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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    1

    Default Fighting a ticket for 40 in a 25

    I was on my way home late one night when I went through this little town that is along the highway. I was cited for violation of vc 22350 for driving 40 mph in a 25 mph zone. I was thinking, I would argue that I did not actually break vc 22350 because the weather was very clear (even full moon), visibility was clear, there was no traffic, and the width and surface of the road was the same as it is just a few dozen yards up the road where the posted speed limit is 35 mph.. and just a little bit further than that, the posted speed limit is 55 mph. I got this ticket at 11:50 pm and the road was completely empty.

    I thought maybe my best bet would be to ask the officer all of these questions (about the weather, visibility, if 40 mph was driving too fast for the visibility, if I was placing any persons or property in danger). The answers to all of these questions is "no." So I am wondering if it is likely that my case will be dismissed.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Speed Limits

    Speed limit signs don't apply until after you pass them. Presumably there is a reason that the (residential?) area in which you were ticketed is limited to 25 MPH, as compared to the (highway?) area further down the road.

  3. #3
    Join Date
    Aug 2005
    Posts
    117

    Default

    For starters, when he fails to bring a proper engineering and traffic survey, the second he starts testiliing about your speed, you will be objecting for a lack of foundation.

    Now don't forget, you will have filed an informal request for discovery for the traffic survey, which he willignroe, so you will be moving to dismiss or in the alternative to have the court sanction the cop.....Get Nolo's Fight Your Ticket book......they have a really good section on discovery as well as all the proper elements needed to constitute a proper engineering survey justifying a speed posting on a raod, all of which is required otherwise the stretch of road is an illegal speed trap.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Quote Quoting DaveBis
    For starters, when he fails to bring a proper engineering and traffic survey, the second he starts testiliing about your speed, you will be objecting for a lack of foundation.
    Lack of foundation for what?

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