Using the Speed Trap Defense

[duttb]

I feel defeated.

I was cited for going 49mph in a 35mph zone in Livermore, California.

I have a copy of the current speed survey for this street (Feb 2004).

The top 85th percentile or "critical speed" is listed at 42mph. Using the People vs Goulet as a defense, this should be dismissed because the critical speed is 5mph over the posted speed. However, the survey conveniently recommends that the speed limit be retained at 35mph due the collision rate being higher than the statewide average for this type of road. (NO STATS ARE CITED)

Am I screwed???

Does anyone have any ideas?

Thanks

[That Guy]

I feel defeated.

I was cited for going 49mph in a 35mph zone in Livermore, California.

Setting aside the merits or the applicability of the speed survey in your case... why do you feel "defeated"?

We are all bound by the same laws? Any reason why you should be exempt?

Back to the specifics... What CVC Section were you cited for and what date were you cited?

[duttb]

Cited for Code/Section 22350: Unsafe speed for conditions....

Date of Violation: Apr 6, 2009 by radar.

This city has some low speed limits. A lot of 30 & 35 down main streets. Sorry, I'm not a speed demon, but I just can't drive that slow. I do all my errands by foot due to the fact that the cops are constantly looking to pop people.

Anyway, do just elect to go to school and reluctantly give 'em my cash or are there any other loopholes?

[That Guy]

That survey is over 5 years old but chances are, the officer will present calibration certificates as well as show he's been trained which extends the usability of the survey to 7 years.

You can also question the officer and attempt to refute the unreasonable & imprudent part in 22350 but you haven't stated anything that suggests that you were not endangering anyone or anything. Quite the opposite; you're saying you can't drive slow...

Soooo... traffic school might be your best option... Moving out of that city might also be an idea although it will not help you with "this" citation.

[EWYLTJ]

First, you can still challenge whether or not the survey justifies the lower limit. Read some of the case law.

Second, I'm sure the cop will have training documents and calibration documents as well as the speed survey. However, I have yet to see a cop bring CERTIFIED copies of these documents. If they are not certified copies or originals, you can object to them being admitted as evidence. Without those documents, the prosecution doesn't have a case.

[duttb]

Thanks for your reply.

Should I try the trial by declaration and wait for the result. If I'm found guilty, then request a trial de novo and either give up and request school or take a chance and make the people produce certified copies of all documentation in order to satisfy a conviction.

I know some judges don't care if documents are certified. I heard they like to intimidate and "steamroll" anyone fighting a ticket. Is there a case cited where certified documents were a key to a dismissal?

Thank you for anything that you may be able to add.

P.S. I was not driving recklessly or endangering anyone, but I don't really want to try to talk my way out of the ticket that way, I was hoping the speed survey was my way out........

[EWYLTJ]

Try People v. Earnest:

We hold that the People, whenever radar is involved in the enforcement of a posted speed limit, must produce, in the courtroom, either the original traffic and engineering survey for the location of the citation or a certified copy of that survey which (1) was conducted within the five years preceding the alleged violation and (2) justifies the posted speed limit.

[duttb]

Thanks I'll do some more studying.

One more question. The survey in my case is more than 5 yrs old, but It can actually be valid up to 7yrs? That part is confusing.

[That Guy]

One more question. The survey in my case is more than 5 yrs old, but It can actually be valid up to 7yrs? That part is confusing.

Here, hope this simplifies it:
For the survey to be valid for 7 years, the prosecution has to show/prove & submit the following:

A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training.

B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.

C)

(i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406.

(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.

So in other words... They have to show:

A. The officer's training certificates for an approved course on the use of Radar.

B. Doesn't apply in your case since he used Radar not Laser.

C. They have to show that:

(i) in addition to "A" and "B" as well as "D", in addition to providing a survey that was issued before five years but under 7 years of your violation date, and...

(ii) that your speed was unsafe for the conditions. &...

D. That the Radar or Laser has been calibrated within the last 3 years and that it meets the requirements in subdivision "D".

[duttb]

Sounds good...

So if some of their documentation is sloppy, you can ask for a dismissal?

What if the judge is an jerk and still finds you guilty? If you appeal, doesn't that give the prosecution enough time to get their documentation in order?

I have never been through the appeal process, so I'm really clueless on the rest of the process.

Thanks again....