Speeding on an Unposted Road, VC 22350

[Xosanj]

My question involves a traffic ticket from the state of: CA

My question involves a traffic ticket from the state of: California

I got a ticket not too long ago. I have been looking at ways to defend this and i am getting pretty confused on how i can do this. I have read alot so far on the Speed trap Defense but seen in some areas where it says that this does not work on a local street which is where this happened. Any way to explain what went down i was driving on a (i am really bad at explaining alot of these things so plz forgive me) Single lane road, (the road has traffic going North and South but each lane is one lane on each side) This road is a pretty long street of round. Would say maybe 3-5 blocks long maybe longer. The Road runs between the back of many cul-de-sac's, There is a wall that separates the houses from this road. And on the other side of the Road is an Industrial complex. Most of it is all warehouses.

There is no speed limit posted on this road and pretty much everyone that is on this road is going 45mph plus on it. Now i was pulled over doing 53, and the officer pulled me over stating that the limit was 25. The traffic on this road is also very small to almost none. For one again most people are going 45mph plus on it and really not too many people use it. But there where more traffic on on this road for the reason the officer was polling over multiple drivers. Well there was 2 of them and they where giving out tickets to almost everyone they could stop singly. There was a person just getting done with hes ticket when he pulled me over for mine. and when i was done with mine he was stopping an other person right behind me. So he got me doing a nasty 28 mph over what is said to be a 25 street. I have went to my cities engineer and he wouldn't give me much info (don't know if i was asking the right info) but he told me there was no traffic count on that street. Have no idea what that means

Is there anyway i can defend myself here with anything at all. It would me the world is i could get some help.

Also i dont know if it means anything but the road i am on is split between to cities. The officers where on the Fontana side while i was on the Rialto side

[That Guy]

My question involves a traffic ticket from the state of: CA

My question involves a traffic ticket from the state of: California

I got a ticket not too long ago. I have been looking at ways to defend this and i am getting pretty confused on how i can do this. I have read alot so far on the Speed trap Defense but seen in some areas where it says that this does not work on a local street which is where this happened. Any way to explain what went down i was driving on a (i am really bad at explaining alot of these things so plz forgive me) Single lane road, (the road has traffic going North and South but each lane is one lane on each side) This road is a pretty long street of round. Would say maybe 3-5 blocks long maybe longer. The Road runs between the back of many cul-de-sac's, There is a wall that separates the houses from this road. And on the other side of the Road is an Industrial complex. Most of it is all warehouses.

There is no speed limit posted on this road and pretty much everyone that is on this road is going 45mph plus on it. Now i was pulled over doing 53, and the officer pulled me over stating that the limit was 25. The traffic on this road is also very small to almost none. For one again most people are going 45mph plus on it and really not too many people use it. But there where more traffic on on this road for the reason the officer was polling over multiple drivers. Well there was 2 of them and they where giving out tickets to almost everyone they could stop singly. There was a person just getting done with hes ticket when he pulled me over for mine. and when i was done with mine he was stopping an other person right behind me. So he got me doing a nasty 28 mph over what is said to be a 25 street. I have went to my cities engineer and he wouldn't give me much info (don't know if i was asking the right info) but he told me there was no traffic count on that street. Have no idea what that means

Is there anyway i can defend myself here with anything at all. It would me the world is i could get some help.

Also i dont know if it means anything but the road i am on is split between to cities. The officers where on the Fontana side while i was on the Rialto side

Two major points:

A) A "Local Street" is defined under VC 40802 as:

a local street or road is one that is functionally classified as "local" on the "California Road System Maps," that are approved by the Federal Highway Administration and maintained by the Department of Transportation. When a street or road does not appear on the "California Road System Maps," it may be defined as a "local street or road" if it primarily provides access to abutting residential property and meets the following three conditions:

(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.

B) There is no such thing as everybody knows the limit is 45 simply because there is no law that sets the 45mph limit as a specific limit under specific circumstances. Alternatively, and with the description you gave, my gut feeling is that it would be a residential zone which in turn would be set at 25mph just as the officer had cited you for. To confirm whether it is a residential district, you would have to refer to VC...

VC 515. A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.

So you'll have to look at a satellite image (Google Maps would suffice) of the street where your alleged violation occurred, then pinpoint the specific location of the violation (usually indicated on the citation), that point would then be the center point for your count. You would then mark the length of 1/4 mile (or 1320 feet) on the map. Meaning you would then have 1/8 of a mile on one side of the location of the violation and the other 1/8 being on the other side of the violation location. And then you would count residences/properties.

