Can a bike club fight speeding tickets on issued to them on the way to biker event if they weren’t really speeding but we being profiled?

My boyfriend is in a motorcycle club and they were pulled over on the highway on the way to an event by a gang task force, CHP, and the local police. They were harassed and all given speeding tickets’ the authorities said they were going 5 miles over speed limit, however they pulled over a bunch of other bike clubs and wanted to take pictures. We believe it was profiling as they weren’t doing anything to get pulled over. If you can please give any advice on what they can do.

Asked on February 23, 2019 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is very hard to fight speeding tickets, since ultimately, you will be asking the judge to believe the ticketed drivers/riders, who have an obvious interest in avoiding or getting out of the ticket, instead of believing the sworn, trained, and presumably neutral (no personal stake in the outcome) law enforcement officers. As you can imagine, the judge almost always believes law enforcement.
I have not practiced in CA, but in my state (NJ), there are no point tickets with a higher fine that the proseuctor will often offer to people, if they are willing to pay more to avoid points on the license. Negotating a better plea, rather than fighting the ticket, is often the better option. That may be an option for boyfriend and his associates, if they are wiling to trade money for a lack of points. A good idea would be for them to jointly higher an experienced traffic ticket attorney (they can pool their money to make it more affordable) and let the lawyer negotiate a better deal or plea, perhaps like what I outlined above, for them.


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