Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Unlit Speed Limit Signs in California

    My question involves traffic court in the State of: California, Santa Clara County

    First off, I want to thank That Guy, quirkyquark, and themadnorwegian for their advice in other threads. I'm beginning to become a bit more familiar with procedures and common strategies, but it's been tough to weigh arguments without experience. Would love to hear your thoughts in terms of arguments or things to ignore.

    I was cited on a small stretch of a local highway which runs through a residential district going "45+" in 25 for CVC 22350 (though I swear it was less than 35 which is the speed limit of the highway otherwise). It wasn't until a few days later that I realized that I had missed seeing the "25" speed limit signs due to street lights that only turn on after a couple cars have passed. In this case, it was late enough that there were no other cars, so no street lights.

    I'm trying to get a good sense of the following arguments:
    1. Unlit Signs. I'm unsure of the legal connotations. Couldn't Prosecution could just argue for headlights?
    2. Inconsistencies. Citing officer records speed at "45+" even though he tells me in person that it is "38", it is "cloudy" instead of "clear", and the date was wrong (though they sent a notice a few weeks later to correct it). It seems like trying to discredit the officer would be a strategy that might breed ill-will from the judge.
    3. Safe Speed. The Court is known to interpret speed limits as absolute even if the officer acknowledges that the driver was driving at a safe speed! Is it still worth arguing?
    4. Speed Trap. This seems to be similar - most of the Courts rulings are against this.
    5. Survey Speed. This district routinely rounds down, and then subtracts 5mph, but it is still highly unlikely that "recommended speed" is greater than "45+".
    6. Lack of Discovery. I ran across someone successful in citing CGC 26500 as grounds for dismissal in light of not receiving evidence from the Prosecution. The Discovery Request sent was rather conservative in light of 1054.3 - should I be borderline excessive for a Trial de Novo?

    I've received a TBD form, and filed a Informal Discovery Request today for records and survey but haven't heard back yet. If I'm anticipated them ruling against me in the TBD, wherein I request a Trial de Novo and a peremptory challenge for a non-Madden judge, would there be any reason to withhold arguments until a Trial de Novo?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Unlit Speed Limit Signs in California

    Quote Quoting tortous
    View Post
    My question involves traffic court in the State of: California, Santa Clara County


    1. Unlit Signs. I'm unsure of the legal connotations. Couldn't Prosecution could just argue for headlights?
    Unlit signs are not the issue. Signs you could not see would be. Could you see the signs (with your lights being operational of course)

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Unlit Speed Limit Signs in California

    Quote Quoting tortous
    View Post
    1. Unlit Signs. I'm unsure of the legal connotations. Couldn't Prosecution could just argue for headlights?
    2. Inconsistencies. Citing officer records speed at "45+" even though he tells me in person that it is "38", it is "cloudy" instead of "clear", and the date was wrong (though they sent a notice a few weeks later to correct it). It seems like trying to discredit the officer would be a strategy that might breed ill-will from the judge.
    3. Safe Speed. The Court is known to interpret speed limits as absolute even if the officer acknowledges that the driver was driving at a safe speed! Is it still worth arguing?
    4. Speed Trap. This seems to be similar - most of the Courts rulings are against this.
    5. Survey Speed. This district routinely rounds down, and then subtracts 5mph, but it is still highly unlikely that "recommended speed" is greater than "45+".
    6. Lack of Discovery. I ran across someone successful in citing CGC 26500 as grounds for dismissal in light of not receiving evidence from the Prosecution. The Discovery Request sent was rather conservative in light of 1054.3 - should I be borderline excessive for a Trial de Novo?
    Unlit signs isn't going to work... The signs are painted with reflective material; and your headlights should be sufficient.

    Inconsistencies and unless you can prove them in court are worthless.

    Safe speed/speed trap/ Speed survey are not relevant here... Simply because the 25mph is a statutory limit in a residential district. This also impact you unlit signs argument... the 25mph speed limit need not be posted in a residential district!

    Discovery arguments won't get you a whole lot of beans in an infraction case!

    Back to the drawing board I guess!

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Adequacy of Speed Limit Signs
    By Dizzyhawk in forum Moving Violations and Traffic Tickets
    Replies: 19
    Last Post: 07-20-2010, 01:35 AM
  2. Speeding Tickets: California Speed Trap Law - Unjustified Speed Limit
    By zaqweewqaz in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 03-15-2010, 10:25 AM
  3. Speeding Tickets: California - Pace 22349(A): Speed Limit vs Maximum Speed
    By h8dlapd in forum Moving Violations and Traffic Tickets
    Replies: 5
    Last Post: 12-21-2009, 10:11 PM
  4. Speeding Tickets: Speed Limit Signs and Traffic Studies
    By Mr Ed in forum Moving Violations and Traffic Tickets
    Replies: 8
    Last Post: 07-05-2009, 02:00 PM
  5. Speeding Tickets: No Posted Speed Limit 22349a in California
    By mrgroov in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 06-15-2009, 08:20 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document