The 35 mph speed limit sign is not applicable (assuming it was placed in a construction zone) unless there were construction workers present. VC 22362 allows for a lower construction zone speed limit only if the following conditions are met:
1. The speed limit is placed within 400 feet of each end of the zone.
2. The sign displays the limit and the purpose of the limit
3. Employees or agents are so close to the roadway as to be endangered by passing traffic
I’m assuming that there were no construction workers present… so that’s out. The officer was present, but unless he was there with a shovel in his hand doing construction work, or unless the sign said 35mph: cop investigating an accident zone, then that’s out. Basically, as far as the law is concerned, this is NOT a construction zone.
I think you implied that the speed limit was 65 and he wrote you for 65. This means that the cop will have to prove that your speed was greater than reasonable or prudent or that you endangered the safety of persons or property. The burden is on the prosecution to prove this as per VC 22351(a). You are not burdened to prove that you did not.
I believe I’d follow the donzoh path of TBD, TDN and hope the cop doesn’t show. But if he does, you aren’t finished. If he only testifies that you exceeded the posted 35mph speed limit, then you can question him enough only to establish that there were no construction workers present. You can also ask him where the speed limit signs were placed (to establish the 400’ rule). Basically, you want to negate the validity of the construction zone speed limit. Then you can move for dismissal because the officer was simply relying on the construction zone limit sign and he did NOT offer any evidence to prove that you violated the basic speed law as required by VC 22351(a).
Personally, I’d give this about a 20% probability for success if the cop shows up. Even if your case goes perfectly and the cop fails to prove anything other than you exceeded the construction zone limit, most traffic court judges are willing to ignore the law in favor of just assuming that you must be guilty if the cop wrote you a ticket.

