sashir said:
What is the name of your state? CA
I was cited for, according to the offcer who stopped me, driving at 51 mph in a 35 mph zone. This is what it is stated as on my citation.
But, actually, the speed limit at the address on my citation is 45 mph. But, there is a sign that says "35 zone ahead" a little ahead of the intersection the officer said he clocked me. I had not yet gone into the 35 mph zone.
The speed limit would be 35, only after I crossed over into the 35 mph zone right? And not right after the "35 zone ahead" sign?
So, would it be best to contest this citation on the grounds that I was in fact in a 45 mph zone, and not in a 35?
Yes you can contest this, take pictures that show where the different singage and markings are, what the road contitions were, also ask for the traffic survey for that section of road, you are allowed to be within a certain percentage of the average speed, the survey should be current within a certain date, so it is very possible to get it dismissed if 6mph put you within the allowable range of the speed survey or at least make a lesser degree <10mph over. You may need to ask for this ahead of time.
Here are some of the VC references to it, I couldn't find the one with the allowance,
22357. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that a speed greater than 25 miles
per hour would facilitate the orderly movement of vehicular traffic
and would be reasonable and safe upon any street other than a state
highway otherwise subject to a prima facie limit of 25 miles per
hour, the local authority may by ordinance determine and declare a
prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per
hour or a maximum speed limit of 65 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe. The declared prima facie or maximum
speed limit shall be effective when appropriate signs giving notice
thereof are erected upon the street and shall not thereafter be
revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit
which is applicable when passing a school building or the grounds
thereof or when passing a senior center or other facility primarily
used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
22357.1. Notwithstanding Section 22357, a local authority may, by
ordinance or resolution, set a prima facie speed limit of 25 miles
per hour on any street, other than a state highway, adjacent to any
children's playground in a public park but only during particular
hours or days when children are expected to use the facilities. The
25 mile per hour speed limit shall be effective when signs giving
notice of the speed limit are posted.
22358. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that the limit of 65 miles per hour
is more than is reasonable or safe upon any portion of any street
other than a state highway where the limit of 65 miles per hour is
applicable, the local authority may by ordinance determine and
declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or
25 miles per hour, whichever is found most appropriate to facilitate
the orderly movement of traffic and is reasonable and safe, which
declared prima facie limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
