, where the court allows it, results in the conviction being held confidential under Vehicle Code 1808.7 and no violation point being assessed, so the conviction is not reported against your record for insurance. Eligibility is set by rule 4.104 of the California Rules of Court: a valid licence, an eligible infraction, no previous traffic school violation within the preceding 18 months, and not a violation involving alcohol or drugs, a commercial vehicle, or a speed alleged to be more than 25 miles per hour over the limit. Whether you are eligible is worth checking before doing anything else, because it is often the best available outcome and costs nothing but the fee and the course.

Contesting is possible by trial by written declaration under Vehicle Code 40902, which requires no appearance, or at an in-person trial where the citing officer must appear. A trial de novo is available if a written declaration goes against you.

Some citations are not infractions at all. Driving on a suspended licence under Vehicle Code 14601, driving without insurance in some postures, hit and run, reckless driving, and exhibition of speed are misdemeanors, which means a criminal record rather than a point, and they are worth treating as criminal cases from the start.

Sources: Vehicle Code 42005 — the court’s authority to order traffic violator school; Vehicle Code 1808.7(a)–(b) — the conviction is confidential and no point is assessed, once in 18 months, not for commercial drivers; California Rules of Court, rule 4.104 — traffic violator school eligibility; Vehicle Code 40902 — trial by written declaration.

Commercial licences

If you drive for a living

A commercial driver is held to a different standard and cannot use traffic violator school to mask a conviction earned in a commercial vehicle. Serious traffic violations carry disqualification periods under Vehicle Code 15300 and the federal rules, and a conviction earned in a personal vehicle can still count against a commercial licence. A driver whose livelihood depends on a CDL should treat any moving violation as a serious matter and get advice before paying anything.

Sources: Vehicle Code 15300 — commercial driver disqualification; 49 C.F.R. Part 383 — federal commercial driver standards.