Re: Cited for Speeding 1 MPH Over the Limit, VC 22349(A)
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?
If anything, instead of a fine of $360 for 16 over, you're looking at $230 for 1 over.
I am right 97% of the time... Who cares about the other 4%!