Obtaining a Survey.ticketed for 22350, 51 in a 35

[kutibah]

I got a 51 in a 35 ticket unsafe speeding ticket (CVC 22350) in Los Angeles, California a few weeks ago. The cop used a Laser at the bottom of the hill to get my speed. It was a dry, sunny day with very very light traffic.

I have several questions.

1. How or who do I contact to obtain a copy of the speed survey of the road I was on?

2. If I decide to fight this ticket by mail (TBD), do my arguments still have a chance (Unsafe speed law, survey problems, etc)?

3. If I am convicted and I request a Trial de Novo and I request traffic school is there a chance I won't get it?


I did research on past posts but I couldn't really find any good info for the above and much of it was conflicting. Thanks for the help.

[cdwjava]

1. How or who do I contact to obtain a copy of the speed survey of the road I was on?

You contact the city or county agency responsible for maintaining the roadway (in other words, the road department of the local jurisdiction). If they do not hold those surveys they can direct you to who does.

2. If I decide to fight this ticket by mail (TBD), do my arguments still have a chance (Unsafe speed law, survey problems, etc)?

Certainly. if they have merit, they have a chance.

3. If I am convicted and I request a Trial de Novo and I request traffic school is there a chance I won't get it?

No one can predict what a judge might allow or not allow. There is no legal requirement that you NOT be allowed traffic school, but neither is there a mandate that it must be allowed, either. Typically, that option will be on the table at least until you take the stand at trial. After taking the stand, it is the practice of many courts NOT to allow traffic school in most instances.



- Carl

[EWYLTJ]

I agree with Carl in that it is the practice of many courts to not allow traffic school after trial... however, they conduct that practice in direct contradiction to case and statutory law. If you simply stand your ground and quote the right law, you should have the same option of traffic school after trial as you would before trial.