Cited for Speeding 1 MPH Over the Limit, VC 22349(A)

[KimYoung]

I was traveling south bound on Grand Avenue, past Valley Blvd in the City Of Industry Calif. The posted speed limit is 50 MPH, is was stoopped by an L.A. County Sheriff officer. The officer showed me his laser with a digital readout of 66. I was cited for violation 22349(a), he wrote on the citation "exeeeded max speed limit". Since VC 22349(a) states: "no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour" (the officer said I was traveling at 66 MPH). Should I defend this by trying to prove the margin of error for the equipment and the operator is less than 1.01538%?

This took place on a Saturday afternoon at approximately 3:00. Last note, on the citation, the officer claimed the color of my vehicle was Grey, when clearly its' Blue? What was he thinking? Any help to defend this is much appreciated, there's a lot of smart individuals on this forum. Thanks in advance!

[That Guy]

Should I defend this by trying to prove the margin of error for the equipment and the operator is less than 1.01538%?

I wouldn't call this a "material defect" as it is in fact a valid citation, so a demurrer will more likely be denied at the arraignment. In fact any motion to dismiss at the arraignment has a good chance of being rejected.

Still, what I would do is to appear in court on the date noted on the citation (and courtesy notice which you will receive in a couple of weeks), when your name is called, walk up, wait for the judge to read you your rights and the charge, and ask you "how do you plead?". Your reply should then be "your honor this citation was written for 1 mile over the speed limit, rather than waste the court's time and the officer's time with it, knowing the margin of error for the device used is also +/-1mph, I move for a dismissal in the interest of justice"

Judge's likely answer? "Motion denied, how do you plead"... This is especially true if he's familiar with the area of Grand and Valley, and can see that the limit is 50mph with your speed being at 16over the posted limit. And yes, I realize that you were not cited for exceeding the 50mph posted limit... But see the officer could have easily cited you for 66 in 50, in violation of VC 22350. But my guess is that there are either issues with the E&T survey, the speed limit is not justified... etc., a 1mph over in violation of 22349 sounded better to him than a 16mph over in violation of 22350 but one he might have known he would lose.

If ^that doesn't work, you're obviously stuck with either a Trial by Declaration or an in court trial! And you can decide based on the outcome at the arraignment.

Which court are you appearing in?

Good luck!

If anything, instead of a fine of $360 for 16 over, you're looking at $230 for 1 over.

[KimYoung]

Hello That Guy,

Thanks for the reply. The court is West Covina. This is kind of interesting, because usually I've been to Pomona Superior in the past. Would you suggest for me to obtain the E&T survey and have it available at the arraignment?

[sniper]

Hello That Guy,

Thanks for the reply. The court is West Covina. This is kind of interesting, because usually I've been to Pomona Superior in the past. Would you suggest for me to obtain the E&T survey and have it available at the arraignment?

If a max speed is cited the officer is not supposed to state what the P.F. speed is in court (your case 50). If you bring it up then the judge will know it was a 50 zone. The judge will know the officer cut you a 15MPH break and will probably find you guilty for the 1MPH over. The survey in this case , IMO, is like pulling a pin on a grenade, letting go of the spoon and not throwing it (suicide).

[HonkingAntelope]

On the other hand, a survey MUST be introduced if the officer relied on the P/F limit (don't remember the exact case cite at the moment)

[KimYoung]

Hello Sniper,
How did you calculate I got a 15MPH break? My fine is $360? I understand your suggestion about the survey, and I appreciate it. I believe my best approach is to continue challenging the 1MPh. Thank you.

[aaron]

The math is pretty simple: 66 MPH (your speed) - 50 MPH (the speed limit) = 16 MPH over the limit. You were cited for 1 MPH over the speed limit. 16 MPH - 1 MPH = the 15 MPH break.

[quirkyquark]

If a max speed is cited the officer is not supposed to state what the P.F. speed is in court (your case 50). If you bring it up then the judge will know it was a 50 zone. The judge will know the officer cut you a 15MPH break and will probably find you guilty for the 1MPH over. The survey in this case , IMO, is like pulling a pin on a grenade, letting go of the spoon and not throwing it (suicide).

It is, unless the OP is prepared to make a coherent argument at trial (de novo) and prepared to appeal this if necessary.

There have been a number of cases dealing with the application of speed trap laws when the driver was in excess of the maximum speed and cited as such (or cited for violating 22350). I'm not going to discuss them in detail at this point, but they've cut both ways. The important holding in ALL of them (as HA mentioned) is that if the officer relies on the p.f. limit in issuing the citation, the speed trap laws apply (e.g. if he testified that "I visually estimated defendant was in excess of the posted 50 mph, and so I cited him for 22349(a)" -- he is relying on the p.f. limit)

Here, any assumption (implicit or explicit) that the OP was given a "break" would imply reliance on the p.f. limit of 50 mph and the speed trap laws apply. On the other hand, if the officer and court rely solely on the 65 mph maximum, it's extremely easy to have dismissed because the MINIMUM error of all LIDAR devices currently in use is at least +/- 1 mph (for some, 2 mph).

I highly recommend OP get a copy of the survey asap to see if he can put the 22350 "option" at rest. Also, does the RADAR/LIDAR/etc. box list the serial number of the unit used?

[KimYoung]

Ok, I need a little help. On Monday, I went to appear for my speeding ticket at the West Covina courthouse. After standing in line for 35 minutes, when I get to the window, I tell the clerk I would like to see the judge for my arraignment. The clerk saids it not possible today, if I want to see the judge, I'll have to come back on 06/22/2012. Apparently, this court is very backed up. I was going to use the advice given by "That Guy", hoping to have it dismissed. My question is, is there a time limit for arrignments? Do arrignments have to be done within a certain time limit of my citation? Do I have a new technical angle to contest this citation? Thank you.