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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default TIcketed for Unsafe Speed Due to Inadequate Notice of Accident Ahead

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


    For my friends baby shower we decided to go on a drive. We all drive old cars. I have a 1970 bmw 2002.
    We were on highway 152 in california. Posted limit 55 . Seems a bit high but thats what wikipedia says.
    This is a VERY windy "highway". I would say 2 lane mountain road. I was going around 35-40 what I told the officer.
    As I was making a blind right turn I see a slow down sign. A couple feet before the turn. I start slowing down and BAM!!
    In front of me is a tow truck and squad car in the middle of the road stationary. Luckily I had just taken an auto safety course and slammed on the brakes (brakes locked up because I dont have abs)
    managed to slide and avoid the shiny tow truck and hit what was left of a barbed wire fence. I get yelled at by the police officer "DID YOU NOT SEE THE SIGN!?"
    I tell him "sir with all due respect I did but its just to close to the scene!" so I forgot exactly but he either gets one of the county workers to move the sign or he himself goes out and moves the sign farther and in the midle of the road where its
    very visible. (the reason the cop and the tow truck was there was because A miata was totalled on the side of the road and destroyed the fence I had hit.)
    He says " I have to write a report". Asks me how fast I was going for the report and what had happened.
    I told him " I was going around 35-40 and didnt see the sign in time hit the brakes had a controlled skid to avoid truck and hit the rest of the fence".
    He says okay and lets me go. 2 weeks later I get a ticket in the mail with 22350 DESCRIPTION Speed. SPEED APROX 45. P.F Max spd 35. Safe 20.
    First of all, to go 45 on this road u must be a damn good race car driver let me tell you that.

    He did not have a radar or anything .
    I bet I cant fight this though because I did hit the fence and "endangered everyone around".
    IT just feels unfair because I wasn't even going the speed he said I was AND he moved the fricking sign!!!!

    I just got a ticket for an illegal you turn 4 months ago. (I was glad to pay that and admit guilt because it was a dumb decision).

    On the other hand I feel this ticket is unfair. Should I pay it or do I have any chance to fight it?

    PS: Is been ever sine 11/06/2010 and I have gotten the ticket in the mail but no courtesy letter yet.
    I was thinking of doing trial by declaration. Using people I was driving with as a witness?

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

    Default Re: 22350 Partiallly Officers Fault

    22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.


    Simple question: had you been driving (around that blind corner) at a slower speed than "whatever speed you were driving", do you think you would have been able to stop instead of skidding, sliding and hitting the fence?

    If the answer is "yes", then your speed was unsafe and as such, you were in violation of the "basic speed law" (VC section 22350).

    Another angle...

    22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.


    The speed limit on a 2 lane undivided highway is 55mph (established pursuant to VC 22349(b))... As such, and although your speed was not in excess of said limit, and by virtue of the accident (and the damage that you caused to "property") it was UNlawful and therefore, it was in violation of the basic speed law (VC 23350)...

    Of course you're free to try your hand at a TBD, but IMO, the only hope that you have of prevailing would be if the officer does not file his declaration.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: TIcketed for Unsafe Speed Due to Inadequate Notice of Accident Ahead

    Quote Quoting frenchee
    View Post
    Posted limit 55 . Seems a bit high but thats what wikipedia says.
    The officer seems to share your opinion, suggesting that Wikipedia is wrong.
    Quote Quoting frenchee
    22350 DESCRIPTION Speed. SPEED APROX 45. P.F Max spd 35. Safe 20.
    The prima facie speed is normally set under one of these statutes, defining "reasonable and prudent" speed limits for various types of roads. What speed was posted?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: TIcketed for Unsafe Speed Due to Inadequate Notice of Accident Ahead

    What does a slow down sign mean? Nothing. The cop was the one at fault here. He should have had his squad car near the "slow down" sign with his lights on to properly warn people. You clearly were driving at a safe speed as evidenced by you ability to avoid a collision with the vehicles. And when a cop asks you how fast were you going then you don't answer this question. You told him your were going 40 MPH, he'll testify to that & that you told him & that even 40 was to fast. Now you have to cross him about the accuracy of your speedo. etc. I don't know about what is the fence that you hit ... was it on the road? You can ask him in your cross if he moved the sign further down the road to give people more warning. You'll need to cross this cop on the stand well, prepare a set of written questions to keep yourself on track. Ya got about a 50/50 chance here, it would have been better if you did not talk to the cop.

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

    Default Re: TIcketed for Unsafe Speed Due to Inadequate Notice of Accident Ahead

    Unfortunately, the law makes it your responsibility to maintain a speed that is low enough to stop safely in case of a sudden obstruction (e.g. a bicyclist or a car wreck) behind a blind curve. The fact that there is nothing there 99.99% of the time isn't much of a defense just because you got unlucky. Thankfully, nobody got hurt at least.

    That being said, you have no good reason not to fight it. TBD and, if necessary, trial de novo seems like the way to go. If you can get a separate arraignment and the judge seems lenient, you may or may not be able to get it dropped down to a non-moving violation at least if the judge agrees that slamming someone down with two points on top of the repair bills for a non-injury car accident is overkill (one for the at-fault crash and one more for the citation).

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