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  1. #1
    Join Date
    Dec 2014
    Location
    Glendale, California, United States
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    8

    Default Speeding, Approximately 25 MPH Over the Speed Limit

    My question involves a traffic ticket from the state of: California
    Forgive me if I double-posted; I can't find the thread I started.
    Earlier today, I was pulled over for going approximately 50mph in a 25mph. I was wondering if the fines are the same for being clocked at 50, than having it approximately 50.
    Also, does the "heavy" traffic condition add more to the fine?
    I was also cited in December last year, will that make a difference to my fine?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Approximately 25 Over Speed Limit

    Don't see any posts on this subject (just the one on provisional license issues).

    If you were just cited for one of the speeding statutes, the fine is based on miles over and whatever speed he said determines your fine. 25 Over is the high end of the middle fine range. 26 would not only be another 50% or so increase in the fine, but also disqualify you from traffic school.

    Heavy traffic just means you would have even a harder time arguing that a 25-over violation of the basic speed law was somehow justified.

  3. #3
    Join Date
    Dec 2014
    Location
    Glendale, California, United States
    Posts
    8

    Default Re: Approximately 25 Over Speed Limit

    On the "zone" part of the ticket, he circled right in the middle of the school and bus zone. There was a school in the area but it was a Saturday aswell; does school zone still apply? Or did he mean to circle the bus zone since I pulled over in front of a bus stop?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Approximately 25 Over Speed Limit

    I would suspect that it meant SCHOOL ZONE. Bus Zone really only applies to parking/stopping rules not speed.
    School zone invalidates the possibility for a speed trap defense.
    The school zone may just lower the prima facie limit to 25 all the time or it may have a time or "when children present" qualification.

    Would you like to tell us where this happened?

  5. #5

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    Quote Quoting Jp Gamboa
    View Post
    My question involves a traffic ticket from the state of: California
    Forgive me if I double-posted; I can't find the thread I started.
    Earlier today, I was pulled over for going approximately 50mph in a 25mph. I was wondering if the fines are the same for being clocked at 50, than having it approximately 50.
    Also, does the "heavy" traffic condition add more to the fine?
    I was also cited in December last year, will that make a difference to my fine?


    You posted this on 8 Feb (Sunday) and said you received your ticket that day. Question: what is the posted speed limit (not the school zone limit). The reason I ask is that the 25mph school zone is ONLY valid during school hours. Assuming that there is no school on Sunday, the 25mph school zone speed limit would not apply.

    22352(b)(2) When approaching or passing a school building or the grounds
    thereof, contiguous to a highway and posted with a standard "SCHOOL"
    warning sign, while children are going to or leaving the school
    either during school hours or during the noon recess period. The
    prima facie limit shall also apply when approaching or passing any
    school grounds which are not separated from the highway by a fence,
    gate, or other physical barrier while the grounds are in use by
    children and the highway is posted with a standard "SCHOOL" warning
    sign. For purposes of this subparagraph, standard "SCHOOL" warning
    signs may be placed at any distance up to 500 feet away from school
    grounds.

    What section of the VC were you cited with? VC22350? What did the cop write on the ticket as the speed limit? Did he write 25mph only? If there is another "non-school zone" speed limit, he should have written that as well.

  6. #6
    Join Date
    Dec 2014
    Location
    Glendale, California, United States
    Posts
    8

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    I was cited with VC 22350 "speed"; The speed limit is 25mph on the street I was pulled over in regardless school zone or not; however I just happened to be passing the school when he decided to pull me over. I'm guessing he just put school zone since I wasn't in a residential, freeway or bus zone area. Will there be any difference if I was 25 over in a school zone, rather than 25 over in general?
    And on the box that says Radar and Laser, he put #VI3, and didn't circle Radar nor Laser, does VI3 just mean that he guesstimated my speed visually?

  7. #7
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    Quote Quoting Jp Gamboa
    View Post
    My question involves a traffic ticket from the state of: California
    Forgive me if I double-posted; I can't find the thread I started.
    Earlier today, I was pulled over for going approximately 50mph in a 25mph. I was wondering if the fines are the same for being clocked at 50, than having it approximately 50.
    Also, does the "heavy" traffic condition add more to the fine?
    I was also cited in December last year, will that make a difference to my fine?
    What kind of car do you drive that you're able to get it up to 50 in a school zone during heavy traffic? Were you driving on the shoulder? When I think of "heavy" traffic in a 25 mph zone, I think of maybe a car every 100 feet or less. Unless everyone else was going 50 (possible but doubtful) you have some really impressive acceleration capacity there.

  8. #8

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    Quote Quoting Jp Gamboa
    View Post
    I was cited with VC 22350 "speed"; The speed limit is 25mph on the street I was pulled over in regardless school zone or not; however I just happened to be passing the school when he decided to pull me over. I'm guessing he just put school zone since I wasn't in a residential, freeway or bus zone area. Will there be any difference if I was 25 over in a school zone, rather than 25 over in general?
    And on the box that says Radar and Laser, he put #VI3, and didn't circle Radar nor Laser, does VI3 just mean that he guesstimated my speed visually?
    A 25mph speed limit would be authorized if it were a business or residential zone, of which you say it is not. If radar or lidar was actually used, then the 25mph limit would have to be justified by a speed survey. I've never seen a speed survey justify a 25mph limit, but I guess it could happen.

    You need to do two things. You need to do a discovery request to determine if radar or lidar was used. And you need to get a copy of the speed survey.

  9. #9
    Join Date
    Dec 2014
    Location
    Glendale, California, United States
    Posts
    8

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    Ohwow do I feel dumb. "Bus." On the zone section means business, not bus zone. Yes I was in a business zone. &no, nobody ever goes speed limit there as everyone treats it as a normal street. I was just going faster than them. If I were to stand on the side of the street pointing a radar gun at every car that passed, I would get speeds from 35-45mph.
    I'm not sure if this will help but I don't think he used anything. He said something along the lines of "you were going about 50 right there kiddo" or "seems to me you were going around 50"
    Oh and I drive a mustang. A loud one. He even complimented me on how quick the car is haha.
    But @Jim-bo, I will look into those things you suggested me to do. Thank you

  10. #10

    Default Re: Speeding, Approximately 25 MPH Over the Speed Limit

    If you think it is a business district, you need to determine whether it is or not before you start wasting your time looking for speed surveys.

    235. A "business district" is that portion of a highway and the
    property contiguous thereto (a) upon one side of which highway, for a
    distance of 600 feet, 50 percent or more of the contiguous property
    fronting thereon is occupied by buildings in use for business, or (b)
    upon both sides of which highway, collectively, for a distance of
    300 feet, 50 percent or more of the contiguous property fronting
    thereon is so occupied. A business district may be longer than the
    distances specified in this section if the above ratio of buildings
    in use for business to the length of the highway exists.

    A 25mph speed limit is statutorily justified if you are in fact in a business district (and not a state highway), so the speed survey will be irrelevant.

    22352. The prima facie limits are as follows and shall be
    applicable unless changed as authorized in this code and, if so
    changed, only when signs have been erected giving notice thereof:
    (b) Twenty-five miles per hour:
    (1) On any highway other than a state highway, in any business or
    residence district unless a different speed is determined by local
    authority under procedures set forth in this code.


    So, the first questions are: is the road you were sited on a state highway? and is the road actually a business district?

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