California 22350 VC, 73 in 55

I was cited 22350 for driving 73 in a 55mph State Highway 67s. Now to be honest with you guys, the cop was right, I was driving at that speed. However, he simply cited 22350 ONLY.

I remember that the basic speed law has no MENTION of speed limit. I was driving on a highway on a Sunday afternoon with no traffic and great visibility. (I have documents for those conditions)

I also went online and found the average breaking distance @ 55MPH compare to my car(2009 z4) @ 75mph, comes out that adding in the reaction time, mine would still break faster than average cars.

I also got the traffic survey stating that the 85th percentile speed is 65mph.


Was I driving over the limit? Yes, was I violating 22350? No. I was fully in control! and it was downhill.


Do I have a case? Please advice! Thank you

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Quoting zaqweewqaz

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I was cited 22350 for driving 73 in a 55mph State Highway 67s. Now to be honest with you guys, the cop was right, I was driving at that speed. However, he simply cited 22350 ONLY.

I remember that the basic speed law has no MENTION of speed limit. I was driving on a highway on a Sunday afternoon with no traffic and great visibility. (I have documents for those conditions)

I also went online and found the average breaking distance @ 55MPH compare to my car(2009 z4) @ 75mph, comes out that adding in the reaction time, mine would still break faster than average cars.

I also got the traffic survey stating that the 85th percentile speed is 65mph.


Was I driving over the limit? Yes, was I violating 22350? No. I was fully in control! and it was downhill.


Do I have a case? Please advice! Thank you

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What else does the survey say? Any way you can post a scan of it?

Also, how was your speed measured? Radar/Laser or by "pace"?

As long as the survey was conducted after 2004, you have an excellent case. If your survey was after July 2009, it is black and white.

Do like TG said and post it if you can.

I have not gotten the survey(just went to carltran and requested copy and looked over it)
The survey is April 2009?

What do you mean by black and white?

I didnt feel like the survey would help much because 65mph < 73mph?

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Quoting zaqweewqaz

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I have not gotten the survey(just went to carltran and requested copy and looked over it)
The survey is April 2009?

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You should request a copy of the survey and post it...

Also, please answer my question about how your speed was measured? Radar/Laser or "pace"???

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Quoting zaqweewqaz

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I have not gotten the survey(just went to carltran and requested copy and looked over it)
The survey is April 2009?

What do you mean by black and white?

I didnt feel like the survey would help much because 65mph < 73mph?

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Assuming that radar or lidar was involved, your speed is irrelevant. If the speed limit was not justified, it was a speed trap.

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Quoting That Guy

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You should request a copy of the survey and post it...

Also, please answer my question about how your speed was measured? Radar/Laser or "pace"???

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it was Radar/Laser from the opposite site.

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Quoting EWYLTJ

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Assuming that radar or lidar was involved, your speed is irrelevant. If the speed limit was not justified, it was a speed trap.

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I see. so even though it was a 55mph(85th is 63) speed limit, since the speed limit is not justified, it counts as a speed trap even if i was driving way above the limit(73)? and therefore voiding my ticket?

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Quoting zaqweewqaz

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I see. so even though it was a 55mph(85th is 63) speed limit, since the speed limit is not justified, it counts as a speed trap even if i was driving way above the limit(73)? and therefore voiding my ticket?

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Theoretically, yes.

And this is the exact reason why you need to get a copy of the survey and post the details:

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Quoting zaqweewqaz

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I also got the traffic survey stating that the 85th percentile speed is 65mph.

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Quoting zaqweewqaz

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...(85th is 63)...

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Is it 65mph? Is it 63mph? or is it something else?

Also, the reasons cited in the survey as to why the limit was reduced from the 85th percentile make a big difference as well.

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Quoting That Guy

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Theoretically, yes.

And this is the exact reason why you need to get a copy of the survey and post the details:


Is it 65mph? Is it 63mph? or is it something else?

Also, the reasons cited in the survey as to why the limit was reduced from the 85th percentile make a big difference as well.

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will post survey once I get it.

Hi, I have uploaded the speed survey. I have also circled out the information that I think its relevent to my case. Please advise. Thank you
http://i46.tinypic.com/rlcosi.jpg
http://i50.tinypic.com/1410b61.jpg
http://i46.tinypic.com/64mohj.jpg
http://i46.tinypic.com/acsd45.jpg