Is it lawful for a police officer to radar you while parked on private property. Example, parked in a residential driveway.[/b]
Is it lawful for a police officer to radar you while parked on private property. Example, parked in a residential driveway.[/b]
You mean, the police car is on private property? Yes.
It is lawful until the owner of the property requests the officer leave the scene, unless there is a good reason for the officer to be there (setting up to RADAR someone isn't).
If you can prove that the officer was told earlier to leave the driveway, and then got you, you probably could get a ticket dismissed on those grounds.
That wouldn't affect the validity of a ticket. The person the officer tickets has no "standing" to object to a violation of the property owner's rights.
Kinda. It is also the section used when exceeding the posted or prima facie speed limit. So you would need to challenge the validity of the survey, the officer's equipment or training, or some other aspect of the reading, identification, or stop.Quoting mugarmuch
By exceeding the posted speed, you exceeded the poted, or, prima facie safe speed. To show that 50 MPH was a safe speed you might also have to show that the speed limit was unlawfully set too low.so let's say he provides the survey still acording to my ticket i was 50+ on max 35 by radar on clear, light traffic, dry street, and day light, so can you tell what evidence can a police officer provide that my speed was not safe,
If the survey is presented and is valid, then what?i am not even argue the validity of radar, just wanted to know first when he stoped me he was on the oncoming traffic obstructing them and secondly more detils of section vc22350
Have you considered traffic school?
- Carl
Well there is no posted speed limit sign on that patch of the road, so i think prima facia will not apply. Can you also advise how do i get the engineering survey document and how to file a motion for discovery so that i could see the notes that the officer made on his report. To me i think burden of proof is on the police officer to prove on all factors of vc22350, so i still don't understand what proff usually they bring that speed was not safe.Quoting cdwjava
Actually, it might. It depends on the street and where it is posted. if it is not 25 MPH, it is posted somewhere - ajnd it doesn't HAVE to be posted every block.Quoting mugarmuch
Check with your local court or search the various ticket fighting books for the proper format a Discovery motion should take.Can you also advise how do i get the engineering survey document and how to file a motion for discovery so that i could see the notes that the officer made on his report.
It is not required that he prove the speed was unsafe, only that you exceeded a lawfully posted limit which is considered under the CVC to be the prima facie safe speed.To me i think burden of proof is on the police officer to prove on all factors of vc22350, so i still don't understand what proff usually they bring that speed was not safe.
The speed survey SHOULD be introduced at trial and the officer will assert the posted limit, and then the officer will present his testimony on his visual estimation of your speed confirmed by the radar. Once those two factors are complete, he has shown that you have exceeded the posted limit in violation of CVC 22350 ... unless you can successfully challenge his observations and confirmation through lack of training or improper maintenance on the device (or a lack of a current speed survey).
- Carl
PM me your email and I can send you an MS Word document for an Informal Discovery.
cdwjava is correct though. You need to challenge the survey or the critical speed mentioned on the survey.
You can obtain a copy of the survey by contacting the county office that has jurisdiction of that road. They will be able to direct you.
The critical speed on the survey will be set at X MPH (X being some number). Legally, they can reduce X to the nearest 5 MPH increment with no justification. Any further reduction beyond 5 MPH needs justification. If no justification is present on the speed survey copy that you requested on your Informal Discovery, you have a chance.