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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default No Posted Speed Limit 22349a in California

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

    I was cited for 83mph in a 65mph zone on the 215S in Riverside County. I received a 22349A VC-1. I believe these are my following arguments for a TBWD:

    1. There is no posted limit on this stretch of the highway where I happen to get on. But yet on the opposite side of the freeway there are numerous posted speed signs in the same stretch of highway going north bound. Sounds like they know this and are purposely staking out this area of highway?
    2. The officer was hidden on the apex of a corner under a bridge, and was already on his motorcycle when I passed by.
    3. I was amongst a number of other vehicles at the time given that this was 7:54am on a weekday.
    4. What should I request to ensure that both the officer and lidar or Radar where current and up to spec???
    5. What about the recent traffic survey argument?
    6. And should I ask for all of the above when submitting my TBWD?

    My question is do I fight it with a TBWD and use the non-posted limit as my argument along with the other arguments above?

    Any advice would be appreciated and FYI this is my FIRST traffic citation!

    Thansks,

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: No Posted Speed Limit 22349a in California

    Quote Quoting mrgroov
    View Post
    1. There is no posted limit on this stretch of the highway where I happen to get on. But yet on the opposite side of the freeway there are numerous posted speed signs in the same stretch of highway going north bound. Sounds like they know this and are purposely staking out this area of highway?
    The speed limit on the freeway is known to be 65mph… But if you’re still going to argue that there was no posted limit, then how can you justify the 83mph alleged speed you were clocked at?

    Quote Quoting mrgroov
    View Post
    2. The officer was hidden on the apex of a corner under a bridge, and was already on his motorcycle when I passed by.
    Not sure how or why that would be an argument in your favor. Wanna elaborate?

    Quote Quoting mrgroov
    View Post
    3. I was amongst a number of other vehicles at the time given that this was 7:54am on a weekday.
    Pretty typical on a Southern California freeway… How does that suggest his estimate was erroneous?

    Quote Quoting mrgroov
    View Post
    4. What should I request to ensure that both the officer and lidar or Radar where current and up to spec???
    You can request calibration certificate for whatever device he used… Search for “Informal Discovery Request” and you’re sure to find plenty of information.

    Quote Quoting mrgroov
    View Post
    5. What about the recent traffic survey argument?
    You can request that as well, just keep in mind that 65mph is a statutory limit on a highway/freeway, so it may not need a speed survey to justify it.

    Quote Quoting mrgroov
    View Post
    6. And should I ask for all of the above when submitting my TBWD?
    Oh no… You wanna send in your request for Discovery prior to filing your TBWD, any arguments that you can make as a result of your receiving the discovery items should be mentioned in your TBWD. A TBWD is like your trial, so you want to make any and all arguments in your declaration.

    Send in your request for discovery, and when you receive the material you requested post the details here… You’ll get some more insight and/or ideas.

    When were you cited and when are you required to appear (date shown on your citation/above your signature)?

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: No Posted Speed Limit 22349a in California

    The spacing of speed limit signs in CA is somewhat dependent upon what kind of road you were on. Although signs are required at the beginning of a segment (where the speed limit changes), on a convention highway with a 65 MPH speed limit, the CA MUTCD suggests a sign at the every 5 to 10 miles and "and after locations where significant volumes of traffic enter the segment." On freeways, the CA MUTCD suggests a sign every 25 miles. Optionally, the 25 mile "interval may be modified to include locations following entrance ramps". Note that this spacing is NOT a requirement, it is listed under "guidance", not "standard", and the on-ramps are totally optional. The only "standard" is the beginning of a segment.

    Barry

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