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Each year, traffic tickets around the country cost drivers just about $5.1 billion. That comes from over 93,000 tickets each and every single day. And out there leading the charge with more than 5,000,000 tickets each year is California.
California speeding tickets are the most common of all traffic tickets in the state. But the sheer number of possible violations in the California Vehicle Code enables police officers to write more than four million tickets every year. That’s more than any other state, even New York.
Part of the reason why California issues the greatest number of tickets is because it has the greatest number of licensed drivers. More drivers equals more tickets and more tickets equals more money for the government. In a state with sky-high taxes already, traffic ticket fines and fees are becoming increasingly difficult to pay.
To beat these tickets, more and more people are switching to WinIt every day. This article will show you why while teaching you everything you need to know about California speeding tickets.
What is Defined as a Speeding Ticket in California?
California’s traffic laws are all part of the California Vehicle Code (CVC). The CVC contains many kinds of laws and regulations spanning well over 42,000 sections and 18 divisions. Printing out all of those pages would take hours and reading them would take even longer. But that’s what lawyers are for!
The California Vehicle Code has five main sections that deal with speeding tickets: CVC subsection 22349a, subsection 22349b, §22405, §22406, and §22407. Each of these sections covers different specific rules, but they all deal with speeding in one way, shape, or form.
To make things simple, there are two kinds of speeding laws in California: basic speed law and official speeding. Basic speed law states that you must drive safely and responsibly given the current circumstances, regardless of the posted limit. Normal speeding just means driving over the posted limit.
Subsections 22349a and 22349b set a hard speed limit for highways and two-lane roads (65 and 55 miles per hour respectively). These limits make it illegal to travel anywhere in the state at a speed above that limit. However, CVC section 22356 authorizes the state to change the max speed to 70 miles per hour, so you might see some changes in the future.
How Much Is a Ticket for Speeding in California?
California’s Vehicle Code (CVC) lays out steep penalties for traffic violations. Those penalties include massive fines, fees, and surcharges as well as the potential revocation of your license—or worse. Depending on the nature of your charges, you could face years in prison and thousands of dollars in additional civil penalties.
Here’s a list of fines you could be facing for exceeding the posted speed limit:
| Description | Fine Amount | Construction Zone |
| Speeding by between 1 and 15 miles per hour. | $238 | $367 |
| Speeding by between 16 and 25 miles per hour. | $367 | $525 |
| Speeding by more than 26 miles per hour. | $490 | $648 |
| Driving over 100 miles per hour. | $900 | Varies |
In construction zones, speeding ticket fines increase by almost half. In dedicated safety enhancement zones, the fines can be even higher. Of course, that’s not even including the surcharges.
Surcharges can sometimes double, triple, or even quadruple the cost of a speeding ticket. For example, let’s say you have a squeaky clean driving record and the judge happens to like you. You could have a minor speeding ticket reduced to only $35. However, $98 in surcharges could turn that into a total cost of $133, 380% of the original fine amount.
Of course, it’s unlikely to have to pay such high surcharges on such a low fine. However, it’s also unlikely to get such a low fine in the first place. Here’s a list of common surcharges that you might have to pay:
| Description | Cost |
| State assessment fee. | $10 for every $10 of the base fine. |
| County assessment fee. | $7 for every $10 of the base fine. |
| DNA ID fund penalty. | $4 for every $10 of the base fine. |
| State court construction penalty. | $5 for every $10 of the base fine. |
| Emergency medical services fee. | $2 for every $10 of the base fine. |
| Emergency medical air transport fee. | $4 for every $10 of the base fine. |
| Court operations assessment. | $40. |
| Criminal convictions assessment. | $35. |
| Night court assessment. | $1. |
How Long Does a Speeding Ticket Stay On Your Record in California?
Every state treats speeding tickets a little differently. All California speeding tickets stay on your record for a maximum of 39 months.That’s three years and three months, or around 400 days.
