Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2009
    Posts
    3

    Default Unsafe Speed, VC 22350

    San Jose, California.

    On a surface street I made a legal left turn and then merged into the left lane (2 lanes). The street then merges into one lane and to avoid contact with the vehicle to my right (merging lane) I accelerated to fill the void in front of the vehicle to my right but never exceeded the speed limit. I was doing 30 in a 35 zone. Yes the maneuver was a little quick but I felt necessary.

    there are no comments on my computer printed ticket other than I was sited for the code with (same or below speed limit) noted.

    I have 0 points on my license and I'd like to keep it this way, any and all help appreciated!

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

    Default Re: Unsafe Speed Vc-22350

    Here is a couple pertinent questions:

    1. Did the officer obtain your speed via radar or lidar?

    If yes, then the speed trap laws are in play and your speed could become irrelevant.

    2. What did he put as your estimated speed?

    If he put 30 in a 35, then it changes the burden. 22350 only says that your speed caused a danger to persons or property. If he shows that you exceeded the speed limit, then it is assumed that you did endanger persons or property and it is your burden to show by competent authority that your speed did not create such a danger. However, if you were driving under the speed limit, the prosecution has the burden to prove that your speed did cause a danger. There is no presumption. So, his burden is much higher and more difficult to overcome.

    Can you scan the ticket and post it here?

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Unsafe Speed Vc-22350

    It reads 30 in a 35. safe is 35...the ticketing officer stated he felt my manuever was unsafe...I respectfully contest.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Unsafe Speed Vc-22350

    Sounds like your cop is going to have a very hard time proving his case. A 22350 charge says that your SPEED was a danger... not your manuvering. If he would have charged you with improper lane change or something of the sort, you may have had a more difficult time. But, I don't see how he can get a 22350 conviction out of this. He even stated on the ticket that the "safe" speed was 5mph greater than your speed.

    This should be really easy.

  5. #5
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Unsafe Speed Vc-22350

    Stranger things have happened but I'm hoping for the best. Thank you for affirming what I was thinking.

    -Wyatt

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Unsafe Speed for Conditions, VC 22350
    By tremoulinas in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 02-05-2011, 04:23 PM
  2. Speeding Tickets: Unsafe Speed, CVC 22350 Going 25mph
    By fast360 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-13-2010, 04:12 PM
  3. Speeding Tickets: CVC 22350, Unsafe Speed for Conditions
    By profstrange in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-25-2009, 12:37 PM
  4. Speeding Tickets: 22350 VC - Unsafe Speed Ticket
    By TYT in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 04-03-2008, 04:46 PM
  5. Speeding Tickets: CVC 22350 Unsafe Speed (Wheelie)
    By rdjohnson55 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 03-27-2008, 07:03 AM
 
 
Sponsored Links

Legal Help, Information and Resources