Re: Out-Of-City Cops put Wrong City on Ticket
The officer will more than likely testify that the violation occurred at "OakGrove / Middlefield Ath"... and nothing that you posted here will raise sufficient reasonable doubt as to the accuracy of that statement.
So you're admitting guilt but you're arguing location and jurisdiction! (maybe I was speeding back there, but not up here)
As I stated above, there's not much you can say to refute the officer's testimony of where the violation occurred. As for jurisdiction, you're free to make whatever argument you see fit before the court but the way I understand it, and so long as the citation is filed in the proper venue/courthouse (and in California, jurisdictions are divided by county), then you're argument that a California “peace officer” authorized to cite anywhere in the state, cited you out of his jurisdiction is NOT going to nullify the citation. The bigger burden that you'll have to prove though, is that the violation occurred in Menlo Park as opposed to Atherton. And frankly, I am just not feeling either argument.
Possible, although I see no reason why they would have to lie about location or speed.
Lets assume that the officer somehow benefits from writing a citation... Citing you for 35 in 25 carries the same penalty and requires the same burden of proof as citing you for 40 in 25... So I see no real reason as to why they would fake it... had he cited you for 41 in 25, then that would put you in the next fine bracket ($212 for 15 over versus $336 for 16 over), then I would think, “maybe”...
Not sure what that would infer...
Today's Radar can be used in either stationary of moving modes...
All that might add up to a quick correction before the judge orders the matter to proceed... Those discrepancies have no effect whatsoever on the elements of the offense with which you were charge. You were charged with is "allegedly driving at an unsafe speed in a 25mph speed zone". That speed limit, however, must be justified by way of an Engineering and traffic Survey. And that might present you with your only glimmer of hope in beating this citation.
(Read the “speed trap” definition and related information in California Vehicle Code Sections 627, 40800 through 40808 for more information)...
So what you need to do is to obtain a copy of that survey for the stretch of roadway where you allegedly committed the violation. Two ways you can obtain that... One would be to file and serve an “informal discovery request” (Google that and you'll find quite a bit of info on how to proceed)... OR, you can contact CalTrans and make a request through them for a copy. If that stretch of roadway happens to be maintained by a different authority than CalTrans, they would be able to direct you to the proper channel from whom you can request a copy.
Once you obtain that survey, you can come back to this thread and post a copy of it and hopefully someone will guide you further.
I am right 97% of the time... Who cares about the other 4%!