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Speeding Ticket on I-680 North Bound (California) but County Office has NO Survey

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mehtviv

Junior Member
I got a speeding ticket on I-680 North Bound on my way from San Jose to San Ramon (California) under CVC 22349(a).

Apart from the reasons like that I was going down-hill, etc, other people in my and adjacent lane were really driving equally fast and it was a bright sunny & dry day. When I asked CA county office for Traffic Survey for that stretch, they said that the speed limit for that stretch was set according to the CVC and NOT according to any Engineering and Traffic Survey.

Is this really possible? I mean, my understanding based on my research so far is that they need to do a Traffic Survey to justify the speed limit at least every 5 years OR when a substantial change like Lanes being added / increase in traffic volume, etc.

Do I really have any chance here to defend my case? Would appreciate any help / advice.
 


Zigner

Senior Member, Non-Attorney
Yep, it's possible. What is the speed limit for that stretch of freeway? Also, were you paced or was the citation based on radar?
 

mehtviv

Junior Member
"
Yep, it's possible. What is the speed limit for that stretch of freeway? Also, were you paced or was the citation based on radar?
"

Speed limit was 65 and I was paced but I was following the overall speed of traffic.
 

Zigner

Senior Member, Non-Attorney
""

Speed limit was 65 and I was paced but I was following the overall speed of traffic.
At the speed limit of 65, a traffic study likely isn't required, but it doesn't matter since you were paced.

ETA: The whole "following the overall speed of traffic" argument is hogwash.
 

Zigner

Senior Member, Non-Attorney
So is there any way I can defend my case?
You may wish to consider hiring a local traffic attorney. Beyond that, well, I suppose "the big one" could hit, wreaking general havoc and causing all of the records of your ticket to disappear...I mean, stranger things have happened.
 

mehtviv

Junior Member
You may wish to consider hiring a local traffic attorney. Beyond that, well, I suppose "the big one" could hit, wreaking general havoc and causing all of the records of your ticket to disappear...I mean, stranger things have happened.
Ok. So that's it? I mean anyone who gets a ticket under 22349(a) on a highway gets to hire an attorney or depend on luck :)? Do you think of any Laws / points I can use in my defense? Any point that I can use to support my situation I was in at that time in the middle of speeding traffic, etc?

Would really appreciate if I can get anything from you based on your experience?
 

Zigner

Senior Member, Non-Attorney
Ok. So that's it? I mean anyone who gets a ticket under 22349(a) on a highway gets to hire an attorney or depend on luck :)? Do you think of any Laws / points I can use in my defense? Any point that I can use to support my situation I was in at that time in the middle of speeding traffic, etc?

Would really appreciate if I can get anything from you based on your experience?
What defense do YOU think you may have? The officer drove along at the same speed as you and looked at his (ETA: or her) speedometer (that's what pacing is.) You may be able to go to traffic school which would keep the points off your license. Speak to a local traffic attorney.
 
Ok. So that's it? I mean anyone who gets a ticket under 22349(a) on a highway gets to hire an attorney or depend on luck :)? Do you think of any Laws / points I can use in my defense? Any point that I can use to support my situation I was in at that time in the middle of speeding traffic, etc?

Would really appreciate if I can get anything from you based on your experience?
Think of it as your contribution towards the greater good. Think of all the mothers and fathers who made it home safely because they slowed down to see who got pinched. You may have saved countless lives,
Starting with your own.
Traffic school is your best shot I'd go for it providing you have a good driving record...
Good luck.

..___________________
~ Experience is what you get when you didn’t get what you wanted. ~ Pausch
 

Just Blue

Senior Member
I got a speeding ticket on I-680 North Bound on my way from San Jose to San Ramon (California) under CVC 22349(a).

Apart from the reasons like that I was going down-hill, etc, other people in my and adjacent lane were really driving equally fast and it was a bright sunny & dry day. When I asked CA county office for Traffic Survey for that stretch, they said that the speed limit for that stretch was set according to the CVC and NOT according to any Engineering and Traffic Survey.

Is this really possible? I mean, my understanding based on my research so far is that they need to do a Traffic Survey to justify the speed limit at least every 5 years OR when a substantial change like Lanes being added / increase in traffic volume, etc.

Do I really have any chance here to defend my case? Would appreciate any help / advice.
How fast were you going? :confused:
 

mehtviv

Junior Member
Think of it as your contribution towards the greater good. Think of all the mothers and fathers who made it home safely because they slowed down to see who got pinched. You may have saved countless lives,
Starting with your own.
Traffic school is your best shot I'd go for it providing you have a good driving record...
Good luck.

..___________________
~ Experience is what you get when you didn’t get what you wanted. ~ Pausch
Well, if I saved peoples lives, they should then help me pay off this ticket, starting with you for giving such a noble suggestion :)...
 

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