Bigger & Harman - July 2024

Speeding tickets are among the most common traffic violations, and the stakes for truckers who get one are high. Convictions can result in a steep fine, lost employment, skyrocketing insurance on trucks, and restrictions on driving. SPEEDING TICKET MYTHS TO AVOID TICKET TACTICS

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If you are ticketed for speeding, knowing your options under the law is essential. Here are four misconceptions about speeding tickets to avoid.

First, your ticket will not automatically be thrown out if the arresting officer does not show up in court. Law enforcement officers are required to appear for your trial but not for your arraignment. Hoping they fail to show is hardly a strong defense. It’s a gamble, with your driving privileges as table stakes. A better path is to work with an experienced traffic attorney who can advise you on whether the officer is likely to appear, what procedures to use to increase the odds of a good result, when to negotiate to avoid points, and what arguments to use if the officer does show up to get the charges dismissed anyway. Second, some truck drivers believe they should just take traffic school if ticketed in their private vehicle. This is not true either. You have a legal right to dispute any ticket and the advantages of traffic school for a trucker are not as great as for a Class C driver. A conviction is not confidential for truck drivers even if they take traffic school. The point is avoided, but your employer, insurer, and the feds all can still hold the speeding ticket against you. Third, some people believe they can ignore a speeding ticket if they were cited outside their home state. Don’t do it! The states have an agreement to share information about drivers’ citations and cooperate in enforcing safety laws. If you have a speeding ticket from another state, California has the right to assess penalties until you resolve it. Finally, a common belief is that your speeding ticket will be thrown out if the officer makes a clerical error, such as writing the wrong vehicle code. This doesn’t usually happen. If an officer makes a mistake, they might file a correction with the court or ask the judge at your hearing to change it.

“May the God of hope fill you with all joy and peace as you trust in him, so that you may overflow with hope by the power of the Holy Spirit.”

While judges should deny an in-court request, they may grant it if you appear without an attorney and don’t insist on correct procedures. If you have received a speeding ticket, reach out to an experienced traffic ticket attorney to help you plan your response. We will be happy to meet with you for a free, no- obligation consultation.

ROMANS 15:13 NIV

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