My question involves a ticket in the state of: California
Although I am considering the conditions under which CVC22350 / basic speed rule ticket can be dismissed (with respect to the traffic survey justifying the speed limit, officer trained in laser/radar operation, unit being calibrated) - - I am hoping to defend my ticket by proving that the speed I was driving was not excessive for the conditions and circumstances surrounding the stop.
I was written up for going 60+ - the posted speed is 45mph. It was a bright clear day and I remember few to no other cars and no pedestrian activity - although this road is a major thoroughfare, it is consistently extremely lightly-traveled at the time of day I was stopped. When I took pictures last week I was able to stand in the middle of the traffic lanes shooting in each direction for quite awhile - the conditions were the same on the day I was given the ticket. There are two wide lanes in each direction with low concrete islands and also some center medians with landscaping/shrubbery. Subdivisions on both sides are completely separated from the active roadway by walls and/or natural areas. The road in the area in which I was cited goes uphill, around a slight curve and then descends immediately - the motorcycle officer was downhill, off to the side on a cross street.
It is exactly 2/10 mile from the point I entered the roadway to the crest of the hill and my car does not have fast acceleration at all - it takes a decent amount of pressure to make it climb and there is no way I could've hit 60+ (as cited) on the ascent without intent to speed. But - over the crest and onto the downhill, I am sure I was over 45mph. I was thinking about my next destination, didn't let up on the gas after the crest, car picked up speed to the point it felt faster - then I was quickly aware I needed to back it down and did this right away. I was actually braking, then saw the officer (and this might have drawn more attention because the car pulls slightly when braking) but at no point did I swerve, leave my lane, approach a curb or feel unsafe. It is well less than 4/10 mile from the point where I entered the roadway to the point over the hill where the officer was waiting - so this gives a window of less than 1/10 mile from the crest of the hill to where I reacted - this is the spot in which I was allegedly caught on radar (laser).
I have read conflicting information about CVC22350 tickets and defenses. If the ticket had been for exceeding the posted limit then I am absolutely sure I did - and the clocked speed or the fact that "it was only for 1/10 mile at the most" will not matter unless the court is lenient given the conditions. But, if the basic speed rule loosely states "at no point should a speed be driven that endangers life and/or property" then I am totally confident I wasn't doing this in the least and I might be able to defend this ticket on this point alone (is it then true that the officer/court must prove that I was creating a danger?).
I have several speeding tickets in many years of driving but never this type and have never attempted to fight one. I always paid them in the past because I was flying and absolutely knew I deserved them - and then it made a difference in future driving situations. This one seems different - very much like a trap. Now, since I was cited for this and not another violation - and given the above situation and the wording/ intention of the basic speed rule, would anyone advise me to just roll over and pay this because I exceeded the posted speed? If I decide to fight this I will dig up every strategy - the above information is for background more than defense.
On a related subject, I am curious if there is any leeway in defense because the officer wrote 60+ instead of an absolute speed - if it was acquired by laser should the speed be a firm number or is a range ok? Thanks.