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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default California Unsafe Speed Traffic Ticket

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

    I think this one is a sure win on my part, but just in case, I want some opinion from you guys, figure some of you might have alot more traffic experience than I do. The code is VC - 22350 (Unsafe Speed), an infraction. The thing about this ticket is that the cop did not write down the speed section, Including Speed Approx., P.F./Max.Spd, Vehichle Limit, Safe Speed, and all he said was he pace me and saw me going around 60 on a 45MPH zone.

    My defense is: Without any written fact of how fast I was going, and/or the speed limit or his speed, he can't really back up any of his accusasion that I was at an Unsafe Speed, and the fact that this ticket is over 3 months ago, and in a days' work, there are endless amount of traffic violation being made, if it is not written, how can I be sure the officer is remembering the correct speed I was going to say that I am at an unsafe speed. That's pretty much my defense, please feel free to give me some input on this.

    Thanks ahead

    Vincent.

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

    Default Re: California Unsafe Speed Traffic Ticket

    This is interesting, but maybe not why you think. You don't have to exceed the speed limit to violate VC22350. That section says that you were driving at a speed that endangered persons or property. However, if you were exceeding the speed limit, it is assumed that you were violating 22350 unless you can show that no persons or property was endangered (VC22351). So, without the cop documenting the speed and speed limit on the ticket, you should assume that 22351 does not come into play. If the cop tries to state speed limit and your speed in court, you should object as that is not documented on the ticket and therefore this changes the defense you would have had to prepare. So, that information should be excluded.

    This is one of these cases where you will be right as per the law, but you'll likely get a court that just ignores the law.

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