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  1. #1

    Default Ticketed for Speeding at the End of a Downhill Slope

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

    Hi all,
    I received a speeding ticket in December 2009 in Sunnyvale, CA. I heard that cops have a quota that they have to fill each year, so they tend to write tickets more often at the end of the year. Is that correct? Anyways, when I was going on central expressway, which had some slope downwards, I was caught in radar at 68mph in 50mph zone. It felt like a trap to me, going downhill and a cop waiting at the end. Officer noted down weather was clear, road was dry traffic is moderate. I believe that I was not endangering safety of anyone or any property, since there was none near or close to me. I already went to traffic school 4 months ago. What should I do? I learned that there is an advanced traffic school, but if I do so, the fact that I attended that school will be visible insurance companies. So my premium will go higher anyway. Maybe I should try fighting this ticket since there is nothing much to lose. What do you recommend? What's my chance of winning at the court?

    Thank you all in advance for your replies!

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

    Default Re: Can I Fight for This Ticket (68 in 50 Zone)

    Quote Quoting stochastic21
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    My question involves a speeding ticket from the State of California.

    Hi all,
    I received a speeding ticket in December 2009 in Sunnyvale, CA. I heard that cops have a quota that they have to fill each year, so they tend to write tickets more often at the end of the year. Is that correct? Anyways, when I was going on central expressway, which had some slope downwards, I was caught in radar at 68mph in 50mph zone. It felt like a trap to me, going downhill and a cop waiting at the end. Officer noted down weather was clear, road was dry traffic is moderate. I believe that I was not endangering safety of anyone or any property, since there was none near or close to me. I already went to traffic school 4 months ago. What should I do? I learned that there is an advanced traffic school, but if I do so, the fact that I attended that school will be visible insurance companies. So my premium will go higher anyway. Maybe I should try fighting this ticket since there is nothing much to lose. What do you recommend? What's my chance of winning at the court?

    Thank you all in advance for your replies!
    What was the section of the vehicle code you were cited for?

    Was the expressway a 4+ lane highway?

    Did the officer use radar to determine your speed?

    If the answer to all these question is "yes", then you should call your local CALTRANS district, speak to the traffic engineer and get a copy of the speed survey and any memo to the district director that may justify a downgrading of the speed limit. You may have a good speed trap defense.

  3. #3

    Default Re: Can I Fight for This Ticket (68 in 50 Zone)

    I was cited for 22350 cvc.
    The expressway was 2 lane for both directions.
    And yes, officer used a radar.

    Why is the number of lanes important?

  4. #4

    Default Re: Can I Fight for This Ticket (68 in 50 Zone)

    Hi all,

    I have one more question. Did anybody requested speed survey documents from Caltrans district 4? I have done an online request and called them to ask when they will send it. They told me that it will be 8-10 days. I don't understand how it takes 10 days to make a copy of few papers! Did anyone had any experience with district 4 caltrans? I'll be glad if you can share.

    Thanks!

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can I Fight for This Ticket (68 in 50 Zone)

    Another defense, and it may be an affimative one, is that the speed limit sign was not properly posted. If on a highway, the bottom is the sign is required to be 7 feet from the pavement height. If not, then the sign is not a mandatory sign. You will need proof of this or testimony (cross exam of officer) as it may be an affirmative defense...if you cannot find any court opinions on this point, assume its an affimative defense. I have used this one several occasions and it has about a 75% success rate (the other 25% or losses were due to the judge refusing to allow photos or video of the signage, and I won after a 2nd re-hearing). You'll need to look at the sign, its height, and how far it is from the pavement. The manual of uniform traffic from the feds lists the requirements...and you state likely has similar regulations regarding signage.

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