My question involves a traffic ticket from the state of: California
FACTS: CHP, Radar/Laser, Cited for 22350, 56mph in 45mph prima facie.
No posted speed limit sign (landowner removed the only sign to install landscaping)
Road is a 2-lane undivided highway in a rural area. Statutory 55MPH limit. No school, business or residence district applies.
So I lost my TBD and I'm actually quote shocked. Not only is there NO posted speed limit sign for the stretch of road that I was cited on, but also I listed an enormous amount of competent evidence in my defense of violating the Basic Speed Law. Truthfully I'm wondering if my TBD was even looked at!
So Trial de Novo, and I'm going to look at a few possible game plans.
1. Go with "Old Faithful" and use the 30 Questions approach.
2. Try to work out a way to ask for dismissal based upon the missing speed limit sign. (I have indisputable evidence in my favor to prove that the only posted sign for this stretch of road had been removed prior to my citation).
I can't seem to find any case law that supports a dismissal of a speeding violation when there is no existing sign to alert the driver of the speed limit. Anyone have advice for me here?
FACTS: CHP, Radar/Laser, Cited for 22350, 56mph in 45mph prima facie.
No posted speed limit sign (landowner removed the only sign to install landscaping)
Road is a 2-lane undivided highway in a rural area. Statutory 55MPH limit. No school, business or residence district applies.
So I lost my TBD and I'm actually quote shocked. Not only is there NO posted speed limit sign for the stretch of road that I was cited on, but also I listed an enormous amount of competent evidence in my defense of violating the Basic Speed Law. Truthfully I'm wondering if my TBD was even looked at!
So Trial de Novo, and I'm going to look at a few possible game plans.
1. Go with "Old Faithful" and use the 30 Questions approach.
2. Try to work out a way to ask for dismissal based upon the missing speed limit sign. (I have indisputable evidence in my favor to prove that the only posted sign for this stretch of road had been removed prior to my citation).
I can't seem to find any case law that supports a dismissal of a speeding violation when there is no existing sign to alert the driver of the speed limit. Anyone have advice for me here?
Speeding Tickets: Lost TBD for 22350, Advice for Tdn Defense
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