Speeding in a School Zone When the School is Fenced, VC 22350
My question involves a traffic ticket from the state of: California
I just got a new citation yesterday for violating 22350VC. The officer claimed that I was speeding at 45mph on a school zone that is 25 mph. I just passed by a school when a bike/motor police stopped me. I was cited at 8:05 am, the high school begins at 8:00 am. He asked if I would like to see what he used to measure my speed, which he appeared as 45 mph with a LIDAR. I had recently received my first speeding ticket about two months ago around the end of March so I've been playing close attention to my speed. I estimated that my speed was somewhere between 40-45 mph. But I didn't argue with the cop, thinking that it was pointless as he was claiming that he had used a LIDAR and that I was speeding on a school zone. The intersection that I was cited at was on Goldenwest St, Westminster CA and Maple St, Westminster CA. Right on that intersection, the school is fenced by a long gate where the field is located (this is a highschool). Does this still fall under a school zone? Please help, i'm in dire need of it and honestly don't believe this cop knew what he was talking about as he only stated I was speeding in a 25 mph school zone with no other explanation.
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
Ummmm... yeah. It's still a school zone even when there is a fence.
Remarkably, there are children on the other side of that fence and those children are in SCHOOL. See how it's called a SCHOOL zone?
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
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CourtClerk
Ummmm... yeah. It's still a school zone even when there is a fence.
Remarkably, there are children on the other side of that fence and those children are in SCHOOL. See how it's called a SCHOOL zone?
While I don't appreciate the sarcasm, I'm a bit confused because painted on the road is a 40, as in stating the 40 mph speed limit. So when does this apply?
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
Outside the hours posted that there is a special speed limit. You may want to review the CA driver handbook. It's available online. It'll give you all of the rules of the road (including school zones and speeding).
The sarcasm is free.
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
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Jerilyn
Does this still fall under a school zone?
Yes it does. CVC 22352(b)(2) establishes a 25mph speed limit "[w]hen approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard 'SCHOOL' warning sign, while children are going to or leaving the school either during school hours or during the noon recess period."
You were ticketed at 8:05a, which is during school hours and at time where children might still be going to or leaving the school. Based upon everything that you've said, the officer appears to have applied the law correctly.
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
FYI: A fence that separates school/children from a roadway will not stop a car that is going 45 MPH and loses control.
A vehicle that weighs 2500 lbs to 80,000 lbs will roll right over a fence and on top of anyone unfortunate enough that is on the other side of the fence.
That is why a fence that separates a school from a roadway is still a "school zone."
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
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Who'sThatGuy
FYI: A fence that separates school/children from a roadway will not stop a car that is going 45 MPH and loses control.
A vehicle that weighs 2500 lbs to 80,000 lbs will roll right over a fence and on top of anyone unfortunate enough that is on the other side of the fence.
That is why a fence that separates a school from a roadway is still a "school zone."
The kids that are in high school are not in use of the fields at this time though. It's not to say that it couldn't happen, but I was in clear view of my surroundings. This street contains 3 lanes, and does not allow ped xing the street. Other cars were driving along side with me, so I'm still left confused.
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
I understand where you are coming from, but unless the sign said, "school zone when children are present" then you are out of luck and the ticket issued is valid. If you want to fight it in court and lose the case, you will be paying not just the fine, but court cost and related charges on top of the ticket.
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
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Who'sThatGuy
I understand where you are coming from, but unless the sign said, "school zone when children are present" then you are out of luck and the ticket issued is valid. If you want to fight it in court and lose the case, you will be paying not just the fine, but court cost and related charges on top of the ticket.
It contained one sign most likely 500 ft before approaching the school with the '25 mph when children are present.' I had slowed down & everything. If I were to do a TBD (still thinking about it) would I still be facing extra charges if I end up going to court and losing?
Re: Fight Speeding in a School Zone, VC 22350 (School Was Fenced)
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Jerilyn
It contained one sign most likely 500 ft before approaching the school with the '25 mph when children are present.' I had slowed down & everything. If I were to do a TBD (still thinking about it) would I still be facing extra charges if I end up going to court and losing?
What did the sign say?
1. School Zone 25 MPH
2. School Zone 25 MPH When Children are Present
3. School Zone 25 MPH (with times, say 7:30 AM - 4:00 PM)
If it stipulated number 2. " When Children are Present", and you didn't see any children, then you have a leg to stand on. And I do mean you didn't see any children, not even one child behind the fence standing on the top step of the front door to the school.
VC Section 22352 Prima Facie Speed Limits
( )4 (2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds.