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  1. #1
    Join Date
    Mar 2014
    Posts
    1

    Default When is a Speed and Safety Survey Required to Set a Speed Limit

    My question involves a traffic ticket from the state of CA

    I was cited for 22349(a) on a Highway. My approximate speed is listed as 80, P.F./Max speed is listed as 65, safe speed is listed as 55. I requested a Safety and Speed survey from Cal Trans thinking that if a survey wasn't completed I would possibly get out of my ticket. I'm not an expert, viewed it as a long shot but thought it would be worth a try.

    I got the following response back from Cal Trans in writing via email.


    "Hello,

    According to the Caltrans District 4 Speed Zone Survey Division, the subject road segment is a freeway with a posted speed limit of 55mph. The speed limit is set by California Vehicle Code (CVC) and not according to an Engineering and Traffic Survey result, therefore, we do not have an E&TS in our files which would be responsive to your request. The CVC is published by the California Department of Motor Vehicles and can be accessed at www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm."

    If a speed survey is not required is there another admissible defense?

  2. #2
    Join Date
    Sep 2013
    Posts
    244

    Default Re: Speed and Safety Survey: is One Required for a State Highway

    What does it mean by "appox. speed"?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,666

    Default Re: Speed and Safety Survey: is One Required for a State Highway

    You can no use the speed trap defense on 22349. Speed surveys are hence not required. It actually appears that the cop gave you a break. You were only cited for 25 over (not in excess of 25 over). In fact, it appears you were violating the maximum speed of 55 (not 65). The lack of a traffic survey would preclude that the limit could have possibly been 65.

    What defense are you imagining?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speed and Safety Survey: is One Required for a State Highway

    I was cited for 22349(a) on a Highway. My approximate speed is listed as 80, P.F./Max speed is listed as 65, safe speed is listed as 55. I requested a Safety and Speed survey from Cal Trans thinking that if a survey wasn't completed I would possibly get out of my ticket. I'm not an expert, viewed it as a long shot but thought it would be worth a try.

    I got the following response back from Cal Trans in writing via email.


    "Hello,

    According to the Caltrans District 4 Speed Zone Survey Division, the subject road segment is a freeway with a posted speed limit of 55mph. The speed limit is set by California Vehicle Code (CVC) and not according to an Engineering and Traffic Survey result, therefore, we do not have an E&TS in our files which would be responsive to your request. The CVC is published by the California Department of Motor Vehicles and can be accessed at www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm."

    If a speed survey is not required is there another admissible defense?
    The response you received from Caltrans is as legally accurate as can be. But even if the road was posted with a speed limit that required a survey, the officer cited you for a code section that leaves you without a defense whatsoever. If you are eligible for traffic school, take it and be done!

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