Transportation and Vehicle Safety: Ticket for a CVC 22349 (b), worst case scenario, best case scenario

Question
QUESTION: I was pulled over on CA highway 1 for going 60 in a 40. I was given a violation of CVC 22349(b).
The speed limit had changed from a 45 to a 40 within 100 yards of where I was pulled over. I feel I was going between 50 and 55 but the officer said I was doing 60. Also I was apporaching a stoplight that had just turned red. As I began decelerating, the red and blue were in my rearview. The highway had also just changed from a 2way (1 lane in each direction) with no divide into 2 lanes for each direction and an island because it was passing through a town for about a mile. There were no cars infront of me or behind me (except the police car). It was 1 am and it had started to rain about an hour before. On the ticket, my approximate speed was cited at 60 mph and there is no speed under RADAR.
My question is: do I stand a chance in court fighting this?

ANSWER: Hello John and welcome to AllExperts!

At first glance, it appears your speed was based on trailing in-lieu of radar, and you were admittedly traveling 50-55 mph in a posted 40-45. Best case scenario, you were traveling 10 mph over the posted limit. The worst case scenario based on certified speed from the officer and point of the stop is 20 mph over the posted speed.

Keep in mind that the section for which you were cited is not based on unsafe speed, so the hour of the citation and fact that the roadway was clear of any traffic would have no bearing on this case.

If the officer testifies that your speed was 60 mph based on his certified speedometer and visually trailing your car to obtain this measurement, you will not be able to dispute that. However, you might be able to convince the judge/commissioner that due to the posted limit change from 45 to 40 and your deceleration to adjust accordingly, that the overage of speed should be changed from 20 to 15 mph.

I know this doesn't seem like much of a difference, but looking at the info below, there is approximately a $60-$80 Difference. Although you will pay more, I always recommend traffic school as this removes the violation from your DMV record and doesn't show up on your insurance. I do not believe you will be able to win your case based on the evidence you have provided.


Speeding 1-15 mph over limit:

Base Fine = $25
State Penalty Assessment = $30
County Penalty Assessment = $20+/- (Depends on County)
Court Penalty Assessment = $15+/- (Depends on City/County)
Various Surcharges / Costs = $10 +/- (Depends on City/County)


Speeding 16-25 mph over limit:

Base Fine = $50
State Penalty Assessment = $50
County Penalty Assessment = $35+/- (Depends on County)
Court Penalty Assessment = $25+/- (Depends on City/County)
Various Surcharges / Costs = $15 +/- (Depends on City/County)


I hope this works out well for you John. Take care.

Terry

---------- FOLLOW-UP ----------

QUESTION: The citation, cvc 22349(b), Is for exceeding 55mph. I was wondering if the officer was just citing me for going 5mph above the 55mph limit on two way highways or for 20mph over the 40mph for the area I was pulled over in?

Answer
Hi John....

As the base section is 22349(b), I would have to guess it was for driving faster than 55. If it had been the latter, then the base violation would have been 22350. If it was for unsafe speed, it would have been 22349(a).

I am puzzled though as it seemed to be a better 22350 violation than a 22349(b), and wondered if the officer may wish to modify the base section while in court. This isn't much help to you however, but it would make more sense.

Best of luck John!

Terry