Speeding Ticket, Officer's Recommended Limit Contradicts Posted Speed Limit

[highonboba]

My question involves a speeding ticket from the State of: California

I was cited with VC22350 in a 30MPH zone but on the citation itself, the officer states that safe for conditions at the time was 35MPH.

I've requested and looked over the city's engineering surveys and the survey state that 30MPH is the reasonable, recommended limit.

Does the officer's judgment/authority supersede posted limits or is there an argument for dismissal based upon the contradiction?

Thanks!

[aaron]

The officer's assessment was based upon what? Bad weather?

[That Guy]

What did he enter in the "Speed Approx" box? And how did he measure your speed?

[highonboba]

50MPH using LIDAR

Posted Limit: 30MPH
Safe Speed: 35MPH

Wet road, Cloudy, LT traffic, in a business zone on a 4 lane highway at 8:30AM

I'm getting my TBWD papers ready and will be submitting it this month.

Do I mention this detail in the Statement of Facts or should I leave it blank as suggested by helpigotaticket.com website?

[That Guy]

50MPH

Then the "safe speed" is not as relevant as it may seem. Even if it were, you were cited for exceeding the "safe speed" by 15mph.

Basically, the case will be based upon the 30mph posted limit (and so will the fine amount). So as long as the posted limit is justified by an E&T survey (and you say it is), as long as the officer is P.O.S.T. trained and certified, and as long as the LIDAR unit had been calibrated within the 3 year period prior to the date of the alleged offense, then VC 22351(b) rears its ugly head and says: "The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing".

So even if you were to argue that the officer deemed the "safe speed" as 35mph, you're still 15mph in excess of that speed and you will likely be found guilty.

[highonboba]

Do I have to be cited for VC 22351 for it to "rear its ugly head?"

I was cited for VC 22350 and my understanding is that they were different charges?

[That Guy]

Do I have to be cited for VC 22351 for it to "rear its ugly head?"

I was cited for VC 22350 and my understanding is that they were different charges?

I realize that you were cited for 22350.

VC 22351 works in conjunction with VC 22350 in that it shifts the burden of proof back to the defendant to justify his speed if/when the officer meets the requirements under VC 40802.

VC 22351 works in conjunction with VC 22350 in that it shifts the burden of proof back to the defendant to justify his speed if/when the officer meets the requirements under VC 40802.

I should rephrase that:

VC 22351 works in conjunction with VC 22350 in that it allows you the opportunity to refute the presumption that "your speed was unlawful simply because it was in excess of the prima facie limit" by providing the court with any competent evidence to the contrary.

In reality (your case) you were in excess of BOTH, the P.F. limit AND the "safe speed" and as such, you'd have no valid argument.

[DavidForthoffer]

the survey state that 30MPH is the reasonable, recommended limit.

That recomendation is what the speed limit sign should be.

The survey's 85th percentile speed is actually the maximum safe speed. It might be e.g. 38 mph.

I recommend getting Fight Your Ticket & Win in California, as it has a number of ways to contest the validity of an engineering and traffic survey (some of which I contributed).