Whether or Not to Fight a CVC 22350 Ticket

**flightfulbird** · 03-07-2010, 03:48 PM

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.

**That Guy** · 03-07-2010, 04:55 PM

Quoting flightfulbird

is it then true that the officer/court must prove that I was creating a danger?

You were cited for:
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.

You should read CVC 22351(b) which states:
22351. (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.

In other words, and so long as the officer can (See CVC 40801 thru 40808):

Prove that the speed limit is justified by way of a valid engineering and traffic survey...
Prove that his speed measurement is accurate (by providing the court with a valid calibration certificate)
Present RADAR/LASER training certificates...

Then it is the defendant's burden to establish by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.

Whether you can do that or not by way of what you stated here, I don't know... The final decision is up to the judge presiding over your case.