Speeding in California, VC 22349b

California

I was stopped for going 62 in a 45 on a two lane highway divided by a double yellow line. The road is very straight without an intersection for about 1 mile.

The officer was on the opposite side of the road and as I approached his location he pulled out, pulled a U turn and then pulled me over. I did not ask how he determined my speed.

The posted speed on the street is 45. According to the Engineering and Traffic Survey it says it's 50. If the speed limit is supposed to be set between 3-7 miles below the 85%, that would put it at 46.

Is this grounds for dismissal under the 'speed trap' law?

Traffic Survey link below:

http://img39.imageshack.us/img39/812...0030414200.jpg

That is the weirdest survey I have ever seen. The 85th percentile was 53. It said the speed limit was set 3 - 7 mph below the 85th percentile IAW VC627. However, 627 doesn't say anything about 3 - 7mph. The 85th percentile alone would justify a 55mph speed limit. Any downgrade of the speed limit would require specific justification in the survey which there is none. Furthermore, the survey says the posted speed limit is 50, but you say the posted limit was 45. That in itself is invalidation of the survey.

I think you have a good speed trap defense. But you need to understand speed trap laws. You should read VC 40801 - 40805

In California does a divided 2-way highway have a maximum speed limit of 45 mph?

Any other pieces of advice?

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Quoting lastchance

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In California does a divided 2-way highway have a maximum speed limit of 45 mph?

Any other pieces of advice?

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Based on the statute you were cited for, you were charged with exceeding the 55mph maximum limit on a 2 lane highway

22349.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the
number of through lanes.

What did the officer write in the "P.F./Max Speed" box on your citation?

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Quoting EWYLTJ

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Furthermore, the survey says the posted speed limit is 50, but you say the posted limit was 45.

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According to Google Maps, the posted limit IS 45 :confused:

Are you sure that's the MOST recent survey?

That Guy
What did the officer write in the "P.F./Max Speed" box on your citation?

Speed Approx.: 62
P.F/ Max Speed: 45
Veh. Lmt.: 45
Safe: 45
Radar: R27

That Guy,

This is the second time you caught a mistake of mine because I missed information in a title. Thanks.

OK, so I agree that 22349(b) is exempt from speed trap laws. However, the OP was clocked at only 7mph over the max speed. Most cops wouldn't enforce that. However, this cop did, but he made a fatal error:

Quote:

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40503. Every notice to appear or notice of violation and every
complaint or information charging a violation of any provision of
this code regulating the speed of vehicles upon a highway shall
specify the approximate speed at which the defendant is alleged to
have driven and exactly the prima facie or maximum speed limit
applicable to the highway at the time and place of the alleged
offense and shall state any other speed limit alleged to have been
exceeded if applicable to the particular type of vehicle or
combination of vehicles operated by the defendant.

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So, since he put down 45 in the PF/Max Speed block, either he wanted to charge the OP with 22350 and rely on the PF speed limit (in which case the ticket would be defective on its face) or, he did intend to charge 22349(b), but failed to document the maximum speed limit (in which case the ticket would be defective on its face).

So, OP, you have a winner here as long as the cop doesn't ammend the ticket. Therefore, you should go to arraignment at your earliest convenience. Once you are arraigned, he can't change the ticket. However, if he does change the ticket, it is likely he will change it to 22350 instead of document the correct max speed. If he does that, then the screwed up speed survey comes in to play.

Please let us know how this ticket progresses.

Quote:

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Quoting EWYLTJ

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That Guy,

This is the second time you caught a mistake of mine because I missed information in a title. Thanks.

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No problem... I've made my share of mistakes too...

Quote:

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Quoting EWYLTJ

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OK, so I agree that 22349(b) is exempt from speed trap laws. However, the OP was clocked at only 7mph over the max speed. Most cops wouldn't enforce that. However, this cop did, but he made a fatal error:



So, since he put down 45 in the PF/Max Speed block, either he wanted to charge the OP with 22350 and rely on the PF speed limit (in which case the ticket would be defective on its face) or, he did intend to charge 22349(b), but failed to document the maximum speed limit (in which case the ticket would be defective on its face).

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Good point!

OK.

Let me try and clarify this for myself and see if it needs correcting.

Because he has charged me with 22349(b) 55+ and wrote down the PF/Max speed as 45 when the speed survey says 50 mph he's made a mistake in his written report (the ticket). So my argument would be based on filling out an incorrect number.

Now, if he catches this mistake by checking the traffic survey, amends the ticket to be 22350 under the basic speed law my argument will be that the posted speed limit is not in accordance with the traffic survey making the situation a speed trap and the ticket not valid.

Let me clarify.

22349(b) is a violation of a Maximum speed (i.e. 55mph). In that case, speed trap laws do not apply. However, VC40503 says the cop must put down the max speed (or the prima facie speed limit) on the ticket. Since he didn't put down the max speed limit of 55, his ticket is defective.

If the cop does ammend the ticket, he will likely ammend it to 22350 in which speed trap laws do apply. Since the speed survey says 50mph when the actual speed limit says 45, the survey doesn't justify the speed limit. Therefore, a speed trap existed. Either way, you have a very good defense.

EWYLTJ

VC40503 seems like a minor technicality. This will fly in court?