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  1. #1

    Default How To Fight Unsafe Speed Ticket (22350) In Los Angeles County

    Hi Everyone,

    I'm fighting an "Unsafe Speed" ticket (22350) in Los Angeles County. I researched the best options to fight the ticket, and most of what I found were cases involving exceeding the speed limit, radar, and pacing. None of these happened in my case, so does anyone have advice for me?

    This is what happened:
    - I was going eastbound in the right-hand lane on a 40mph street, approaching an intersection, preparing to turn right at the traffic light.
    - A cop was going northbound at that intersection, preparing to turn left.
    - As the light changed, I had to stop, but it was an abrupt stop that made the tires chirp slightly. (No skid mark)
    - The cop looked left and saw me do this, and gave me the ticket.
    - I made the stop in time, without entering into the crosswalk.

    Written on the ticket:
    - Speed limit = 40mph
    - My speed = 30 mph
    - Safe = no
    - Radar = no
    - No notable weather, road, or traffic conditions (I can't read his writing here, but I think he wrote N/A)
    - Location of violation = "E/B _____ PT _____ - STOPPING"

    My plan to present the case:
    - Use what the cop wrote on the ticket as evidence
    -- I was under the speed limit
    -- Clear weather/road/traffic
    -- No radar or pacing, so he couldn't know I was going too fast
    -- Writing that he gave me the ticket for "stopping". (Am I not supposed to stop??)
    -- Basically contradicting himself that my speed was "unsafe" even though I was under the speed limit, in clear conditions, only for stopping, with very limited observation.

    - There's no way he could have known I was going too fast in that situation because at most, he observed me for a couple seconds, and most likely, he only saw me for a fraction of a second.
    - There is folliage at the intersection that blocks the view from the cop's position, further limiting the time/angle he could have seen me.
    - I will submit photographs of the intersection.

    I heard this is one of the easiest violations to beat. Do I have a case? What else can I present?

    Thank you in advance.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: How To Fight Unsafe Speed Ticket (22350) In Los Angeles County, CA?

    Wow... what an idiot this cop is!! This should be a very easy case to win.

    VC22351 states:
    The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.
    This is the code that the State normally relys on when prosecuting a 22350 charge. However, in this case, you were driving UNDER the prima facie speed limit. Therefore 22351 does not apply.

    In People v. Huffman, the Court stated:
    In a prosecution under Vehicle Code section 22350, the record must contain substantial evidence from which a fact finder could conclude that the defendant drove at a speed that either endangered people or property or was unreasonable for the driving conditions.
    Therefore, the cop will have a steep burden of proof to overcome. I'm sure he won't be able to testify that people were diving out of the way or taking evasive action due to your speed or that you lost control of your car.

    If he makes mention of the "chirp", you can simply ask him if that was a product of excessive speed or of excessive braking. He may retort with the "chirp" was necessary because of your speed. However, you can make him admit that it is possible to brake at a rate that your tires will "chirp" even if you are driving a safe and reasonable speed. Furthermore, had the officer charged you with an offense having to do with your rate of braking, then your defense may be different, but he cannot show a cause and effect relationship between your "chirp" and "unreasonable speed".

    Now, with all that said... I'd bet anything the cop won't show up to court. I'm sure he'd be way too embarrassed to testify about that stupid ticket.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: How To Fight Unsafe Speed Ticket (22350) In Los Angeles County, CA?

    Quote Quoting SoCalAE86driver
    View Post
    - Location of violation = "E/B _____ PT _____ - STOPPING"
    What does this mean? Did he actually put blanks on the ticket?

  4. #4
    Join Date
    Jan 2008
    Posts
    23

    Default Re: How To Fight Unsafe Speed Ticket (22350) In Los Angeles County, CA?

    Just tell the judge that your car has no ANTI LOCK braking systems so panic or emergency stops make the tires chirp regardless of the speed of the vehicle at the exact moment.

  5. #5

    Default Re: How To Fight Unsafe Speed Ticket (22350) In Los Angeles County, CA?

    Thanks for all the help!!

  6. #6

    Default Re: How To Fight Unsafe Speed Ticket (22350) In Los Angeles County, CA?

    Quote Quoting EWYLTJ
    View Post
    What does this mean? Did he actually put blanks on the ticket?
    He wrote the names of the streets where the blanks are. Sorry for the confusion

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