OK, first things first... The survey shows a posted speed limit of 35, so you can argue that the officer made an error in writing you up for 47 in 30 versus 47 in 35. While that will NOT invalidate the citation, it will in fact allow you to argue for a fine reduction (if you are found guilty) from the (approx) $332 (for 16mph to 25mph over the limit) to (approx) $211 (for 1 mph to 15 mph).
Second, the fact that the survey is dates after May 20, 2004 means that (barring any mitigating factors) the speed limit should be set to the the 5mph increment
nearest to the 85th percentile speed (of 39mph) thereby making it 40 mph. However, a further 5mph reduction in the speed limit is allowed by virtue of the notation regarding residential density (see CVC 40802(b)(1) & 40802(a)(2)
V.C. Section 40802 - Speed Traps and CVC 515
V.C. Section 515 - Residence District ). Therefore, the speed limit reduction (from 40mph to 35mph) is justified.
Furthermore, and considering the fact that that particular stretch of roadway is considered a “local road” (residential district/density) a “speed trap” argument is not valid here...
You can scan it as a pdf file, upload it to a hosting site (like
Image hosting, free photo sharing & video sharing at Photobucket), and post the link here. However, and since you posted the pertinent section which justifies the reduction, there is no need to do that.
Pursuant to CVC section 40802(c)(1)(D), the LASER unit must be calibrated within the 3 years PRIOR to the violation date. So assuming that the officer were to present the same calibration certificate that you received, you can move to exclude that piece of evidence on the grounds that a calibration after your alleged violation is irrelevant to your case and then you could argue that your case should be dismissed due to the lack of accurate measurement of your alleged speed.
There is a chance that the officer will present the correct certificate (one that is calibrated prior to your violation date) or he may even just reference a certificate that is “on file with the court”. You do have the right to request to see the certificate so that you can ascertain that the calibration was indeed conducted prior to you being cited, and if it is not, then you can follow through with the argument I suggested above.
In summary, the speed limit is justified; a speed trap argument is not applicable here (local road); you need to ensure that the LASER was calibrated within 3 years prior to the date you were cited; and lastly, if all else fails in the way of a dismissal, you can argue that your fine should be set on the basis of 12mph over the
Prima Facie limit, rather than 17mph over the limit.
Let us now how it works out... Good luck!