54 on a 40 in Santa Ana, California

[Kwang]

Hello everyone,

I was issued a citation for speeding -- 54 in a 40 in Santa Ana -- about a month ago.

I have filed for a TBD and am waiting for a response. (I know for sure that they have received my request for a TBD due to calling in about my red light camera ticket -- yeah, what luck lol)

I was commuting to work and a motorcycle policeman pulled me over as I passed him.
This is the exact location he was hiding:
http://www.speedtrap.org/speed-traps/view/57366
(I just happened to find this right now and am quite suprised lol)

So, he used a radar that clocked my speed at 54.
Ticket marked:

• Traffic: Light
• Weather: Cloudy (It was clear!)
• Street: Dry
• Light: Day

There was only one car behind me on the left lane doing the same speed I was. No pedestrians were in sight.

The officer wrote: "22350VC - SPEED E/B #2" -- is that a typo on the code or is that valid?

I am trying to obtain Santa Ana's traffic survey at the moment, but I cannot find it on their website. I called public works and received a link to a "traffic census" -- which doesn't help. Does anyone happen to have the traffic survey for Santa Ana?

Also, when I file for a TBD, I receive a new "due" date, correct? Getting a bit nervous since my original "respond to" date is August 5th.

Do you guys believe I have a good chance of dismissal?

Thanks in advance for your help!

[That Guy]

I was commuting to work and a motorcycle policeman pulled me over as I passed him.
This is the exact location he was hiding:
http://www.speedtrap.org/speed-traps/view/57366
(I just happened to find this right now and am quite suprised lol)

Have you figured out what is meant by "Speed Trap Rating = 0" on that website?

My guess is that their definition does not meet the legal definition of a "Speed Trap" which is explained in California Vehicle Code section 40802.

The officer wrote: "22350VC - SPEED E/B #2" -- is that a typo on the code or is that valid?

That is a valid code... 22350 is the "Vehicle Code" section; "E/B #2" means you were headed East/Bound in the #2 lane.

I am trying to obtain Santa Ana's traffic survey at the moment, but I cannot find it on their website. I called public works and received a link to a "traffic census" -- which doesn't help. Does anyone happen to have the traffic survey for Santa Ana?

Santa Ana is covered under many "traffic and engineering surveys" so the one you need to obtain is the specific survey for that particular stretch of highway. Search this forum for "informal discovery request" and you'll find many threads on the topic. Request your IDR and post the information that is on the survey; I'm sure you'll get some direction as to how to proceed.

Also, when I file for a TBD, I receive a new "due" date, correct?

Yes, the TBD form that you receive from the court will have a due date that you must submit your declaration by. Get started on your IDR as you will need that before you can develop a viable defense strategy.

Getting a bit nervous since my original "respond to" date is August 5th.

Depending on how you requested your TBD, you might want to check with the court clerk as to whether your request was received... If it was, then just wait for the forms to arrive in the mail.

BTW, here's a link to CVC 22350

[Kwang]

Thank you, Guy!

Wait, so should I do an speed trap or non-speed trap discovery from http://www.helpigotaticket.com/proc/discover.html ?

[Kwang]

I just received the traffic survey.
I was pulled over after passing Harbor, so the section that matters is Harbor and Townsend I believe.
So, is it safe to argue that the posted speed limit is artificially low? Hence, the speed trap argument ensues?

Also, should I do an speed trap or non-speed trap discovery from http://www.helpigotaticket.com/proc/discover.html ?

[EWYLTJ]

If you are using the section of the road with a 44mph 85th percentile, then that is an unjustified speed limit as the limit is to be set to the CLOSEST 5mph increment.

But, don't get excited, you will likely loose your TBWD. You'll have to raise these issues in your trial de novo.

Keep in mind that you do NOT have to prove that a speed trap existed, the prosecution has to prove that a speed trap did NOT exist (see 40803(b)). So, if the cop doesn't show up with an original or certified true copy of the survey, then you win. If he does show up with the survey, don't just let him put it on the table... make him open it up and demonstrate how the speed limit is justified. Don't help him, but question him vigorously.

[Kwang]

If you are using the section of the road with a 44mph 85th percentile, then that is an unjustified speed limit as the limit is to be set to the CLOSEST 5mph increment.

But, don't get excited, you will likely loose your TBWD. You'll have to raise these issues in your trial de novo.

Keep in mind that you do NOT have to prove that a speed trap existed, the prosecution has to prove that a speed trap did NOT exist (see 40803(b)). So, if the cop doesn't show up with an original or certified true copy of the survey, then you win. If he does show up with the survey, don't just let him put it on the table... make him open it up and demonstrate how the speed limit is justified. Don't help him, but question him vigorously.

Ah, okay, thanks, EWYLTJ.

The 44mph 85th% is Newhope and Harbor though; I was not pulled over in that area.

Just received this today:



Since the 85th % is at 43.4mph, then the posted speed limit is unjustified?
How should I word my defense or argument?

[EWYLTJ]

That one still justifies a 45mph speed limit. Same rules apply!!