18Jan/103
Double-the-Speed Limit ticket in CA. What’ll happen, Options?
I was on the CA-152W and I got a speeding ticket, clocked at 80mph, in a construction zone of 40mph. What is the fine and what are my options? I didn't realize it was a construction zone and I don't think I was going that fast. It was marked as an infraction and this is my first ticket. I plan on contesting it and hopefully the officer will not show.. What should I do/say? And how much is the fine..? Any help or advice would be greatly appreciated!
January 18th, 2010 - 17:02
The statewide schedule for going 40 mph over the limit calls for a fine of $380. Not all of that is doubled, so in a construction zone it is $526. Note, for fines to be increased in a construction zone, either traffic must be actually regulated or restricted (e.g., traffic cones limiting where you can drive) or construction or maintenance must actually be underway. Merely having a sign, without actual traffic regulation or actual workers, does NOT result in an increased fine. (Veh C 42009.)
I’m not sure what your defense will be, other than the officer not appearing (which is unlikely). "I wasn’t going THAT fast" is not a defense. Any speed over 55 (or 65 on some freeways) is going to violate the maximum speed limit, so unless you can get your speed under that you have nothing. To qualify for a lower fine, you would have to be going less than 26 mph over the limit, so you would have to be able to show a speed of 65 or under.
I would say that unless you have a good argument that the construction zone charge does not apply in your case, you should go to traffic school if it is available. In some courts, you may have to go to court and ask for traffic school for speeding at this rate, it is not automatically available. What you should say, if the officer is there, is "May I go to traffic school, please?"
January 18th, 2010 - 17:02
the fine will be a few hundred dollars for sure.
you should expect that the officer will show up.
say your "Very sorry" and only mention that you didn’t know it was a construction zone one time and one time only
January 18th, 2010 - 17:02
Why are you going to contest it? From the above description, you admit doing it. Pay your fine, learn a lesson, and don’t do it again.
The higher your speed, the higher the fine…40mph over is pretty extreme.