Radar Ticket in CA - Engineering and traffic survey

[jlinca]

I recently had a speeding ticket in California in the middle of the desert. Based on the law below, I'm wondering what the chances are that the "engineering and traffic survey" mentioned below is within the guideline and is the law quoted correct? Is there a place I can find out for sure if it has been completed in the last 5 years?

The other question I have is that I was written up for 87 in a 60 zone, or 27 over. 2 mph over what would allow me to go to traffic school automatically - HOWEVER, I was cited on the basic speed law (CVC 22350) and not the P.F. speed code (CVC 22351). As I was over 65 MPH, I would still be in violation of the 65 mph max on any highway but it would change the amount over to only 22, and thus I should have been eligible for traffic school. Thoughts?

CVC 40802(a)(2) defines a radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects."

 

[lwpat]

You can do a discovery request for the survey. The local court usually also has them on file.

Have you received the courtesy notice? It may allow you to do the traffic school. If not the judge will probably approve if you show for court.

 

[jlinca]

I've received the courtesy notice but court was 300+ miles away which wasn't do-able. I've requested trial by written declaration and plan to inquire about the survey due to the low posted speed limit in that location. At the same time, request traffic court if found guilty and see how it goes.