Has anyone fought a California speeding ticket VC 22350?
ByQuestion by Ratchy: Has anyone fought a California speeding ticket VC 22350?
Okay, I already know many of you are tempted to write, “you did the crime, now pay the fine and take traffic school” or something similar, however, what I want to know is if anyone has personally fought a VC 22350 speeding ticket and, if you would be so kind, provide some facts you presented and the final verdict in the case.
Obviously, I received a speeding ticket and would be curious to know my chances if I challenged it. There is a lot of information, and I’m sure misinformation on the web, so I’m looking for real world experiences.
Some further information for reference.
VC 22350 states:
No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
My personal facts are this:
This is my first traffic violation in 18 years and my first ever in California.
I was clocked via Laser by a City Police officer doing 64 MPH in a 45 MPH zone.
The road was a 4 lane, straight, tree lined stretch of road (not freeway and not a local road).
The nearest car to me was approx. a half mile in front of me, traffic was light (although officer marked “medium”).
I did not pass any vehicles.
There were no pedestrians present and no walkway on either side of the road.
The weather was clear, the street was dry, it was daylight and visibility was well over a mile.
I have not yet requested an Engineering and Traffic Survey, but likely will.
Thanks, in advance for any info you share.
@Bruce: I am not attempting to justify anything, I am simply stating the facts as they relate to the case, be they relevant and admissible or not.
@
The main reason I asked this question was because I am looking for “real world” stories of people who have personally fought this not using the speed trap defense.
Assuming the posted limits are within legal tolerance levels then they are assumed to be the safe speed, so does that mean, as “Bruce” infers, that simply traveling faster than the posted speed limit is the end of story?
As a side note, I do think the officer purposely marked the flow of traffic as Medium to make defense of the citation easier, but
@John S: Thanks for responding, but VC 22349 states that the 55 MPH limit only applies to “two-lane, undivided highways…with not more than one through lane of travel in each direction,” however this was a four-lane undivided highway with two through lanes of travel in both directions that are not passing lanes.
Based on that, I can not be charged under 22349.
Best answer:
Answer by Bruce
Nothing you said is a valid defense. It seems you are trying to justify your actions, and not defend them. Of all the personal facts you listed, they will only be interested in one: the posted 45 limit.
What do you think? Answer below!
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2 Comments
June 21st, 2011 at 9:47 am
The answer is yes, people are sucessful at fighting this charge all of the time.
Actually, you do have a potential defense, despite what the person who claims to be “law enforcement since 1991″ says. As you quoted, in California, off the freeway, there is a basic speed law which states that the posted speed limit is the rebuttable presumption of what is safe. Given the circumstances you describe, there is a potential for beating the ticket. The concern is that the officer marked traffic at “medium.” The court is going to take his word. Also, your speed at 19 over is pretty high. As I said, you have a potential defense but its not necessarily a very good one.
Just to be clear, the statewide fine called for on this offense is $345 including all penalty assessments plus another $50 fee for traffic school plus about $30 for tuition. Paying those amounts and attending traffic school will dismiss the charges and keep it from your record. Your insurance wouldn’t increase.
If you do want to fight it, your chances are not guaranteed and it will require a good deal of work. You don’t want to go to court right away. You’ll plead not guilty by mail and do a Trial by Declaration first.
Follow the step by step guide here: http://www.helpigotaticket.com/tut/index.html Don’t pay for a site, that one is free.
Also look at David Brown’s “Fight Your Ticket and Win in California” http://goo.gl/J4Tll
June 21st, 2011 at 9:54 am
California’s “basic speed law” says that you must drive at a speed which is reasonable and prudent for the circumstances, and that the posted speed limit is a rebuttable presumption that a speed in excess of that is not reasonable and prudent. IF you could prove that your speed was reasonable and prudent (unlikely), then you would be found not guilty. Of course, if they fail to produce a traffic survey, they would not be able to use radar to prove a violation of the basic speed law.
Your problem as I see it is that you were not only in violation of the basic speed law, but of the maximum speed law. (Veh C 22349.) Since this was not a freeway, the maximum speed would have been 55. There is no defense of the speed being reasonable and prudent when it is in excess of the maximum speed, nor does the “speed trap” law apply to such offenses. It is thus likely that your defense to the 22350 charge, if successful, would result only in a conviction of violating 22349.
ADD: You are correct, I had missed the part of your question stating that this was a 4-lane road, so the max speed limit would be 65, not 55. So gets best answer . . . again.