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  1. #1
    Join Date
    Dec 2008
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    Question Fighting Two 22350 Tickets That Officer Said Where (Just) Speeding Tickets

    My question involves a speeding ticket from the State of California, in Spring Valley, an unincorporated city of San Diego.

    I have recently had the misfortune of receiving two 22350 citations from CHP roughly a month apart in literally exactly the same circumstances and/or place other then the 1st on being a 44 in 25 MPH and the 2nd being 40 in a 25 MPH zone. (Now granted I was obviously just too stupid too have learned my lesson the first time or at least watch out for them there, but I simply can't afford for my insurance rates to raise.)

    My first instinct is to address the fact that I was never even informed that I was actually being cited with "Unsafe Speed" which involves endangering the public or property. Both times all the officer said was I am giving you a speeding ticket for driving 44/40 in a 25MPH zone, please sign here blah blah blah. So what is my best recourse for attempting to refute these charges!?!

    Based on my readings of other Forums, I would also like to provide (those who are interested) with additional information in an effort to aid any (MUCH APPRECIATED) responders.

    Both violations occurred during the day, in clear, conditions, no rain, fog, or even clouds! This is a residential area but there where no children or pedestrians present, and although there is a school nearby, I was heading in the opposite direction of it, was NOT in the school zone, and school wasn't even in session for one of them. Furthermore this street does have a somewhat significant incline as you approach the light but then levels off entirely at the light, SO you can see perfectly all the way up the street and even onto the cross street. The officer had his patrol car parked completely out of view on the only couldesac on that portion of the street. While he was standing in the middle of the west bound lane with his radar gun out and pointing at oncoming traffic. The 1st ticket I was the second car in a close group of five, and the only one to be waived over, the 2nd ticket I was literally the only vehicle on the street at that time.

    ANY AND ALL HELP OR INPUT WOULD BE GREATLY APPRECIATED!!!!

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Fighting Two 22350 Tickets That Officer Said Where (Just) Speeding Tickets

    What is your legal question?

  3. #3
    Join Date
    Dec 2008
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    Question Re: Fighting Two 22350 Tickets That Officer Said Where (Just) Speeding Tickets

    Quote Quoting jhayes106
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    So what is my best recourse for attempting to refute these charges!?!
    I apologize for not writing the question, and for that matter, the forum more clearly. But this is my first time posting. "I'm new" ha ha. (So I mistakenly thought that posting through a link from another question about defenses for 22350 violations would group them together, and so I didn't want to be redundant.

    But thank you for responding despite my ineptness and again I sincerely appreciate any information that you can provide me that might aide in my defense.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Fighting Two 22350 Tickets That Officer Said Where (Just) Speeding Tickets

    Exceeding the posted speed limit is generally considered a prima facie unsafe speed. That throws the burden of proof upon YOU to show that the the speed you traveled WAS safe for the conditions.

    There are other ways to try and combat a speed offense and if you search back in these forums you will find numerous such discussions.

    - Carl

  5. #5
    Join Date
    Feb 2008
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    1,622

    Default Re: Fighting Two 22350 Tickets That Officer Said Where (Just) Speeding Tickets

    Carl is right... see VC22351. Also, you were advised that you were being ticketed with an unsafe speed violation if the officer wrote VC22350.

    This may be a good speed trap defense. Your weak point may be that the road you are on is considered a "local road".

    40802(b) (1) For purposes of this section, a local street or road is
    defined by the latest functional usage and federal-aid system maps
    submitted to the federal Highway Administration, except that when
    these maps have not been submitted, or when the street or road is not
    shown on the maps, a "local street or road" means a street or road
    that primarily provides access to abutting residential property and
    meets the following three conditions:
    (A) Roadway width of not more than 40 feet.
    (B) Not more than one-half of a mile of uninterrupted length.
    Interruptions shall include official traffic control signals as
    defined in Section 445.
    (C) Not more than one traffic lane in each direction.
    Now, keep in mind that if the road fails one of the three tests above, then it must be defined in the federal map. Also, either way, it is the burden of the prosecution to show that it is a local road and/or that a speed trap did not exist:

    40803(b) In any prosecution under this code of a charge involving the
    speed of a vehicle, where enforcement involves the use of radar or
    other electronic devices which measure the speed of moving objects,
    the prosecution shall establish, as part of its prima facie case,
    that the evidence or testimony presented is not based upon a
    speedtrap as defined in paragraph (2) of subdivision (a) of Section
    40802.
    If you didn't want to put any more effort into it than that, I'd bet that the officer would be ill prepared based on those requirements, which should result in a dismissal. However, you should get a copy of the speed survey (if one exists) for your own edification. It's best to know the answers before asking the question. Just don't bring YOUR speed survey to use as evidence. That is the obligation of the prosecution.

    So, you should get a copy of the speed survey and come back here with the results. Also, based on the criteria above, make your own determination of whethere the road is a local road or not.

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