Most California speeding tickets are traffic infractions. Infractions are the least severe violations of the California Vehicle Code. Only a few speeding tickets will ever go to the next level up—misdemeanors. For example, speeding by more than 30 miles per hour in California is a misdemeanor.
If you get a misdemeanor speeding ticket, you could end up with a criminal record. If you’re above the age of 18, that criminal record just might last a lifetime. However, most people will only be able to see the last seven years of your record. Although the conviction will never go away, it will only be visible for those seven years.
If, for any reason, you fail to appear for a speeding ticket hearing, you could be charged with failure to appear and your speeding ticket could stay on your record for another five years.
However, if you get your ticket dismissed in a court of law, you won’t have to worry about this at all. In California, nothing can go on your criminal record unless the charges resulted in conviction.
Tips to Fight California Speeding Tickets
When it comes to fighting California speeding tickets, lawyers will be your best friend. They can show you the ropes, teach you what you need to know, and do all the heavy lifting for you. But they come with a bit of risk: You might end up paying more. However, if you can stomach the extra risk, you just might walk away scot free.
Whether you choose to hire a lawyer or not, there are many different things you can do to fight a speeding ticket in California. Knowing what kinds of motions to file, what the general strategies are, and how to request evidence can help you build an airtight case.
Trial By Written Declaration
Most of us lead busy, busy lives. You might have children, school, or a job that demands full-time attention. If you can’t afford to take time off to go to court, then a trial by written declaration might be for you.
A trial by declaration allows you to fight your speeding ticket without ever having to step foot in a courtroom. By filing one of these documents, you can tell your side of the story just like in normal traffic court but without all the stress.
In court, you have only a few minutes to say your piece, present your evidence, and hope for the best. For non-lawyers, that kind of pressure combined with a fear of public speaking can cause crippling anxiety.
To file a trial by written declaration, complete the necessary documents and submit them to the court. You can only do so by mail. This is a great option if you live out of town and don’t want to hire a lawyer.
How to Beat Radar Guns
Radar, an acronym for radio detection and ranging, is a scientific method used to measure the distance of an object. Radar guns, like what police use to write speeding tickets, also have computers in them that help to calculate the speed of moving objects like motor vehicles.
As with any scientific technology in a court of law, the police officer has to be certified to use the device. They also have to follow certain requirements and regulations concerning the use of said device.
One of the most effective ways of beating a radar speeding ticket in California is to call into question the accuracy of the device. If it has not been recently calibrated, it may be inadmissible. If the officer doesn’t have the requisite certifications, it may be inadmissible. If there is case law describing the gun as inaccurate, it may be inadmissible.
The list goes on.
How to Beat Visual Estimations
Radar guns (and their lidar cousins) aren’t the only tool at police officers’ disposal. Police officers in California are considered expert witnesses when it comes to speeding tickets. As such, they’re able to write tickets based on visual estimations of your speed. In other words, total guesswork.
Police officers are allowed to pull you over for speeding as long as they believe you were speeding, regardless of whether you actually were. If you’re pulled over by a mistaken police officer, you’re going to need to think about a few things before court.
In court, try to cast doubt on the police officer’s ability to remember the encounter. Since court can be weeks after the ticket was written and since California police officers write dozens of tickets each week, it’s likely that the officer won’t remember everything about your specific case.
One way to do so is to ask the police officer for the exact amount of time that they used to estimate your speed. If they give a vague answer (like, “maybe three or four seconds”), take advantage of the uncertainty.
They don’t know? Maybe it was four, five, or even six seconds. The longer the time, the slower your vehicle was moving. The slower your vehicle was moving, the less likely it was that you were speeding.
How to Beat the Police Pacing Methods
Police pacing methods can be hard to beat. This method involves the police officer matching your vehicle’s speed by following, leading, or driving parallel to you. They’ll keep an eye on their speedometer for a bit and, once they’re sure you’re speeding, they’ll pull you over.
