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  1. #1
    Join Date
    Dec 2008
    Location
    Southern California
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    1

    Default Traffic Court, Friday 12/5, VC 22350 - Advice Appreciated

    My question involves a speeding ticket from the State of: California

    This Friday, 12/5, I will be in traffic court in California to defend myself against a citation for Vehicle Code 22350. Having read so much about this code and related codes, I'm a bit confused and appreciate any guidance that you can give me.

    The Circumstances:
    A few weeks ago, at about 9:30am, I was driving, as part of my route to work, on a street in a residential area. Posted speed limit was 25. There was a crossing with a sign saying to stop for children in the crosswalk. There is a school on the far west end of this block, about 1/2 mile away from where I was driving parallel on the far east end of the block. School was in session; no children were present. The road was wide, the weather was clear, visibility was good, there was very little traffic, perhaps a few cars on a mile long stretch of road (none in front of me or behind me for long stretches), no pedestrians in sight.

    A uniformed police officer, radar (or laser?) gun in hand, stepped out from behind a parked car, and motioned for me to pull over. His motorcycle was parked, hidden from my view (obviously!) behind the parked car.

    He told me that he pulled me over for driving 41 mph, as the speed limit was 25mph and this was a residential area. He handed me the ticket and that was it.

    The only VC on the ticket is 22350, named as Basic Speed Law, no comments, no indication that radar/laser was used, but my alleged speed, and the speed limit, were posted in the appropriate boxes. All other information - name, location, etc. - were listed and correct.

    Aside from this citation, I have a clean record.

    My Defense:
    My defense will follow the line of questioning, linked here many times to another site, that will lead (hopefully) to the officer admitting that my speed was a danger to no one.

    If the use of radar/laser is mentioned, then I'm going to request documentation regarding calibration, training, and so on.

    Tips, ideas, warnings, welcomed.

    Questions:
    1) Speed Trap: Was what the officer was doing considered a speed trap?

    2) If yes, then was it legal or illegal, considering that I was in a posted 25mph zone in a residential area, and can you give me the appropriate code to refer to?

    3) Considering the circumstances, is it viable for me to ask for a traffic survey?

    4) Do I have the right to ask for documentation, i.e., radar/laser printout and maintenance and calibration records, officer training records at the court? If so, and if these documents are not provided, does it help my case?

    5) Is questioning truly one-way between the officer and myself, with my being able to ask him questions, but with him not being able to ask me questions?

    6) How can the officer be completely sure that it was my vehicle he clocked, and not a vehicle that passed me?

    7) If I am found guilty, do I still have the right to (or to ask for) traffic school?

    I do not believe that I was traveling at 41mph and so I am willing to fight this. Advice appreciated.

    --J.

  2. #2

    Default Re: Traffic Court, Friday 12/5, VC 22350 - Advice Appreciated

    If the officer is not there ask for a dismissal, otherwise take traffic school.

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