My question involves a traffic ticket from the state of: California
I was pulled over while driving on Highway 90, in greater Los Angeles, and cited for 22349(b), excess of 55 MPH in 55 MPH zone, the officer argues he paced me, citing the speed at 70+. VC 22349(b) specifically speaks to "a two-lane, undivided highway", however Highway 90 is a 4 lane divided freeway, two lanes of traffic on either side, and a center divide, with additional lanes for on/off ramps. The officer originally wrote the wrong location for this infraction, stating the location as "CHURCH LN & JEFFREY ST.", a notice of correction was served, correcting the location to "E/B SR-90 W/0 I-405", however there was no correction in regards to the vehicle code.
I originally filed for an extension, and my upcoming court date is tomorrow, 3/11/14.
My intention is to get this case dismissed on the grounds that I was improperly cited as I was not on a "two-lane, undivided highway".
1. Am I better off (a)filing a TBWD and motioning for a dismissal; (b)motioning for a dismissal at my arraignment in person; or (c)motioning for a dismissal at my actual court date. Any specific language to be used would be greatly appreciated, as well as any suggested 'evidence' (google maps).
2. For TBWD, does the legal system allow for any amendment to the citation? (This appears to be the easiest scenario to lock in the citation, but I'm afraid the judge will ignore the specifics of the 2 lane highway vs 4 lane freeway definitions.)
3. If I appear at the arraignment, and my request for a motion to dismiss is denied for whatever reason, can I still request a TBWD? (I'm assuming it would be beneficial to have all of the paperwork for TBWD completed in hand?)
4. If this goes to a court trial, and I motion to dismiss, what is the process of blocking any attempted amendments to the citation?
Thank you for any assistance, it is greatly appreciated. I have searched for similar cases, but cannot find anything specifically pertaining to this incident. I have pasted the specific vehicle code below, highlighting in red, the specific section I am basing my dismissal upon:
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.