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Violations - CVC 22350


 
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California Vehicle Code Section 22350 - Basic Speed Law

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.

 

Your Notice To Appear
  1. Q: What is the radar gun (or Lidar gun) unit # ?
    A: Lidar Unit # xxxxxxxx
  2. Q: What was the distance between the radar gun (or Lidar gun) and your car ? (Don't guess! It is already written on your ticket.)
    A: 1000 feet
  3. Q: Did the Officer wrote down a slower speed on your ticket knowing that you were actually at a higher speed ?
    A: Yes (What was your actual speed ?), or No


 

Argue the Law
Element Description Reference
vehicle driving a vehicle n/a
highway on any Expressway, Boulevard, Avenue, Road, Street, Way, Lane, and etc. CVC 360
weather clear sky, sunny n/a
visibility not foggy n/a
traffic light n/a
surface dry n/a
width as wide as possible, for example, 3 or more lanes n/a
persons a human being CVC 470
property other vehicles, stores, houses, and etc. n/a
reasonable If your condition is not those described above, then, probably not reasonable. Say if the posted speed limit is 45 MPH, and it is rainning heavily, driving at 45 MPH is not reasonable. n/a
  1. Q: Was your speed reasonable as described from above ?
    A: Yes or No
  2. Q: Your reason for speeding should be related to your safety. What is your reason for speeding ?
    A: A vehicle behind me were driving at a higher speed, so I sped up and changed lane to avoid collision.


 

Markings
  1. Q: Did the Officer use the following method to determine your speed as described in CVC 40802 ?
    A particular section of a highway measured as to distance and
    with boundaries marked, designated, or otherwise determined in order
    that the speed of a vehicle may be calculated by securing the time it
    takes the vehicle to travel the known distance.
    A: Yes (if so, that's a speed trap) or No


 

Will the Engineering & Traffic Survey helps my case ?
  1. Q: Were you cited in a school zone where a "SCHOOL" warning sign was posted ?
    School Zone School Zone School Zone
    A: Yes (if so, the survey will not help your case) or No
  2. Q: Were you cited on a "local street" where it meets all three of the following conditions:
    • Roadway width of not more than 40 feet.
    • Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.
    • Not more than one traffic lane in each direction.
    A: Yes (if so, the survey will not help your case) or No
  3. Q: Did the Officer use a RADAR gun (or Lidar gun) to measure your speed ? A: Yes (if so, the survey will not help your case) or No


 

Engineering & Traffic Survey
  1. You should obtain the Engineering & Traffic Survey from the City. Refer to FAQs at this link.
  2. Q: From the survey, does the posted speed limit matches the value written on your ticket ?
    A: Yes or No
  3. Q: From the survey, what is the 85th percentile speed (MPH) ?
    A: xx MPH
  4. Q: Subtract the 85th percentile speed (MPH) by five (5) MPH, is that still larger than the posted speed limit ?
    A: Yes (if so, that's a speed trap) or No
  5. Q: When was this survey completed ?
    A: Jan 1st, 2000
  6. Q: Is the completion date of the survey more than seven (7) years old from the date your were cited ? If so, and there were road condition changes in recent time, the survey is invalid.
    A: Yes or No
  7. Q: Is the completion date of the survey more than ten (10) years old from the date your were cited ? If so, the survey is invalid.
    A: Yes or No
  8. Q: How many speed limit signs are posted for the direction you were traveling ?
    If there are more than one sign posted, show us a diagram where all signs are located with posted speed limit, and the Officer's location relative to those signs.
    We need to determine which posted speed you were cited for.
    A: 2 (35 MPH, and 40 MPH)


 

More Information
  1. Q: Which lane were you at ? (i.e. Most left lane as Lane #1)
    A: Lane #2
  2. Q: For the speed that you were cited with, how long (i.e. mile) did stay on the lane at that speed ?
    A: I stayed on Lane #2 at 90 MPH for 2 miles
  3. Q: Were there any cars tailgating and endangering your safety ?
    a) If so, for how long ? (i.e. seconds and miles)
    b) If so, will the Officer be able to disprove that ?
    A: Yes or No
  4. Q: Were there any cars at a higher speed approaching and endangering your safety ?
    a) If so, for how long ? (i.e. seconds and miles)
    b) If so, will the Officer be able to disprove that ?
    A: Yes or No