Speeding Ticket, VC 22350

[peltz]

My question involves a traffic ticket from the state of: California

I received a ticket going 37 MPH in a 25 MPH zone. I would like to know if it is required there be a speed limit sign posted? After receiving the ticket I circled back to where I turned onto the street to where I received the citation and there is not a posted speed limit sign. The street starts from where I turned onto to it from a major 4 lane divided highway. This was a two lane road in a business park area. Thanks!

[flyingron]

No signage is required for the basic speed law you were cited with as you weren't even charged with exceeding a posted speed.
In fact, the prima facie speed limit for many areas is 25 MPH in the following places:

(A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.

(B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds.

(C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs.

[quirkyquark]

Absolutely... (A) is what might have gotten you into trouble here. However, if the cop got you with radar/lidar, the speed trap law (and associated defenses) still applies UNLESS the road was a "local road".

prima facie speed limit that is provided by this code[/U] or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352...if that prima facie speed 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. This paragraph does not apply to a local street, road, or school zone.

(b) (1) For purposes of this section, a local street or road is one that is functionally classified as “local” on the “California Road System Maps,” that are approved by the Federal Highway Administration and maintained by the Department of Transportation. When a street or road does not appear on the “California Road System Maps,” it may be defined as a “local street or road” if it primarily provides access to abutting residential property and meets the following three conditions:

(A) Roadway width of not more than 40 feet.

(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.

(C) Not more than one traffic lane in each direction.

You need to either provide a more precise location or use your city/county's zoning maps, etc. to figure out whether you can use the speed trap defense.