Alright, I think I got the document we are looking for. (The traffic survey), I have attached it here.
** The link is on the bottom right hand corner..its hiding there.
I just need some help making sense of all the numbers, anyone familiar with this?
85th Percentile Speed = 49.8 mph
Nearest 5mph increment = 50mph
However, the "1 accident per year" is 6.25 times higher than the "0.16 accidents per Million Vehicle Miles per year".
Pursuant to CA Vehicle Code Section 627 (specifically Subsection (b)/Subparagraph(2)), a 5mph speed limit reduction to 45mph would be justified.
Posted speed limit = 45mph
Therefore: No Speed Trap...
Sorry, but by saying "Sorry..."
You are saying I have absolutely NO CHANCE of winning?
P.S: Also, If I end up going to court and LOSING, do I just have to pay the original fine or are there any OTHER COURT FEES that will pile up on top of my existing charge?
Assuming that the officer does:
- Present the survey, (he more than likely will) AND
- Present training certificates (he more than likely will), AND
- Testify that your speed under the conditions existing at the time was unsafe (he more than likely will)...
... then the burden shifts to you to show -by competent evidence- that your speed was in fact safe and prudent and that you did not endanger person or property.
The "competent evidence" is usually the part which makes beating this citation -when the survey justifies the limit- particularly difficult.
If he fails to do any of the three things (bullets) I mentioned above, you can then move for a dismissal (pursuant to Vehicle Code section 40802) on the grounds that the prosecution did NOT prove your guilt beyond a reasonable doubt.
Yes, it is sort of complicated and confusing at times... But in short, when the speed limit IS justified by the related E&T survey, then almost all hope is gone!
There may also be an additional FEE that the court will charge if you choose an extension to pay or a payment plan.
Other than those, the FINE amount as stated on your courtesy notice comprises the actual/total FINE which you will be ordered to pay (if you lose)... Unless the judge reduces it for you (assuming you lose). No telling on whether that will happen or not but you're free to ask.
With the #2 violation being 61 in a 45, it's not a cakewalk, but as long as you bone up on the 30 questions defense and come prepared to cross-examine the officer to refute any arguments that the officer will cite as to why your speed created a danger, your chances are good enough to make it worthwhile. Any luck on getting a copy of the officer's declaration for the ticket #2 yet?
Absolutely you should go to court. The 30 question defense is a very good one... despite what That Guy says. Furthermore, I have been to court where the cop does NOT bring a copy of the speed survey. Also, if he does, that survey MUST be a certified true copy. It cannot simply be a photocopy. If it is, object to its admission into evidence. Then move for dismissal due to lack of a survey. It works.