Speeding Tickets: Speeding Ticket Under VC 22350 in California

My question involves a traffic ticket from the state of: California



Hello Folks -



I have a question regarding a ticket that I received. I was cited for CVC 22350 for going 64mph in a 45mph zone on Montague Expy in Santa Clara County. I've read possibly every other posting on this website regarding 22350 violations and have done a great deal of work to move forward with a Trial By Declaration, but wanted to get your thoughts before moving forward.

1. On the day I was cited - the officer noted on the citation that weather, road, and traffic & Lighting conditions were as follows - LIGHT, CLEAR, DRY, MEDIUM


2. Obtained a copy of the Traffic Engineering Survey
   
   
   Survey was submitted and approved in 2009, but the stamp from the Registered Engineer has a date of 2010 - What does this mean? If I go off of the original date in 2009 then I could argue that the survey is invalid.
   
   


3. 85th percentile speed is stated to be 53mph with 75% of vehicles surveyed exceeding that speed.
   
   
   The reason for decreasing the speed limit to 45mph was due to accident rates, however, the most recent accident history data from 2005-2007 indicated a decrease in 101 accidents since the last study performed in 2004. Statewide Integrated Traffic Records System (SWITRS) reported 664 accidents (in 2005-2007) vs the 765 accidents (in 2004) with the majority of the accidents occurring while people attempted to merge onto Montague Expressway, not in free driving through Montague Expressway (as I was doing).
   
   


4. A disproportionate number of drivers are cited for speeding on this road due to the low speed limit set.


5. The county shows their calculations assuming that the accident rate is higher than the California average of 1.00 ACC/MVM, however, this was based on their assumption of maintaining the same accident ratio from 2004, but just with a higher ADT. Absolute accident figures are lower than that and have decreased year over year.

Now, with all that said, I have written up my defense stating that in regards to citation 22350 the conditions were ideal and I was not putting anyone or myself in danger. (yes I know this is subjective). I also brought up the bullet points above to show the flaws in the Traffic Survey that don't merit such a radical decrease in speed and is a speed trap due to the nature of the disproportionate number of citations as well as potentially being out of date.



When I submit this to the court, should I also include the Traffic and Engineering Survey? Yes, there was some good data that I could use in my defense, but it equally could be interpreted in favoring the state. Should I just submit my statement with the assumption that the state should provide one in order to refute my statements?



Also, anything else that I should be looking into?



Thanks in advance.

Speeding Tickets: Speeding Ticket Under VC 22350 in California