Transportation and Vehicle Safety: Code 22349 (A) VC- Speed, speed law, procedural error


Question
I got a speeding ticket with a CVC 22349 (A)  However, the officer did not write down anything in the Speed Approx. box.  He verbally told me I was speeding but  nothing written regarding speed on ticket? Can I get the ticket dismissed?

Answer
Hello Ryan and welcome to AllExperts!

You ask a good question....  This particular offense is based on violating the maximum speed law on a highway. What the officer is saying is that you were over that limit, which is not a matter of how much, but rather you either were or you were not.

However, to prove this, he would need to know how fast you were going, and that must be recorded. By the way, any notes the officer makes is not admissible unless they were written on your copy of the citation.

So, I believe you certainly have reasonable doubt based on a procedural error (improperly documenting an article of fact). Good luck!

Terry