Speeding on Motorcycle

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

So here's what happened: I had just left my chiropractor's office. His office is right next to a neighborhood, and I was just leaving. I stopped at a stop sign then proceeded. I accelerated a little hard for seriously 2 seconds in first gear ONLY. I have a 2007 Gsxr-600, which is pretty fast, but not as fast as some think. I was apparently radared at 52 mph in a 25mph zone. The officer stated that he was stopped on the side of the road doing paperwork, he said he heard me, and checked his radar to see that I was going 52 mph. He was about 3 blocks down from me.
The issue I have is that I could not have been going that fast. I have my motorcycle geared down one tooth on the front sprocket, which causes my spedometer to read faster than I am actually going, and it shortens my gear length. My spedometer has to read 60 mph for me to be going 52 mph, and I was no where close to that. I always shift when it reads about 40 mph (actualy 35 ish). A stock 600 can only go about 50 mph in first gear, red lined. Mine may only go 40, and that's running it pretty hard. I don't think I could have been going more than 35 or 40 mph (and that's stretching it).

What should I do. I'm working on getting a Engineering Traffic Survey in the next day or two. Would I look stupid in court if I claim the officer may have made a mistake when looking at the radar screen (saying I was going 32 and the officer made a mistake and thought it said 52)? What about if I claim a bird was flying low at the same time I was driving?

I can't afford this ticket. I'm on disability and flat broke. Any help would be appreciated. Thankyou.:wallbang:

let us know what the speed survey says.

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Quoting bculley

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Would I look stupid in court if I claim the officer may have made a mistake when looking at the radar screen (saying I was going 32 and the officer made a mistake and thought it said 52)?

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I think you would!

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Quoting bculley

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What about if I claim a bird was flying low at the same time I was driving?

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With that, you might top your last suggestion!!

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Quoting bculley

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

I have a 2007 Gsxr-600, which is pretty fast, but not as fast as some think.

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I bet it goes at least 52 MPH!

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Quoting bculley

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I always shift when it reads about 40 mph (actualy 35 ish). A stock 600 can only go about 50 mph in first gear, red lined. Mine may only go 40, and that's running it pretty hard. I don't think I could have been going more than 35 or 40 mph (and that's stretching it).

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Your Gsxr has more than one gear I assume?

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Quoting bculley

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Would I look stupid in court if I claim the officer may have made a mistake when looking at the radar screen (saying I was going 32 and the officer made a mistake and thought it said 52)? What about if I claim a bird was flying low at the same time I was driving?

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The officer will testify about his radar training, and the fact he obtained a 52 MPH reading after hearing your motorcycle engine at high RPM's. If the officer wrote good notes he might even have written down how many times he heard you shift. Can you testify that you WERE going 32MPH?

Birds...I needed the laugh this morning! Thanks.

ps, this 25 zone is a residential area?

Ok, Ok... I deserved to be called stupid for that. Anyways. I just got back from talking to the city about the traffic survey. Here's what the guy said:

There is no traffic surveys or radar surveys that have ever been done on this street to his knowledge or on record with the city. He actually said that because the street is so wide, that it doesn't qualify as a local residential street. There are no speed limit signs posted on the street that he has record of, and none that I saw (I just drove down it).

The street is extremely wide for a residential area. There is a double yellow line that runs down the street (like a highway), and there is a huge paved median on both sides of the street that can fit about one and a half cars wide.
That's what I've found out today.

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Quoting bculley

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Ok, Ok... I deserved to be called stupid for that.

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Nobody said you are stupid. you asked if you would look stupid and I answered yes... Looking stupid, feeling stupid and being stupid are three completely different states. So don't take offense to that.

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Quoting bculley

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I just got back from talking to the city about the traffic survey. Here's what the guy said:

There is no traffic surveys or radar surveys that have ever been done on this street to his knowledge or on record with the city. He actually said that because the street is so wide, that it doesn't qualify as a local residential street.

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I would look at "to his knowledge" as being the qualifying terms for that statement. I would proceed forward with an "Informal Discovery Request" to see what the officer knows/has... I highly doubt that you are the first motorist who has ever been cited on that road which would lead me to believe that the limit could be justified somehow. I could be wrong but it doesn't hurt to be ready for any and all possibilities if you plan on fighting the citation.

What VC section were you cited with anyways?

If there are no speed limit signs, where did the cop get that it was a 25mph speed limit??

Let me add these in here:

240. In determining whether a highway is within a business or residence district, the following limitations shall apply and shall qualify the definitions in Sections 235 and 515:

(a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway.
(b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district.
(c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings, other than schools, shall be deemed to be business structures.
(d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property.

515. A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.

Also:

40802. (a) A "speed trap" is either of the following:

(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone.

(b) (1) For purposes of this section, a local street or road is defined by the latest functional usage and federal-aid system maps submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a “local street or road" means a street or road that primarily provides access to abutting residential property and meets the following three conditions:

(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.

The citation I was written for was Vehicle Code: 22350

On my copy of the citation, there is a box entitled "P.F./ Max Speed." In this box the officer has circled the "P.F." part, but not the max speed, and he has written 25 in the box. I'm not sure what that means.

Also there is a box entitled "Special," and there is the number 66 in it.

The ticket says his radar unit is a "1906" type.

Oh, and also, there are quite a few two story apartment complexes that are along this street.

And one question, should I get some sort of written document from the traffic engineer of the city? He never gave me any documents except his business card, and told me to use his name in court. I don't know if a judge would buy that.