Should I Fight a Violation for 22349 B and if So How
My question involves a traffic ticket from the state of: California
Driving girlfriends car on 2 lane undivided road. Nearest speed limit sign about 1/2 mile or more from where first spotted. Motorcycle cop coming in opposite direction. Passed us, hung a u-turn, we traveled around a bend obscured by trees and a slight descent where I believe he lost sight for a few seconds. He pulled us over, approached the vehicle from the passenger side. Asked where we were going. I said hiking. He said he clocked us at 70 and it was confirmed at 67. I said if it's any consolation, I was looking at the temperature and it said 57. He sited us for 22349 b, going 67 in a 55. The fee is $239 or $304 plus traffic school if I want that route. Other factors, we were driving a black Lexus, light traffic, good visibility along a straight away. I feel like my only cases would be, all the calibration issues maybe, the officer lost sight of us, possibly couldn't ID what I was wearing since he hung back on the passenger side of the vehicle. Is this worth fighting? If so what should I do? Violation date was 2/10/13 and due date is 3/21/13. Thank you.
Re: Should I Fight a Violation for 22349 B and if So How
What makes you think he needs to maintain sight of you. He just has to be able to identify your car as the one he observed speeding.
What on earth does the temperature have to do with anything? Road conditions never justify exceeding the max speed. What does it matter what you were wearing? You're grasping at straws. When you go to court they will have the radar calibration information. You'll lose.
Re: Should I Fight a Violation for 22349 B and if So How
Quote:
Quoting
bvon
I feel like my only cases would be, all the calibration issues maybe.
There are no calibration issues when cited for a 22349. There is no requirement for him to produce any proof of calibration in this case but if there was, you're at 12mph over... Calibration isn't going to save the day.
Quote:
Quoting
bvon
possibly couldn't ID what I was wearing since he hung back on the passenger side of the vehicle.
He identified you by your driver's license. That's all he needs. Nothing else matters.
I see traffic school in somebody's future!
ETA: and about the speed limit... 22349(b) establishes a 55mph maximum speed limit on any 2 lane undivided highway unless it is posted for a higher limit:
22349
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
So the next time you're going hiking, don't watch the temperature gauge... Better watch the speedometer.