One way to cast doubt on the ticket is to ask for the most recent calibration of the officer’s speedometer. If their vehicle hasn’t recently been calibrated, it’s possible that the speedometer isn’t all that accurate. In the eyes of the court, an inaccurate speedometer is often not grounds for a speeding ticket.
Ask for All the Evidence that the Other Side Has
The most important thing in any case is the evidence. Just as you should collect your own evidence for your argument, so too will the prosecution collect their evidence for their argument. In order to best prepare to fight the ticket, you’ll want to get your hands on the prosecution’s evidence.
Point System in California for Speeding
California uses a point system for traffic violations. Most minor violations are worth zero or one point but more severe violations can be worth more. For example, running a red light is worth one point but getting a DUI is worth two. Here are a few examples of one-point violations in California:
- Causing an Accident
- Speeding
- Running a Red Light
- Unsafe Lane Change
Here are a few two-point violations in California:
- Driving on a Suspended License
- DUI
- Leaving the Scene of an Accident
- Reckless Driving
Is There a Way to Avoid Points on My License?
The best way to avoid points on your license is to beat the ticket in court. If you beat the ticket—that is, if you get the ticket dismissed—you won’t have to worry about points adding to your license. Points for speeding tickets in California only go on your license after a conviction. Arrests and tickets will not show up on your record unless the charges result in conviction.
Another way to avoid points on your license in California is to request traffic school during trial. If you think you’re going to lose and if this is your first time getting a speeding ticket, you may be able to convince the judge to defer your case until after you complete traffic school. At which time, the charges may be dropped and the point will not appear on your license.
For more severe traffic violations and offenses, however, you will not be likely to receive traffic school as an alternative to sentencing. In that case, you will likely be facing jail time.
Can I Get a Felony for Speeding in California?
Yes, you can get a felony for speeding in California. No, you cannot get a felony for a speeding violation in California. What’s the difference? Speeding violations are the least severe crimes associated with speeding in general.
Like we said before, there are multiple tiers of speeding violations. The lowest tier is the infraction. This is what you’ll be charged with for speeding by less than 30 miles per hour. Next up is the misdemeanor, which you’ll be charged with for speeding by more than 30 miles per hour. That’s called excessive speeding.
If you’re charged with excessive speeding while you’re also weaving or otherwise driving dangerously, the officer might also charge you with reckless driving. Reckless driving resulting from speeding can be either a misdemeanor or a felony. As a felony, it is punishable by up to three years in state prison and/or up to $10,000 in fines.
Will My Insurance Automatically Go Up from a Speeding Ticket in California?
Insurance rarely “automatically” increases. Most of the time, insurance increases from speeding tickets are a result of the Department of Motor Vehicles (DMV) reporting your violations to your insurer. When they do so, your insurer will compare the violation to their internal point system and determine whether to increase your insurance and by how much.
It is uncommon for insurance investigators to personally request the records of people who have been with the company for a long time. However, they are more likely to pull your record if you request a new rate, a new plan, or otherwise change your information.
It is possible that a speeding ticket will not affect your insurance. But that’s rare. In most cases, you can expect an insurance increase of around 23.2%. To find out just how much that will cost you, multiply your insurance premiums by 0.232.
To look at this increase another way, that’s almost another quarter on top of every dollar paid.
However, getting your ticket dismissed can prevent this insurance increase altogether.
How Much Does It Cost for a Lawyer to Fight My California Speeding Ticket?
Hiring a lawyer to fight a California speeding ticket costs a whole lot less than paying the ticket. Once you consider insurance increases, fines, surcharges, and the whole shebang, you could end up paying well over $1,000. With a lawyer, you could end up only paying a fraction of that.
Many lawyers charge only a flat rate to fight your tickets. For each victory, you could end up paying only a fraction of the fine, saving countless dollars on unpaid surcharges, fees, and other costs.
You can easily find affordable lawyers on the WinIt app for iPhone and Android. Hop on over to the App Store of Google Play, download the app, and get started beating those tickets. After all, your money belongs to you, not the DMV. Fight your ticket and win it with WinIt.