If it does turn out to be a "residence district", then your defense becomes extremely difficult

Of course, feel free to post the name of the street, the exact location of the violation, the name of the city, along with any additional info you would care to provide.

And the fact that the officer(s) could not write them fast enough is not going to affect the validity of your citation!

[Xosanj]

Well the city is Fontana and the street in question is Palmetto. The street itself is rater long the area in which i had gotten pulled over is North of Baseline towards the 210. THank you very much for the help you have already given and thanks for anymore you or anyone else can give

[That Guy]

Well the city is Fontana and the street in question is Palmetto. The street itself is rater long the area in which i had gotten pulled over is North of Baseline towards the 210. THank you very much for the help you have already given and thanks for anymore you or anyone else can give

You didn't even try, did you?

Either way... Palmetto is classified as a Major Collector meaning it is far from being a "local street/road", and as such speed trap laws do apply.

As for a statutory speed limit, your description of "north of Baseline towards the 210 indicates a stretch that is 1 mile long with several scenarios on whether it fits a residential district or not... Couldn't even figure out if its Fontana or Rialto. So you will have to contact the District 8 Caltrans office and they will guide you on who to contact to obtain more info on the speed limit on the segment of Palmetto where you were cited.

[Xosanj]

You didn't even try, did you?

Either way... Palmetto is classified as a Major Collector meaning it is far from being a "local street/road", and as such speed trap laws do apply.

As for a statutory speed limit, your description of "north of Baseline towards the 210 indicates a stretch that is 1 mile long with several scenarios on whether it fits a residential district or not... Couldn't even figure out if its Fontana or Rialto. So you will have to contact the District 8 Caltrans office and they will guide you on who to contact to obtain more info on the speed limit on the segment of Palmetto where you were cited.

I did try and look for the street but wont lie didnt try prob as hard as i should had. I was on a completly different site then the one you gave. Was like a huge map of CA and had a bunch of numbers for what looked like each county but didnt have the county's name on em just some numbers and couldnt find my area at all. Thank you very much for that map. As far as it being fontana and rialto the road is split in half. The side on the left on that road is Fontana. Side on the right is rialto. I wouldn't believe it to be a residential district. That whole mile there is no break or street or anything on that road. It is just one long road with only an entrance to the industrial warehouse on the right of the road. I will contatct the District 8 office first thing Monday morning on the info you provided. Again thank you soo much for you help and taking your time with helping me!

[lostintime]

Baseline Rd, TG should go there.

Do you believe you were going that speed? Or lower? And, how did he get you? It should say on the ticket.

[Xosanj]

Baseline Rd, TG should go there.

Do you believe you were going that speed? Or lower? And, how did he get you? It should say on the ticket.

I think i was around that speed. I was in a rush and i usally always go down that road around 45-50. As well as anyone else that goes up that street. Hr got me by radar

[lostintime]

Usually wild speed readings are caused by LIDAR. Radar has a wider beam, but it's also more accurate.

You are rare in the aspect you admit you were speeding on this forum. Majority of the discussions turn into someone saying they weren't speeding, looking for advice, and the entire forum getting mad.

A true outlier.

[Xosanj]

Usually wild speed readings are caused by LIDAR. Radar has a wider beam, but it's also more accurate.

You are rare in the aspect you admit you were speeding on this forum. Majority of the discussions turn into someone saying they weren't speeding, looking for advice, and the entire forum getting mad.

A true outlier.

I do in anyway don't say i wasn't going the speed i was and will say i was going maybe 3-7 mph faster than i normally do on that road, for i had an appointment, what i am trying to argue and fight about is the road that i got this ticket no one ever really goes slower than 45mph and don't go much higher than 55. And most ppl adjust there speed with the traffic if there is any which there never is. The fact that 2 officers where just post and from what i was watching prob gave out 4-5 tickets in the span where i got onto that road got my ticket and then drove off.

[That Guy]

I do in anyway don't say i wasn't going the speed i was and will say i was going maybe 3-7 mph faster than i normally do on that road, for i had an appointment, what i am trying to argue and fight about is the road that i got this ticket no one ever really goes slower than 45mph and don't go much higher than 55. And most ppl adjust there speed with the traffic if there is any which there never is.

I think I can figure out what you're trying to say and this maybe a little on the extreme side.... OK, OK... a lot on the extreme side but that is like saying "a lot of people smoke crack, so the fact the you got caught smoking crack should be OK".... Of course, you would be wrong!

The fact that 2 officers where just post and from what i was watching prob gave out 4-5 tickets in the span where i got onto that road got my ticket and then drove off.

And then in addition to the above you say "and can you believe that 2 cops were actually arresting people for smoking crack; some nerve".