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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Angry How to Fight Speeding Ticket 22350 (Unsafe Speed for Conditions-Weather) Evidence

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

    I was traveling on a major freeway in San Diego, going 77mph in the # 1 "fast" lane. It was raining, but only light rain (in my opinion) at the time. No other vehicles were present in my immediate vicinity. CHP pulled me over and cited me for 22350 (Unsafe Speed for Conditions). I plan to fight this ticket through a trial by Written Declaration.

    My questions are: How to fight this type of charge? What could my "evidence" possibly be?

    It seems rather subjective; his word against mine. After I read the 22350 section, the language seemed vague and non specific.

    Any help would be appreciated. I cannot afford the $283 bail plus traffic school fees.

    Thanks much,

    Hume

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: How to Fight Speeding Ticket 22350 (Unsafe Speed for Conditions-Weather) Evidence

    Quote Quoting humej9
    View Post
    I was traveling on a major freeway in San Diego
    What was the speed limit? What did he mark as the "P.F./Max speed" on your citation? What did he mark as the "safe speed" if anything?

    How did he measure your speed?

    Quote Quoting humej9
    View Post
    I plan to fight this ticket through a trial by Written Declaration. ... I cannot afford the $283 bail plus traffic school fees.
    Just keep in mind that most (if not ALL) California courts will require you to post bail in an amount equal to the bail amount ($283) when you request a TBD... (and if you are later found "not guilty", they will refund it)... So you may have to come up with it somehow before you can proceed!

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: How to Fight Speeding Ticket 22350 (Unsafe Speed for Conditions-Weather) Evidence

    The posted limit was 65mph. The "safe speed" was 60 mph. I assume he measured by laser or radar since the speed he cited me for was the exact speed my GPS displayed. He seemed to know with extreme accuracy how fast I was going. Thanks for any advise.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How to Fight Speeding Ticket 22350 (Unsafe Speed for Conditions-Weather) Evidence

    You will have a tough time articulating that the speed was safe when you were 12 MPH over the speed limit and traveling over the speed limit on a freeway where the rains had likely created more hazardous conditions. And if it were the first rain for some time it is even more hazardous as oils from the roadway tend to come out with the new rain.

    You are fortunate that the officer cited you for 22350 and not for 22349(a). By citing 22350 he gave you a slim chance to beat the charge.

  5. #5
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: How to Fight Speeding Ticket 22350 (Unsafe Speed for Conditions-Weather) Evidence

    Quote Quoting cdwjava
    View Post
    You are fortunate that the officer cited you for 22350 and not for 22349(a). By citing 22350 he gave you a slim chance to beat the charge.
    That, or the officer was making a statement there. Unlike an average patrolman, CHPs know the ins and outs of those statutes pretty well.

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