My question involves a traffic ticket from the state of: California
I received a traffic citation for violation of 22350 allegedly going 44 in a 30 mph zone. Here is the run down: Got pulled over in a 40 mph zone headed onto a freeway. Motorcycle officer approaches the car and asks if I know why he stopped me. I honestly didn't know. The only thing I could think of was as I was in the intersection headed onto the freeway ramp the light turned yellow. He said, "No, that was legal." He asked me if I knew how fast I was going and I replied that I travel with the flow of traffic. He said that was my problem -- that there was no other traffic. Then he showed me his (radar?) gun which read "44" and said I was in a 30 mph zone. He went on to say that they (SDPD I assume) are getting complaints from residents "by the hill"(insinuating he was referring to gaining speed going down the hill) in that area that the traffic moves too fast. I said "okay," and gave him my lisence; he went back to his bike and brought me a ticket. He said I could go to online traffic school if desired, that a courtesy ticket "might" come in the mail before the date to appear (1/24/11 -- why so long from date of ticket?), but I should call the court in a few weeks just to make sure I got the information, then had me sign and he sent me on my way. Everything was cordial and respectful.
Here's the run down: I don't think the exact address he listed on the ticket as the location of violation exists, but from Google Maps I can locate the general area. From that location to the location I was pulled over I traveled through three (green) traffic lights -- one of which, unless you don't care about the undercarriage of your vehicle, you must slow significantly -- straight onto the freeway on-ramp, where the speed limit changed to 40 mph. Another car or two had made a right turn onto the ramp behind me. The officer came around them and pulled me over. The weather conditions were dry and clear (he noted "CLR" on the ticket), road conditions were also dry and clear with good road condition and visibility and there was no other moving traffic (he did not indicate anything as far as heavy/light traffic on the ticket). He was correct in that there was no other moving traffic on the roadway, additionally there were no pedestrians on or in the roadway. There were, however, parked cars on the side of the road, but I was not in danger of hitting a parked car. Additionally, he did not indicate the device (radar, I think?), nor the unit number on the ticket. Would I only need this information if I were to request discovery on the device used to determine speed? In my opinion, I was driving safely for the conditions and at no point posed a danger to person or property.
From here and other sites (helpigotaticket, ticket assassin, etc.) it appears the first step is to obtain the Engineering & Traffic Survey for that portion of the road. I checked the CalTrans website and the road is listed as "Minor Arterial" and the characteristics are two lanes in each direction with room for parked cars on both sides of the road. Additionally, I called the Traffic Engineering Department for the City of San Diego. I was told they have 30 days after the request, but usually they do it "right away" and was emailed a request form to fax back. On the form there is a check box asking if the documents are for litigation purposes against the City of San Diego. Do I have to disclose the reason I'm seeking the information? Also, it appears they might be conducting a survey currently. I remember seeing them out there with survey tripods in the recent past (within the last 6-7 months) and there is currently one of those light up signs posted above a speed limit sign that flashes your speed as you approach -- it flashes most of the time I see it. I make a turn at the street immediately beyond it, so I'm going slow to round the corner. That was not a shamless plug to show I'm a careful driver -- okay, maybe a little. In my travel on this road, the times I drive it, which is most weekday mornings and afternoons, traffic generally moves around 45 mph, though some drivers zoom past faster. And lastly, is it advisable to request the survey via a discovery request or directly using the form emailed to me?
I've tried to be succinct, yet provide a detailed account in hopes of receiving some input/advice from the knowledgeable posters here. Thank you in advance.