Speeding Ticket - 22350 - 63 in a 45 Zone CA

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

It was 7:45 AM, 2 lane road (it is not a local road), there were a bunch cars following each other, in the only place where passing is allowed, I tried to pass the lead car in front of me, I sped up to pass the car, as soon as I get to the other lane, I saw a cop car hiding on the other side of the road, to late to go back to my lane and reduce speed, as soon as got back to my lane I saw him turn his lights on. I knew then that I must have went over the speed limit.

I stopped, he told me that I was doing 63, asked for my license and registration. He also asked me if I wanted to look at the radar which I did.

I am eligible for traffic school, the fine is $256 and $305 if I go to traffic school. I initially was going to plead "no contest with explanation" because I increased my speed so that I can safely go back to my last in the least amount of time to reduce the risk to myself.

But after reading this forum, I was thinking maybe I should fight it. I don't know if I should use the basic speed law defense or the speed trap defense. This is my first time getting a ticket.

There were no pedestrians, no oncoming traffic, the weather was dry. It was a clear day.

I have been to "Help! I got a Ticket!" and read up all the type of defense.

Can I win this? My arraignment is tomorrow. Any help is appreciated. Should I even try a TBWD?

Go plead not guilty and get yourself a copy of the speed survey. That will likely be your best defense.

I got the engineering and traffic survey. It was done in 5/28/2002 - it is clearly over 5 years old. Also the 85th percentile was 53 mph. The speed limit was posted as 45 mph. This is clearly a speed trap right on at least 2 gorunds, the survey being over 5 years old and the posted speed limit is 8 mph below the 85th percentile.

Thank you.

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Quoting gooberAce

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because I increased my speed so that I can safely go back to my last in the least amount of time to reduce the risk to myself.

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That won't fly. You are allowed to pas in a passing zone so long as you stay at or under the speed limit.

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Quoting gooberAce

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There were no pedestrians, no oncoming traffic, the weather was dry. It was a clear day.

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What CVC section were you cited for?

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Quoting gooberAce

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the survey being over 5 years old

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The survey can still be valid for 7 years under certain conditions... 10 years under other conditions.

Well, you should prepare yourself to go to court and argue speed trap. Go back and look at VC40802. There is a way to extend the survey to 7 years. However, I'm not sure how the survey can be extended to 10 years...

That Guy, can you tell us how the survey can be extended to 10 years???

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Quoting EWYLTJ

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That Guy, can you tell us how the survey can be extended to 10 years???

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Certainly, Jim...

CVC Section 40802(c)(2)(B)(i)(II)

If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years.

thanks for the response!!

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Quoting EWYLTJ

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thanks for the response!!

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None needed. :)

Thank you. I was cited for CVC 22350 - excessive speed. How about the speed limit being set to 45 when the speed survey said the 85th percentile is 53 mph. This is a very long stretch of road. The particular part where I was caught was the south of Highland Road. I am attaching speed survey.
http://i277.photobucket.com/albums/k...ssSurvey-1.jpg
http://i277.photobucket.com/albums/k...ssSurvey-2.jpg
http://i277.photobucket.com/albums/k...ssSurvey-3.jpg
http://i277.photobucket.com/albums/k...ssSurvey-4.jpg

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Quoting gooberAce

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Also the 85th percentile was 53 mph.

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That, is only one of four 85th percentile speeds quoted on that survey. Which portion of that road were you cited on?

I ask this because the 85th percentile speed is quoted as 49mph on one portion and honestly, I can't remember if they can round it down or if they always have to round it up!!!