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    Default Re: Using a Speed Trap Defense for a 25 MPH Zone

    Quote Quoting speeder38
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    I was cited March 4 for 38 in a 25MPH zone, laser was used.
    Why is the limit posted at 25mph? School Zone (see 22352(b)(2))? Residential district (See 22352(b)(1))? Business district(See 22352(b)(1) as well)? Is it near a senior center (See 22352(b)(3)) or a public park (see 22357.1)?

    Speed traps would not apply to any of those cases. Simply because all those zones require a 25 mph limit are statutory speed limits and the great likelihood in all of those cases is that the speed limit was not determined by way of a survey, instead, it was simply posted by looking at abutting property and establishing that 25 mph limit by statute.

    Quote Quoting speeder38
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    I'm generally pretty good at diagramming outlines but I can't seem to see how to properly indent this and determine what is a subsection of what.
    This, in my opinion is properly indented CVC 40802. Just don't worry about the different colors, I was explaining how those subsections apply to different circumstances none of which apply here.



    (Assuming you answered "yes" to any of the "is it" questions I asked above, that would then be the reason that this segment of roadway would not fall under the scope of 40802(b), for 2 reasons: (1) because none of the code sections I cited above as the authority behind each 25 mph limit is listed under 40802(a)(2), and/or (2) because of those locations are excluded under other subparagraohs under 40802.

    Quote Quoting speeder38
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    There is one section mentioning a 5-year traffic survey and another 7-years. Which is it?
    Whether the 5 year, 7 year or 10 year provisions apply is dependent upon the date the most recent survey was conducted. In this case, and if any of the conditions (abutting properties) are as described, then you won't find a survey/

    Quote Quoting speeder38
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    Regardless of whether this is a speed trap by legal definition, it certainly is one by functional definition as 25 is way too low and anyone doing 25 is likely to get run over.
    Well, if it is a statutory speed limit, then by "functional definition" a 25 mph limit is what the law requires it to be... And therefore it is not low or high but exactly where it must be!

    Quote Quoting speeder38
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    DISCOVERY:
    I would certainly like to see the traffic engineering survey both to verify its timeliness and also for the justification of the 25MPH speed. Where do I go to get this? The road is within the city limits of Goleta, CA. Law enforcement is actually Santa Barbara county sheriff, but the city apparently contracts out to them. Some patrol cars have City of Goleta Police, others SB Sheriff. Uniforms are SB Sheriff.

    Similarly, where do I ask for the officer's proof of required training and laser calibration? The serial number of the laser unit isn't on the citation not did I examine it at the time.
    If a survey does exist you can easily obtain it from the city's public works department. And without the provisions of CVC 40802 applying there are no statutory requirements for Radar/Laser training or for calibration. But you can request those from the citing agency.

    Quote Quoting speeder38
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    TRIAL BY WRITTEN DECLARATION:
    I see that this is recommended by several in the forum. I question why, as it seems to pretty much be a rubber-stamp guilty. Also by going for a TBD, being found guilty, asking for trial de novo do I forfeit the 45-day right to speedy trial? Is it possible to get the speed trap documents (traffic survey, training, laser calibration) by discovery for trial by declaration?
    Before you can decide whether its a rubber stamping process or not, or whether it is recommended by any on this forum, you have to establish whether you have a defense... If you don't have a defense then the process you choose is not going to lower or change your potential of losing and being convicted. So while it might seem like its a process where declarations get rubber stamped, the better likelihood is that those declarations lacked the substance to qualify them for anything different than a rubber stamp.

    In reality you are far too deep into being guilty than you are close to prevailing. In other words, and even if the 25 mph limit was set by way of a survey and pursuant to 40802, the 25 mph would then be the "official prima facie limit" which would obviously make it the "safe speed" for the segment of roadway where you were cited. And subsequently, you were cited for exceeding that safe speed by 13 mph... How do you plane to convince the judge that your speed was safe when in fact it has been predetermined that the safe speed is 25 mph?

    Oh, and once you elect a TBD, you no longer have a claim to a 45 day speedy trial.

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