My question involves a traffic ticket from the state of: California
So, after 40+ years of driving, my mother in law finally got her first moving violation! She's on a tight income and the stress of the traffic stop will probably have her driving 10MPH under the limit for the next 40 years!
Anyway, she was on a straight, flat, two lane rural road on a clear, warm, dry morning with very light traffic. When the traffic is heavier on this road, the average speed is about 55MPH, but the posted speed limit is only 35MPH. Well, you probably already guessed, she got tagged for VC 22350, 55MPH in a 35MPH p/f!
Upon researching this for her, I was wondering why the citing officer didn't use radar/lidar... I haven't gotten the Engineering and Traffic Survey yet, I did find a memo from the county board of supervisors which discussed the reduction of the speed limits within the county and this particular stretch of road was marked "does not meet the criteria for radar enforcement.". Well, that answers that, but if the survey indicates the speed limit should be 55MPH or if the survey is 10+ years old, is that still not a valid defense? Why is it ok for the cop to estimate your speed visually in an area with a unreasonably low speed limit?
Basically, my two questions are, why does the law specify radar/lidar when identifying a speed trap? And are there any valid defenses apparent to you guys at this point?
Thanks so much for your time,
Billy
So, after 40+ years of driving, my mother in law finally got her first moving violation! She's on a tight income and the stress of the traffic stop will probably have her driving 10MPH under the limit for the next 40 years!
Anyway, she was on a straight, flat, two lane rural road on a clear, warm, dry morning with very light traffic. When the traffic is heavier on this road, the average speed is about 55MPH, but the posted speed limit is only 35MPH. Well, you probably already guessed, she got tagged for VC 22350, 55MPH in a 35MPH p/f!
Upon researching this for her, I was wondering why the citing officer didn't use radar/lidar... I haven't gotten the Engineering and Traffic Survey yet, I did find a memo from the county board of supervisors which discussed the reduction of the speed limits within the county and this particular stretch of road was marked "does not meet the criteria for radar enforcement.". Well, that answers that, but if the survey indicates the speed limit should be 55MPH or if the survey is 10+ years old, is that still not a valid defense? Why is it ok for the cop to estimate your speed visually in an area with a unreasonably low speed limit?
Basically, my two questions are, why does the law specify radar/lidar when identifying a speed trap? And are there any valid defenses apparent to you guys at this point?
Thanks so much for your time,
Billy
Speeding Tickets: VC 22350 W/ Visual Speed Estimate
0 commentaires:
Enregistrer un commentaire