Re: Speed Trap, No Speed Survey on File
Just because you were cited for 22350 and the officer used Lidar (or Radar) does not automatically invoke the speed trap rules (40800 - 40808) and the survey requirement.
Here is VC 40802(a)(2) [I underlined the "qualifier"]
A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, 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.
It depends on what speed you were cited for...
I don't know which section of the 710 freeway you were cited in but I imagine the limit is 65mph, which means it is the state's maximum limit which means a speed survey is not needed to justify it, it is set by statute! But in simple terms, it means the speed limit was established per VC 22349 which is not listed as one of the code sections requirng an E&T survey to justify the limit!
So why did the officer cite you for 22350 instead of 22349?
Several scenarios, and here are a few...
1) He cited you for a speed that is lower than 65mph, but due to conditions existing at the time, even a speed that is lower than 65mph may be unsafe (i.e. it violated the "Basic Speed Law").
2) He cited you for a speed that is pretty close to the 65mph limit, but safety I(I should say "lack thereof") was a contributing factor why he cited you.
3) He cited you for driving too fast in a construction zone.
So for an accurate answer, you need to either (scan and upload an image of your citation to(for example) photobucket.com, the post the link here) or provide us with the following details from the citation:
We know the code section is 22350... What did he write in the following boxes/sections:
Location of Violation(s)?
Comments: (Weather, Road, traffic conditions)?
I am right 97% of the time... Who cares about the other 4%!