My question involves a traffic ticket from the state of: California
I was cited 1/15/15 for violating CVC22350 on an empty roundabout on highway 154. The officer initially didn't mark the speed and then estimated it to be 30mph. I'm trying to figure out how to contest this citation but seeing as my speed was below the absolute limit of 55mph on that stretch of road, I don't think I can take the speed trap approach, especially as he visually estimated my speed (although he did write his radar/lidar patrol unit# down, but admitted to me that he estimated it from 500-1000ft away).
I have this much of my TBD written so far, but would really appreciate and advice on wording and what angle I can approach this citation from. I feel the way it is written now is simply my word versus his, and I know how well that usually goes...
Here is what I have so far:
"The facts of my case are as follows: While driving south on Highway 154 on 1/15/15, I was stopped by officer ID#1899 and was charged with violating CVC 22350. The Officer has alleged that I was driving 30mph in a 15mph advisory limit zone, with an absolute speed limit of 55mph based on visual evidence from 500-1000 feet away. I believe that I was driving approximately 20-25mph at the time of my stop and that my speed was quite safe for the prevailing conditions.
The basic speed law, CVC22350 states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
The absolute speed limit on Highway 154 is 55mph, while the advisory speed limit on the newly constructed 154/246 roundabout is 15mph. The weather was clear, visibility was good, and traffic was very light, with no vehicles on or approaching the roundabout from any direction. The road surface was recently repaved and was free of dirt or debris. I believe my speed of 20-25mph was reasonable and prudent for the given conditions, put no persons or property at risk, and was well below the absolute limit of 55mph on that stretch of highway.
I trust in the court’s fairness and ask that my citation may be dismissed in the interest of justice.
If the court does not rule in my favor I would like to request a reduction in fine and/or traffic school if eligible."
Any help or advice will be greatly appreciated!!! I'm not asking for someone to write the declaration for me, but rather to point me in the right direction. I'm a college student and the financial burden from tickets like these is immense.
Thank you.
I was cited 1/15/15 for violating CVC22350 on an empty roundabout on highway 154. The officer initially didn't mark the speed and then estimated it to be 30mph. I'm trying to figure out how to contest this citation but seeing as my speed was below the absolute limit of 55mph on that stretch of road, I don't think I can take the speed trap approach, especially as he visually estimated my speed (although he did write his radar/lidar patrol unit# down, but admitted to me that he estimated it from 500-1000ft away).
I have this much of my TBD written so far, but would really appreciate and advice on wording and what angle I can approach this citation from. I feel the way it is written now is simply my word versus his, and I know how well that usually goes...
Here is what I have so far:
"The facts of my case are as follows: While driving south on Highway 154 on 1/15/15, I was stopped by officer ID#1899 and was charged with violating CVC 22350. The Officer has alleged that I was driving 30mph in a 15mph advisory limit zone, with an absolute speed limit of 55mph based on visual evidence from 500-1000 feet away. I believe that I was driving approximately 20-25mph at the time of my stop and that my speed was quite safe for the prevailing conditions.
The basic speed law, CVC22350 states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
The absolute speed limit on Highway 154 is 55mph, while the advisory speed limit on the newly constructed 154/246 roundabout is 15mph. The weather was clear, visibility was good, and traffic was very light, with no vehicles on or approaching the roundabout from any direction. The road surface was recently repaved and was free of dirt or debris. I believe my speed of 20-25mph was reasonable and prudent for the given conditions, put no persons or property at risk, and was well below the absolute limit of 55mph on that stretch of highway.
I trust in the court’s fairness and ask that my citation may be dismissed in the interest of justice.
If the court does not rule in my favor I would like to request a reduction in fine and/or traffic school if eligible."
Any help or advice will be greatly appreciated!!! I'm not asking for someone to write the declaration for me, but rather to point me in the right direction. I'm a college student and the financial burden from tickets like these is immense.
Thank you.
Speeding Tickets: VC 22350 Citation for Violating an Advisory Speed Limit
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