vc 22350 questions

[ratfacedboy]

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

Wondering if I should contest a VC 22350 based on what I have found.

Was lasered at 50mph in 35mph zone on August 11, 2009.

Requested traffic and engineering survey to check if current (last 5 years) and found that original survey done 7-12-99. An addendum was placed 7-12-06 stating that (I am paraphrasing) after an eval by a registered engineer that no sig changes have occurred in the roadway, its geometrics, traffic conditions, land use, bicycle lanes, etc, that would require a resurvey for speed limit purposes therefore the speed limit will be kept at 35mph for an additional 3 years expiring on 7-12-2009.

So I have a dilemma.

Does the addendum from 2006 count as a "valid traffic survey" and for purposes of radar use, be good until 2011?

Or, does it expire on 7-12-2009 and since my ticket is August 11,2009, my ticket is not valid as officer is not allowed to use laser/radar without a non-expired survey.

To summarize my two questions:

-Does the addendum count as a valid survey
-Does expiration of survey matter because it is still within 5 year window based on the vehicle code language

If I were to contest this, I would have to do TBWD as I don't have the time to go to court and if there is any question of loosing case, I would just pay the fine and go to traffic school.

Thanks for any advice, I know it may not be clarified but thought it an interesting question for discussion.

 

[I_Got_Banned]

When a survey is re-valuated by an engineer and if he determines that no significant changes... etc then it makes it good for 10 years from the original date it was prepared. Survey expired 7-12-2009. You were cited in August... Survey no good. Case should be dismissed.

Don't count on it being that easy in court though. Read CVC 40802 through 40808 and pay special attention to 40805. Prepare yourself, do your homework... And object to the survey being introduced on the grounds that it was invalid at the time you were cited.

 

[ratfacedboy]

vc 22350 with invalid traffic and eng survey

I got my ticket in mail, I elected to to TBWD. I plan to use the speed trap defense that officer not allowed to use radar and therefore evidence of speeding is not admissable. The issue is I was going about 50 in a 35mph zone but the conditions were clear and flow of traffic was 45 to 50.

Would it be good to put in the basic speed law defense as well as the speed trap stuff or just stick to one strategy and hope for the best?

Thanks.

 

[I_Got_Banned]

The issue is I was going about 50 in a 35mph zone but the conditions were clear and flow of traffic was 45 to 50.

"Flow of traffic" arguments do not work. Stick to the speed trap argument.

 

[Jim_bo]

I agree that the survey is expired and invalid. But, what did the survey say the critical speed (85th percentile) was??? Did it justify the speed limit?

I can just about guaruntee you that you will NOT win anything saying your speed was reasonable and safe in a TBWD. See VC22351.

I don't want to pop your bubble, but you should count on losing your TBWD. They are routinely rubber stamped "guilty". Do it anyways, just don't count on winning. With that in mind, I would encourage you to MAKE the time for your trial de novo. You not only do yourself a disservice by effectively pleading guilty to a charge you are not guilty of, but you do everyone else a disservice when you send the message to the cops and the courts that the law doesn't really apply to them. Cops writing illegal speeding tickets (such as yours) and courts upholding them are pervasive in this state. You only add to the problem when you just "let it slide". Do your civil duty. Challenge authority. Defend yourself and exercise your rights as a citizen. Some things are more important than that half day of vacation time you'll have to spend.

 

[Zigner]

I suppose one could slow down...I know...it's a novel idea but it just might work!

And, he'd be doing his civic duty to boot!

 

[Jim_bo]

I suppose one could slow down...I know...it's a novel idea but it just might work!

And, he'd be doing his civic duty to boot!

How utterly worthless. You should just stay in bed in the mornings.

 

[Zigner]

How utterly worthless. You should just stay in bed in the mornings.

Pot meet kettle.

(Oh, and I own several laptops - who knows...I could be in bed right now! )