Wrong.
All the government has to do is show that the person was speeding.
22351(b) states:
The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not
constitute a violation of the basic speed law at the time, place and under the conditionshen existing.
This says that the defendant will win if he wasn't speeding: "...establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time...." etc.
Once again, I respectfully disagree. The basic speed law refered to here is VC 22350. That law doesn't say anything about exceeding a PF speed limit. It says that it is unlawful to drive at a speed..... that presents a danger to persons or property. If a defendant can show that his speed, although in excess of a PF speed limit did NOT violate the basic speed law, then he is not guilty.
But this is all a moot point in this case, isn't it? I have gambled that the PF speed limit is not justified by a traffic and engineering survey. If I am right, then it doesn't matter what his speed was!
Jimbo
