Help with TBD for a Speed Trap

[Riker0007]

My question involves a speeding ticket from the State of: CA

I was charged with violating VC22350. The normal posted speed sign is 50mph and I was sited going approx 51, however there was a temporary 25mph due to work zone. I got the Eng. survey that states the prima faci speed as less than or equal to 84% and greater than 16% as 55mph but the 85% as being 56mph also called the critical speed. The only exceptions I can find to a speed trap are school zones and local roads/streets.
There is nothing regarding a work zone. Would this be a speed trap and the evidence from the Lidar and officer be inadmissible.
Conditions were dry and clear a few other cars on the road. Now the road is a four lane highway, two in each direction with a bike lane. The bike lane and right lane were closed and no workers present at the intersection I was sited at all the way to the start of cones about 1000 feet back. Up the street approx 1000 feet ahead is where there were trucks in the bike lane and the workers on the side walk and looked like they were eating lunch. The biggest killer here is that there was no warning of a work zone ahead or reduced speed or "appropriate signs" posted. I got pegged by Lidar the instant I hit the first 25mph/work zone sign.
Luckily I've got video tape evidence of the area right after it happened to back up the lack of signs etc. However, can't the officer just state that it was "unsafe" to travel at the posted speed.
Shouldn't he have charge me with violating vc22362 traveling above the posted speed in a work zone?
Any help would be great as I need to get this TBD out in a couple of days.
thanks
R.

[EWYLTJ]

You are absolutely right. If he wanted to charge you specifically with a construction zone violation, he should have cited 22362. However, since he cited you for 22350, he only charged you with driving at a speed which endangered persons or property.

Now, since you were driving under the max speed limit, the officer was relying on the posted speed limit to justify the ticket. Therefore, the limit MUST be justified by a speed survey. Since it is not, a speed trap did in fact exist and NO evidence of speed can be used against you.

With that said... there is about zero chance of winning that argument in a TBWD. Those are routinely rubber stamped "guilty". You'll have to save your good arguments for the trial. However, many traffic judges also tend to ignore the law, so you'll likely have to appeal your case. There you may find justice. Maybe.

Good luck.

[Riker0007]

Thanks for the clarification. I failed to mention that he wrote Construction Zone on the ticket in parenthesis. Does this change anything? Since I will give a TBD a go, even though I have the same feeling about their stamping techniques. What do you think I should include in my TBD statement? Should I even mention the failure to provide the correct warning signs? I looked it up in the MUTCD (fantastic reading by the way) and there should have been warning signs in advance of the work zone. Also since it was a decrease in more than 10 mph there should have been a two step speed reduction zones.
Or should I just state my speed etc and that based on the Eng. and Traffic survey, the Temp posted speed of 25 was not justified and therefore is a speed trap and the citation should be dismissed?
Thank you for your insightful help.
R.

[EWYLTJ]

Why not make all the arguments. You don't have to pick and choose. I'm sure they'll all be ignored equally. However, it will give you good practice for your Trial de Novo.

[Riker0007]

So I filed for a discovery request to the DA. He sent a letter to the officer for my request on Feb 25. The letter I got from the DA was dated March 3, I finally got something from the officer on March 19. His notes state that there are no witnesses, he shows evidence of radar training on 7-21-1999 and radar-laser on 9-28-2006, Lidar unit calibrated on 8-3-07 and the instrument to make this calibration was done within the previous year. Not sure if this helps me at all. I will look into the times for calibration etc. He also provides a copy of vc 22362 and states that no survey is needed. This infraction is not what was listed on the ticket and now he is changing the charge? Not sure what I should include in my Trial by Dec now. I have less than a week to write this so any help would be appreciated.
Thanks

[EWYLTJ]

Really??? You got a return from a discovery request stating there will be no witnesses?? Did you know that the cop is by law nothing but a WITNESS?? Therefore, you should object to the officer testifying at trial. According to your discovery, no one will testify.

[Riker0007]

Well, I sent the DA a Discovery Request form that I got from one of the sites recommended here and following the People vs me etc, Pursuant to Cal... I hereby request under discovery the following.
A list of all witnesses for the prosecution: He wrote by hand NO WITNESSES (in all caps) next to this. It is the original Discovery request form I sent to the DA and I passed on to him.
Yes I know he's a witness.

I was going to do a TBD. It is due next friday.

[roo6]

I just replied to you in the other thread, Riker0007, but as EWYLTJ states, "no witnesses" is interesting because the Officer is a witness, no more, no less. If the DA says there will be no witnesses, could the officer's testimony be objected to?

http://www.helpigotaticket.com/cases/marcroft.html

As for the charge change, you should go online to your court system and see what you're being charged with. Or call the clerk. I believe this would be most accurate.

[That Guy]

Really??? You got a return from a discovery request stating there will be no witnesses?? Did you know that the cop is by law nothing but a WITNESS?? Therefore, you should object to the officer testifying at trial. According to your discovery, no one will testify.

What if the officer were to testify in his capacity as the "CITING OFFICER". Would the court have to exclude his testimony?

[Riker0007]

Just got the decision in the mail and the case was dismissed at the Officer's request. I guess I won. It also states this at the website. However, it does not say that any money will be refunded but states that there was no fines? I don't get it.