sara814 said:
Okay...what is the best thing to say in court? To apologize and ask for leniency? Do they really take into consideration if the high speed was on a highway vs. a street?
Because off the freeway with the maximum speed in effect he could have requested a traffic survey, but he was going 30 mph over the maximum speed, therefore no defense:
22357. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that a speed greater than 25 miles
per hour would facilitate the orderly movement of vehicular traffic
and would be reasonable and safe upon any street other than a state
highway otherwise subject to a prima facie limit of 25 miles per
hour, the local authority may by ordinance determine and declare a
prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per
hour or a maximum speed limit of 65 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe. The declared prima facie or maximum
speed limit shall be effective when appropriate signs giving notice
thereof are erected upon the street and shall not thereafter be
revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit
which is applicable when passing a school building or the grounds
thereof or when passing a senior center or other facility primarily
used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
22357.1. Notwithstanding Section 22357, a local authority may, by
ordinance or resolution, set a prima facie speed limit of 25 miles
per hour on any street, other than a state highway, adjacent to any
children's playground in a public park but only during particular
hours or days when children are expected to use the facilities. The
25 mile per hour speed limit shall be effective when signs giving
notice of the speed limit are posted.
22358. (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that the limit of 65 miles per hour
is more than is reasonable or safe upon any portion of any street
other than a state highway where the limit of 65 miles per hour is
applicable, the local authority may by ordinance determine and
declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or
25 miles per hour, whichever is found most appropriate to facilitate
the orderly movement of traffic and is reasonable and safe, which
declared prima facie limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.