leftcoast415
Junior Member
Hello,
Last night I was pulled over on the Bay Bridge where the posted speed limit is 50mph. The code/section on the ticket is 23336 which states:
23336. It is unlawful to violate any rules or regulations adopted under Section 23334, notice of which has been given either by a sign on a vehicular crossing or by publication as provided in Section 23335.
23335. The Department of Transportation shall cause to be published and made available to the public at the tollgates of each vehicular crossing copies of those traffic laws and rules and regulations particularly applicable thereto.
23334. The Department of Transportation may adopt rules and regulations not inconsistent with this chapter for the control of traffic on any vehicular crossing to aid and insure the safe and orderly flow of traffic, and shall, so far as practicable, notify the public of the rules and regulations by signs on the vehicular crossing.
It was 2:30am and there was very little traffic on the bridge. On the first half of the bridge the left lane was closed and there was a CHP officer in a car in that lane at the S curve on the bridge. I slowed down to 40mph on the S curve and accelerated slightly after the S curve on the decline of the bridge. The presence of the CHP made me very aware of the speed at which I was driving. About half way between the S curve and the end of the bridge, I noticed a patrol car with its lights on behind me. My immediate reaction was to look at my speedometer which showed my speed was 55mph. The officer asked me if I knew how fast I was going and I said between 50-60 MPH. She stated that I was going 70 MPH. I asked how my speed was calculated and she said that she paced me after the S curve during the decline as I was approaching traffic. I am sure I was driving below 60 MPH.
I would like to contest the violation by doing a Trial By Written Declaration. However, I do know that I was going slightly over the speed limit, so I'm not sure if this works because I'm not saying I didnt break the law, I'm saying that the officer was not accurate in her assessment of how much over the speed limit I was traveling. I am assuming that the fine for going 70mph is greater than the fine for going 55-60. Please correct me if I'm wrong.
Any advice on what I should do? Thank you for your time.
Last night I was pulled over on the Bay Bridge where the posted speed limit is 50mph. The code/section on the ticket is 23336 which states:
23336. It is unlawful to violate any rules or regulations adopted under Section 23334, notice of which has been given either by a sign on a vehicular crossing or by publication as provided in Section 23335.
23335. The Department of Transportation shall cause to be published and made available to the public at the tollgates of each vehicular crossing copies of those traffic laws and rules and regulations particularly applicable thereto.
23334. The Department of Transportation may adopt rules and regulations not inconsistent with this chapter for the control of traffic on any vehicular crossing to aid and insure the safe and orderly flow of traffic, and shall, so far as practicable, notify the public of the rules and regulations by signs on the vehicular crossing.
It was 2:30am and there was very little traffic on the bridge. On the first half of the bridge the left lane was closed and there was a CHP officer in a car in that lane at the S curve on the bridge. I slowed down to 40mph on the S curve and accelerated slightly after the S curve on the decline of the bridge. The presence of the CHP made me very aware of the speed at which I was driving. About half way between the S curve and the end of the bridge, I noticed a patrol car with its lights on behind me. My immediate reaction was to look at my speedometer which showed my speed was 55mph. The officer asked me if I knew how fast I was going and I said between 50-60 MPH. She stated that I was going 70 MPH. I asked how my speed was calculated and she said that she paced me after the S curve during the decline as I was approaching traffic. I am sure I was driving below 60 MPH.
I would like to contest the violation by doing a Trial By Written Declaration. However, I do know that I was going slightly over the speed limit, so I'm not sure if this works because I'm not saying I didnt break the law, I'm saying that the officer was not accurate in her assessment of how much over the speed limit I was traveling. I am assuming that the fine for going 70mph is greater than the fine for going 55-60. Please correct me if I'm wrong.
Any advice on what I should do? Thank you for your time.
