So, in theory (minus the pesky rules of evidence), it's an all-or-nothing proposition. If the prosecution fulfills their side and proves there was no speed trap, YOU are then presumed to have been at an unsafe speed unless you can prove otherwise (VC 22351). They have to show nothing else; the burden is on YOU to somehow show that none of the conditions for an unsafe speed existed at the time and no persons or property were endangered. You can try doing that via, e.g. the "30 Questions" defense but it may be difficult. Far easier to simply prove a speed trap and force the court to dismiss...
- Show it was not a school zone (incorrectly signed). Maybe state that no children would be about, in any case, because of school rules.
- Use the CalTrans map to show that Crestmoor Dr. is a non-local road and the speed trap laws therefore apply.
- Show that the prosecution's evidence is insufficient to rebut (i.e. overcome) the speed trap presumption and therefore, the officer is incompetent to testify to anything (including any visual estimate of speed) and the court must dismiss your case.
The right WAY to do these would be via appropriate objections as the officer testifies such that you can avoid having to testify at all, but that probably won't be possible here. So wait for the officer to finish his testimony, cross-examine if necessary, and then p
law so that this privilege cannot be abused. The court also cannot take judicial notice without allowing the parties a chance to object to it. In the case cited, the court used judicial notice to bypass the necessity of a witness proving those three requirements for the official records exemption were fulfilled.
(c) typically requires in-person attendance of the custodian (i.e., the business employee who is responsible for maintaining records), or "other qualified witness," which typically has to be the traffic engineer who performed/certified the survey. The custodian can also provide an affidavit under subpoena instead of in-person attendance. Needless to say, none of these typically happen in your usual traffic case.Quoting Evid. Code 1270, Business Records exception to Hearsay