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  1. #1
    Join Date
    Jan 2009
    Posts
    7

    Default CVC 22350 35 in 25mph (School Zone)

    My question involves a speeding ticket from the State of: California
    Orange County

    I got a ticket for going 35 in a 25mph (school zone) clear day, dry, med traffic.
    its a residential street. the ususal speed limit there is 45mph
    it was about 8:30 am. I was slowing down when entered the school zone.

    I have 2 questions.

    1. if i had attended traffic scholl last year what are the chances i can do it again for this ticket? and how do i request it?

    also ca dmv has this description for cvc 22530

    "Basic Speed Law
    22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


    Amended Ch. 252, Stats. 1963. Effective September 20, 1963.

    "

    2. is a residential street considered a highway? or cvc 22350 applys to everything??

    is it advisable to fight the ticket in this case?


    thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    1,628

    Default Re: CVC 22350 35 in 25mph (School Zone)

    I think the only defense you can really use is that there were no children present. VC22352 sets the limit at 25 when:

    B) When approaching or passing a school building or the grounds
    thereof, contiguous to a highway and posted with a standard "SCHOOL"
    warning sign, while children are going to or leaving the school
    either during school hours or during the noon recess period.
    So, if there were no children going to or leaving the school, then the 25mph limit does not apply and the limit should be 45mph. At that time, the burden would lie with the prosecution to prove that your speed violated the basic speed law. So... do you think you could get the cop to say there were no kids going to or leaving school? Do you have a witness who could testify to that fact? Could you testify to that fact? One thing you could do is find out when the school hours are. If school starts at 0845, they you win. If school starts at 0730, then you have a good argument that all the kids were already in school.

    Fill in some more details.

  3. #3
    Join Date
    Jan 2009
    Posts
    7

    Default Re: CVC 22350 35 in 25mph (School Zone)

    Thanks for yuor advise EWYLTJ

    the school schedule is
    Daily Schedule
    A.M. Kindergarten 8:15 a.m. - 11:35 a.m.
    P.M. Kindergarten 11:45 a.m. - 3:05 p.m.
    Grades 1-3 8:30 a.m. - 2:15 p.m.
    Grades 4-6 8:15 a.m. - 2:15 p.m.
    Minimum Day Schedule
    Grades 1-3 8:30 a.m. - 12:55 p.m.
    Grades 4-6 8:15 a.m. - 12:55 p.m.

    and when he pulled me over it was about 8:25

    The place was right next to the school but there is a intersection with a crosswalk 100 ft before the place where i got the ticket! were always during morning you have people with stop signs help children cross! also the road is wide and in the middle it has a devider which makes it virtually impossible to cross in any othe place other then the cross walk.
    there were some cars parking on the side of the road and but no children present that i saw.

    thanks for your help again.

  4. #4
    Join Date
    Jan 2009
    Posts
    7

    Default Re: CVC 22350 35 in 25mph (School Zone)

    Additiional Detail the time on my Ticket says 8:35


    also a question
    if i decide to go to court
    what it the up and down sides to that. if i chalange it and the court rules in my favor would i get any reimbursment or anything?
    else if the court rules in their favor would the traffic school option be out of question and would the fine actually be higher? based on what i hear the fine is somwehere between $150 and $180 for this thinkg.

    also i went to traffic school about 10-11 months ago (not speeding related)
    i know there is the 18 month rule is there a way to g0 to traffic school again before the 18 months?? and if yes how?

    also one more comment
    my adress is in Los angeles, which is about 60 miles away from rancho santa margarita where i got the ticket.
    can i move the court to los angeles? and if yes is that helpful?

    if the officer doesnot show is it automatically my win?
    if the court is in LA how likely is the officer to show up in LA Court if he is from Orange County?


    should i go to court or just pay the fine and hope they will let me go to traffic school?
    Thanks

  5. #5
    Join Date
    Feb 2008
    Posts
    1,628

    Default Re: CVC 22350 35 in 25mph (School Zone)

    see below...

    Quote Quoting AlX
    View Post
    Additiional Detail the time on my Ticket says 8:35


    also a question
    if i decide to go to court
    what it the up and down sides to that. if i chalange it and the court rules in my favor would i get any reimbursment or anything? Reimbursement?? You mean you want the court to pay you??? I doubt it.
    else if the court rules in their favor would the traffic school option be out of question and would the fine actually be higher? It won't be higher. based on what i hear the fine is somwehere between $150 and $180 for this thinkg.

    also i went to traffic school about 10-11 months ago (not speeding related)
    i know there is the 18 month rule is there a way to g0 to traffic school again before the 18 months?? and if yes how?
    Such a thing exists, but it is up to the discretion of the judge
    also one more comment
    my adress is in Los angeles, which is about 60 miles away from rancho santa margarita where i got the ticket.
    can i move the court to los angeles? No.and if yes is that helpful?

    if the officer doesnot show is it automatically my win? Likely, yes
    if the court is in LA how likely is the officer to show up in LA Court if he is from Orange County?


    should i go to court or just pay the fine and hope they will let me go to traffic school? I hope you aren't asking me to make a personal decision for you....
    Thanks

  6. #6
    Join Date
    Jan 2009
    Posts
    7

    Default Re: CVC 22350 35 in 25mph (School Zone)

    Thanks

    so just have one more question

    So baisically if i want to take the traffic school option and had traffic school about 10 months ago I have to go to the court on the date written on my ticketand appear before the judge or there is another way???


    thanks again

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