Can I fight a speeding ticket if the officer mistakenly cited two different speeds on the ticket?
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In challenging a speeding ticket — particularly when there’s a material inconsistency on the citation itself, such as listing two conflicting speed zones (for example, a 50 mph zone and a 40 mph zone) — you may have a procedural defense. Courts generally require citations to be clear, accurate, and based on objective evidence.
If your ticket states you were going 62 in a 50 mph zone but also says you were 12 mph over in a 40 mph zone — when the 40 zone didn’t begin until a mile later — this discrepancy can be used to argue that the officer misidentified your location or inaccurately recorded the applicable speed limit.
This undermines the ticket’s integrity and casts doubt on the officer’s radar reading or observations. Under Vehicle Code §40500 et seq., any defects in the citation that create confusion or prejudice your ability to defend yourself can be grounds for dismissal.
Your argument that you were aware a reduced zone was approaching but hadn’t entered it yet supports that you were driving lawfully and cautiously. If you can present:
- A map,
- Timestamped dashcam footage, or
- Photos of posted signs along that stretch,
…it will strengthen your defense.
Courts do allow officers some leeway in estimating speed, but the burden of proof is on the prosecution to show the violation occurred in the correct zone and at the recorded speed. Any ambiguity or inconsistency raises reasonable doubt.
If you question the radar’s accuracy, you can request calibration and training records under Brady v. Maryland principles, since radar evidence must meet foundational reliability standards to be admissible.
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I got a speeding ticket for going 62 in a 50. It’s listed as that, and then the line below with the violation code says that I was “12 mph over in a 40.” The 40 speed zone is a mile or so ahead — would I be able to argue that case as an officer error and challenge the radar reading? Like saying I knew a 40 zone was coming up and assumed I was going the speed limit while I was looking for where the sign was, and that the officer fudged the reading?
I understand your situation. Were you pulled over in the 50 mph zone or the 40 mph zone?
I went 62 mph in a 50 mph stretch of highway. It was recorded inconsistently as two different speeds on the ticket.
Do you have any evidence to support your claim that the officer may have made an error in recording the speed?
The inconsistency of recording and what zone I was in was an error.
Is there anything else the traffic lawyer should know before I connect you? Rest assured they’ll be able to help with your speeding ticket.
Yes.
In challenging a speeding ticket — particularly when there’s a material inconsistency on the citation itself, such as listing two conflicting speed zones (for example, a 50 mph zone and a 40 mph zone) — you may have a procedural defense. Courts generally require citations to be clear, accurate, and based on objective evidence.
If your ticket states you were going 62 in a 50 mph zone but also says you were 12 mph over in a 40 mph zone — when the 40 zone didn’t begin until a mile later — this discrepancy can be used to argue that the officer misidentified your location or inaccurately recorded the applicable speed limit.
This undermines the ticket’s integrity and casts doubt on the officer’s radar reading or observations. Under Vehicle Code §40500 et seq., any defects in the citation that create confusion or prejudice your ability to defend yourself can be grounds for dismissal.
Your argument that you were aware a reduced zone was approaching but hadn’t entered it yet supports that you were driving lawfully and cautiously. If you can present:
- A map,
- Timestamped dashcam footage, or
- Photos of posted signs along that stretch,
…it will strengthen your defense.
Courts do allow officers some leeway in estimating speed, but the burden of proof is on the prosecution to show the violation occurred in the correct zone and at the recorded speed. Any ambiguity or inconsistency raises reasonable doubt.
If you question the radar’s accuracy, you can request calibration and training records under Brady v. Maryland principles, since radar evidence must meet foundational reliability standards to be admissible.
I don’t have dashcam footage going the same way, but I have a recording going the opposite way where I’d be able to point out where I was pulled over — well before the 40 zone.
That’s still useful.
So the best case I would have would be going for a misidentified radar reading while I was lawfully aware of where I was and waiting for the speed zone sign?
Yes — your strongest argument is that the officer misidentified the radar location, issuing the citation under the wrong posted limit. You can show that you were in a 50 mph zone, driving with awareness of the upcoming reduction, and that the ticket’s inconsistency creates reasonable doubt about the violation.
Cool, that helps a lot. I just need to go get radar records then. Would I be able to argue that the officer’s dashcam picked up my confusion when I looked back toward her after reading the ticket, to add to the confusion argument?
Yes, you can include that — it supports your credibility and highlights the confusion created by the officer’s inconsistent documentation.
