CVC 22350 Citation, with a Twist

My question involves a speeding ticket from the State of: CA

Hi everyone. I have recently discovered this forum and it's great! It empowering to have an arena you can find out information about YOUR rights.

So here is my story. I got a "speeding" ticket on 4/16/08 in Irwindale, CA. I was cited specially from my ticket "22350 vc - Speed". I was driving northbound on Irwindale Ave at 7:21 pm and pulled over going 53 in a 35 zone (radar or lidar, i cant tell). After reading the forum for a good 2 days, i understand that i violated the California Basic Speed law. If any of you are familiar with the area, Irwindale Ave (just a bit south of the 210) is a large 4 lane street, with 2 lanes going opposite directions. On the ticket it lists the conditions as C D H which i assme the first two stand for clear and dry. Im not sure what H stands for. Under my recollection, conditions were clear and dry. Traffic was very light due to the fact that this is an industrial area after 5pm.

Under these conditions, i understand i can basically use the basic speed defense and also use the speed trap defense which should be enough.


But the TWIST comes here. The police officer was parked in the middle divider facing south as i was coming north. After looking at the street (on google maps street view) just to re familiarize myself with that day, street and conditions, i realized that the cop was parked in the center divider that was only half lane! The divider was marked by double solid yellow lines on both sides.

I was "caught" for endangering people and property from a cop parked in an UNSAFE position! :wallbang::wallbang: How can i use this to help my case?

also, just to let you know about the progress of my case. I just posted bail yesterday and im planning to do a TBWD which is due on 9/15. im pretty upset right now right that i WANT to go to court and fight this.


Can anyone offer any advice? For need more information?


thanks in advance

Just curious since I got caught doing 51 in a 35 in Cali w/ the same violation code.
Did you have any options (like paying the fine or going to traffic school) because I got a mandatory court appearance on mine. it worries me a lot since this was my first offence and I'm still a minor (17).

Cause I read if your below 20 miles above the speed limit I could do traffic school, but it specificaly says on my courtesy notice that my only option is to go to court.

Although it is highly inappropriate, I think the cop's dismissive arrogance of their behavior will only be rivaled by the court's. No one will care what the cop was doing.

If you are going to pursue a speed trap defense, then I am sure you have requested a copy of the speed survey... correct?

thanks for the response and advice.

from what i understand, i have to request the Engineering and Traffic Survey from the city or county's engineering office. unfortunately both offices were closed on friday.

i will update the forum as soon as i get more info. hopefully you guys can assist me through the process.

quick question everyone,

im a little confused on how i determine if the road i was on had a prima facie speed limit. I saw the speed limit sign and it said SPEED LIMIT 35. It was in a industrial area. 2 lanes going each way, 4 lanes total.

i dont think it was a maximum limit of 70 mph, 65mph, 55 mph on a two lane undivided road or 25 mph in a school zone.

Could it NOT be a prima facie speed limit if it said SPEED LIMIT 35???

The statutory maximum speed limit is 65, unless there are only two lanes (one each direction), then it is 55. Any speed posted below those limits is a prima facie speed limit.

Hi everyone

okay, i just got a copy of the Engineering and Traffic Survey Summary from the City of Irwindale.

The prima facie speed limit was 35 and i was radared at 53.

The 85th speed is 45.5 mph. This is over 10 miles over the speed limit BUT...

In the comments section the survey says " 85th percentile speed is 45.5. Reduce existing posted speed by 5 mph due to high accident rate."

also more pertinent form the survey include:

Collision History
Date range covered 1/1/2002 - 12/31/2004 (3 years)
Total Collisions 58
Collision Rate 2.893
Lane Configuration 2-lane with raised medium
Street Classification Principal Artery


Okay here is my question. on the survey there is a reason why they lowered the speed limit (high accident rate). Now do i still have a good case based entirely on the fact that the posted speed limit was 10+ over constituting a speed trap? Or do these comments on the survey screw me.



thanks in advance

First of all, if it there were no comment, the speed limit should be set at 45. The comment recommending a 5mph reduction would set it a 40... not 35. Also, it is likely that the speed limit was set at 35 for the "data range" period which shows that the accident rate was NOT due to an elevated speed limit. The point is, the comment on the survey is a RECOMMENDATION. Whether it was proper or not can be argued by the prosecution. However, since there likely will be no prosecuting attorney, your evidence will be the only evidence available... unless the judge is acting as a prosecutor.

So... yes. You still have a speed trap defense. But, you will have to argue it strongly as judges tend to ignore the law in traffic cases. It seems that the law is just an irritant to them.

thanks for the quick response.

why would the speed limit be set @ 45? is this based on the traffic survey 85th percentile speed or just the type of highway it is (main artery/ business)

I was actually sent the speed and traffic surveys for 2 major segments of that street, going both northbound and southbound. After reviewing the other surveys, it looks like the segment of the street a bit north (going Southbound/ other side of the street) of where i was cited had an unusually high percentage of collisions.

Date Range Covered 1/1/2002 - 12/31/2004 (3 years)
Total Collisions 79
Collision Rate 7.342
Expected Collision rate 2.3


If appears that all the other surveys for the 2 segments on highway, going both northbound and southbound, had a collision rate closer to the expected collision rate expect this one particular segment. All were around 2.7-2.8 while this one is at 7.3.

BUT all segments had on the comments that the speed will be reduced by 5 mph. Can i argue using surveys from other segments of the highway showing that the overall speed reduction looks like it had nothing to do with the stretch of road i was on?

:wallbang::wallbang:

The reason the speed limit should be set at 45 is that the limit should be set at the first 5mph increment below he 85th percentile speed. Your observations about the accident rates are great. I'd use them.