joltdudeuc

iTrader: (6)

22358.5. It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions.


So, i got a tix in Tracy where i was driving 60 in a 40.

2 miles prior the speed limit was 55mph, so 60mph seemed justified on a clear, new years morning, as i was the ONLY car in sight, both directions.

As you pull closer to town, the speed limit drops, and i did not notice this. So, i got pulled over. Now, where it's 55mph, the road is 1 lane each direction and very old and broken... typical country road. within 2 miles, the speed limit is taken down to 40mph <went back anc checked, and the officer was correct>, HOWEVER, the street is BRAND NEW, like, 3 years since repavement, 2 lanes each direction, and a center divide!!! That means the road conditions got MUCH better, would the above CVC be in my favor for my write up?? At the moment that the officer pulled up on my, there was one car in the lane next to me.

-Gagan

Steppin Razor

iTrader: (5)

Okay, in my opinion you shouldn't even request traffic school on this one. You should plead not guilty and fight the ticket by mail. How does this sound?

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.

The facts of my case are as follows: While driving on Sorrento Valley Road on 10-21-99, I was stopped by a SDPD Officer (I.D.#1234) and was charged with violating CVC 22350. The Officer has alleged that I was driving 62mph in a 45mph zone based on Radar evidence. I believe that I was driving approximately 50-55mph at the time of my stop and that my speed was quite safe for the prevailing conditions.

The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

At the time of my stop, the road was dry and clear with light traffic. On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.

Further, I believe that the posted speed of 45mph on Sorrento Valley Road is artificially low, reflecting an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Sorento valley Road is more than five years old, the officer's use of radar to determine my speed was illegal.

When using radar evidence, the prosecution is required to prove that the use of radar is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."

If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Sorrento Valley Road is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar evidence inadmissible and dismiss my case pursuant to CVC 40805.

CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgement of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."

I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

joltdudeuc

iTrader: (6)

LOL, TixAsassian Copy and Paste

LOL, you're hella comedy Tim!



Yeah, i'm going to fight it by mail. At first i had nothing, other than i felt that the conditions were better, yet the speed limit dropped. I honestly did not see this. 3rd time ever driving on that road. He noticed that i was out of town too.

Yeah, with that CVC up there, i THINK, i have a solid case. I'm going to take pictures and everything now. 55 where the road sucks and 40 where it's, well, near perfect.

He also said when he walked up "I clocked you doin 63......."

later i asked to see the radar and he said "Oh, i paced you. Going so fast, ya didn't even see me" He was a nice *** cop, doing his job, but man... I was totally fine at 60.

-Gagan

Steppin Razor

iTrader: (5)

What, you don't think I'm smart enough to whip that up in less than 5 minutes? haha

You're set especially because the guy said he was pacing you. Were you looking in your RVM?

BTW what county was it in? Perhaps I can use my lawyer skillz for you on this one. As for right now, I'm going to have to rest this "beautiful mind" so I don't pass out at work tomorrow (as a ****ing shoe salesman). >:-(

joltdudeuc

iTrader: (6)

Sounds good.

Tim, San Joaquin County
The name of the rd is Corral Hollow

-Gagan