Finally got speeding ticket on Hwy 17 -- may not be worth fighting....
04-21-2007, 07:17 AM
#11
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fighting it will even out those other times when you get pulled over for nothing
I've gotten pulled over and then convicted (even though i fought) for going 45 in a 45....twice. After that, the thought of "oh, well, I WAS speeding, so I'll take my punishment" doesn't even cross my mind anymore.
04-21-2007, 10:36 AM
#14
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Fight it, for all the reasons you stated. Do it yourself, lawyer will just suck you dry, and a
tacit admission that you are guilty. (Not right, but that's just how they think). It'll just **** of the judge to lawyer up. Stand on your own.
04-21-2007, 11:04 AM
#15
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Maximum speed limit in CA is 65 on most divided highways (cvc 22349(a))...
What CVC did he write down on the ticket? If it was CVC 22349(b), then you could conceivably get off, citing 22349(a). If I remember correctly, 17 is a DIVIDED highway, so 22349(a) should apply:
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
22356 applies as well:
22356. (a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in subdivision (c) of Section 22366.
When was the last traffic engineering survey?
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes.
(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
22356 applies as well:
22356. (a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in subdivision (c) of Section 22366.
When was the last traffic engineering survey?
04-21-2007, 10:25 PM
#17
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Traffic engineering survey? Are you serious?
Have you ever driven 17? Ever seen the accident statistics?
An acquantance of mine is in the fire brigade in that area, they spend most of their time scraping up the bodies off highway 17.
55 is too high IMHO, should be 45 or less.
An acquantance of mine is in the fire brigade in that area, they spend most of their time scraping up the bodies off highway 17.
55 is too high IMHO, should be 45 or less.
04-22-2007, 10:14 AM
#18
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Driven it many times..... evidence to use in court.
If you read the CVC violations cited below, you can request an engineering study and show proof that it may have been legal to travel at 65 for that section of road.
04-22-2007, 10:21 AM
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Look for officer's entry as to traffic/road conditions. I pulled a traffic survey many years back .
on my way to an SCCA race in Holtville. 6:00 a.m. and the moron put "heavy" for traffic. On Saturday. Population < 8k. I pulled the most recent survey and showed 7 cars per 5 minutes. Judge laughed the officer out of court.
