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Speed Trap Valid Period and Speeding Violation

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latarou

Junior Member
What is the name of your state (only U.S. law)? CA

I was caught and ticketed by a motorcycle police officer, who used a rador, for speeding on a surface street in a small city in CA. He alleged that I was doing 40 mph in a 30 mph zone.

I called the city and obtained a result of traffice survey conducted by the city on 6/24, 2005, which was more than 5 years ago.

Questions:
1. Can I have the judge dismiss the ticket as the traffice survey was done more that 5 years ago, which, I think, is required by law to be done every 5years?

2. Isn't the city supposed to increase the speed limit if 85% of the sampled vehicles are doing more than posted speed limit?

3. City's traffice engineering manger said that traffic survey can be extended to 7 years with certain criteria.
What are the criteria if so?
Does this qualify the police to claim that the ticket is still valid?

4. By using Freedom Act can I ask the police department to provide me with the evidence of calibration of the radar, which is supposed to be done every 3 years?

5. Can I request the police department to provide me with the proof of 24 hours training and possession of FAA license, which are supposed to qualify the police officer to use the radar by the Freedom Act?
 


FlyingRon

Senior Member
It must have been completed within 5 years of the date of violation. However the speed trap doesn't apply to a "local street, road, school zone." You must also be charged with violating the prima facie posted speed (i.e., not a violation of the maximum speed law). I don't know anything about 7 years. The speed assessment you mention is part of the survey.
 

TicketKick

Junior Member
Speeding ticket

Hi Latarou,

Have you considered doing trial by written declaration? I don't know if you are planning on scheduling a court trial or going the written declaration route, but a written declaration provides you the opportunity to write a very drawn out, comprehensive defense. The officer must submit a statement as well, but the form the officer uses is very basic and does not provide the opportunity for a really open ended statement. You can include these valid arguments in your written statement, and request that the officer provide proof of these points, or else the case be dismissed.
 
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I_Got_Banned

Senior Member
2. Isn't the city supposed to increase the speed limit if 85% of the sampled vehicles are doing more than posted speed limit?
What is the 85th percentile speed as noted in the survey?
Also, the survey should have some sort of conclusion or statement indicating what the posted limit should be and if it is lower than the 85th percentile, then those reasons must be indicated on the survey... So what does it say in that regard?

To answer your question, there is nothing that would allow for an increase in the posted limit from the 85th percentile speed. Though there are several conditions with which they can justify a 5mph reduction from the 85th percentile speed... Those conditions are listed under VC 627 which you can read here: V C Section 627 Engineering and Traffic Survey

3. City's traffice engineering manger said that traffic survey can be extended to 7 years with certain criteria.
What are the criteria if so?
See VC 40802 here: V C Section 40802 Speed Traps
It gets confusing but it boils down to the officer having to meet the conditions under 40802(c), meaning:

40802(c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
(C)
(i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406.​
(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.​

More often than not, the officer will meet all the above listed criteria regardless of whether the survey is over or under 5 years.

Judging by some of the questions you're asking and some of the terminology you've used, it sounds to me like you're in over your head... You can post a link to a copy of the survey here so we can review it and advise you further, or you might be better off hiring an attorney to handle the matter on your behalf (although an attorney will likely cost you multiples of the fine amount on the ticket, so you maybe better off paying the fine and attending traffic school).

Whatever you do decide, DO NOT hire any of those online services that claim they can guarantee you a dismissal of your ticket or your money back (I'm guessing you have either received a PM from one or is bound to receive one soon).
 

latarou

Junior Member
Traffic Survey

Thanks for your advice.
85% is 35 mph. The survey recommends that Prima Facie speed is 30 mph.

(I wish I could attach a copy of the traffice survey but there is no such function with this site.)
 

Jim_bo

Member
Thanks for your advice.
85% is 35 mph. The survey recommends that Prima Facie speed is 30 mph.

(I wish I could attach a copy of the traffice survey but there is no such function with this site.)
There has to be a narrative section of the survey that provides the justification as to why the limit is being reduced from 35 to 30. What does it say?
 

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