The Officer got the speeding limit wrong.

[cuelguy]

What is the name of your state (only U.S. law)? California

Hi guys, new to the forums, but in desperate need of help.

I had arraignment today for a speeding ticket I received a couple of weeks back. I was accused of driving 57 mph in a 30 mph zone. But something to me did not seem right. I have re-visited the scene of which I was pulled over and figured out that the real speed limit is 35 mph and not 30. The Officer got this completely wrong and as a result I pleaded not guilty. I believe the ticket is false and invalid due to this mistake.

My question is how are my chances in court? Do you guys think I can beat this. Please give me any tips you have. I need to make a statement and need all the help I can receive. Good day to you all!

 

[I_Got_Banned]

What vehicle code section were you charged with?

 

[cuelguy]

What vehicle code section were you charged with?

Vehicle code section 22350

V.C. Section 22350 - Basic Speed Law

But weather did not come into play. It was a clear night.

 

[JIMinCA]

I don't think the 30 vs 35 thing is relevant. 22350 says you were driving at a speed that created a danger for persons or property.

But... there are a lot of good defenses available as 22350 is probably the easiest to beat of all speeding tickets. The first step would be to get a copy of the traffic speed survey for this particular section of road. You can call CALTRANS or your public works office... depending on the type of road it is. If the speed limit isn't justified, it is a speed trap. Also, do a search for 22350. Tons of good threads out there... no need to rehash them here. Do this and come back with specific questions.

 

[cuelguy]

I don't think the 30 vs 35 thing is relevant. 22350 says you were driving at a speed that created a danger for persons or property.

But... there are a lot of good defenses available as 22350 is probably the easiest to beat of all speeding tickets. The first step would be to get a copy of the traffic speed survey for this particular section of road. You can call CALTRANS or your public works office... depending on the type of road it is. If the speed limit isn't justified, it is a speed trap. Also, do a search for 22350. Tons of good threads out there... no need to rehash them here. Do this and come back with specific questions.

Okay thanks. I have been reading some stuff on forums and a lot of them mention things on speed surveys. Could you provide me more information on how that is important? Or what a speed trap is?

I think the officer pulled me over solely for breaking the speed limit. Which I doubt has to do with 22350. So I think he wrote down the wrong code. Not sure though.

 

[JIMinCA]

22350 is the right charge.

Read VC sections 40800 - 40805: CA Codes (veh:40800-40808)