Hi,
I'm hoping to get some suggestions on fighting this ticket.
Basic info:
Violation:
Basic Speed Law 22350 Speed: 42mph w/ Lidar. No distance indicated.
Ticket did not indicate what speed limit was violated.
Where: County of San Mateo, California
Time: 5:15PM
Weather: Cloudy per ticket, but weather report was clear.
I did TWD arguing illegal speed trap, found guilty. filed for TDN in person, was given a date like 48 days after request filed in person. (violation of 4.210(b)(7) calif court 45 day rule)
I reviewed officer's response. He said he did a visual speed est. and then did the Lidar. He provided a Radar Speed Survey, but no Engineering & Traffic Survey. Public works said an E&TS was not required. Is it true that Radar Speed Survey and E&TS are not the same?
His description of where he was doesn't seem to match what we saw. He was at the intersection facing perpendicular to our road, not along the road we where on as he had claimed.
He said he saw children being picked up at a school. We didn't see any.
The street is a minor arterial, so not a local road.
School pickup area is about 500 to 700 feet away on other side of the road from where I believe the speed was taken, but probably like a 100 feet after the end of the school grounds (playing field). School has a fence and gate along the road. So, I believe the speed was taken just after we passed the school grounds. Number of lanes: 1 in my direction and 2 in the other direction. 30MPH sign about 1000 feet away from furthest edge of the school grounds.
Speed Limit sign just says School (S4-3P) on top w/ 25MPH (R2-1) below and Mon-Fri (S4-6P). It doesn't say, When Children Are Present (S4-2P) which seems to be the current requirement?? There is also no School Warning Assembly (there is no yellow sign w/ the Adult/Kid walking (S1-1). Can't seem to find compliance dates or when the older signs are supposed to be deleted.
I requested informal discovery request to the PD and DA, have not heard back. It's been more than 15 days so I can file motion to compel, but local court rules (9.9) require the motion to include the hearing date. I called the clerk they would not set a hearing date to hear my motion to compel. How do I properly file the motion to compel if they won't even give me a hearing? Hearing has to be before the trial date. Should I pursue this more? Some past threads seem to indicate that it goes up the chain and increases the likelihood of the officer showing up for trial.
I believe my strongest argument is an illegal speed trap per vc 40802 since it looks like no E&TS, but looks like they are trying to argue it is a school zone which would exclude the speed trap defense. It was 5:15PM, so pretty late for an elementary school. Looks like classes get dismissed at 3PM; however, they might have an after school program until 6PM. Are children leaving an after school program the same thing as children leaving during "school hours" per 40802? Do school hours end when school classes are dismissed?? It seems that a school zone should only apply when the school is being used in an academic sense and not to when a school is being used as a daycare.
Also, I'm not clear on the what sets the school zone speed limit. I'm not sure why 40802/22352's definition of school zone is different than 22358.4 (A maximum of two traffic lanes for a school zone - our street has 3 lanes). I guess the state law sets the speed in a school zone at 25MPH, but if a local ordinance sets it to 25MPH there are more requirements (a max of 2 lanes)? I can only find a local ordinance setting it to 30MPH. If I can get 22358.4 to apply then it seems like an easy win since we have 3 lanes instead of 2 lanes maximum.
Also, I'm not clear on the implications of there being a gate/fence separating the school from the street. Is it not a school zone if there is a fence/gate along the street?
Thanks for any help on this.
I'm hoping to get some suggestions on fighting this ticket.
Basic info:
Violation:
Basic Speed Law 22350 Speed: 42mph w/ Lidar. No distance indicated.
Ticket did not indicate what speed limit was violated.
Where: County of San Mateo, California
Time: 5:15PM
Weather: Cloudy per ticket, but weather report was clear.
I did TWD arguing illegal speed trap, found guilty. filed for TDN in person, was given a date like 48 days after request filed in person. (violation of 4.210(b)(7) calif court 45 day rule)
I reviewed officer's response. He said he did a visual speed est. and then did the Lidar. He provided a Radar Speed Survey, but no Engineering & Traffic Survey. Public works said an E&TS was not required. Is it true that Radar Speed Survey and E&TS are not the same?
His description of where he was doesn't seem to match what we saw. He was at the intersection facing perpendicular to our road, not along the road we where on as he had claimed.
He said he saw children being picked up at a school. We didn't see any.
The street is a minor arterial, so not a local road.
School pickup area is about 500 to 700 feet away on other side of the road from where I believe the speed was taken, but probably like a 100 feet after the end of the school grounds (playing field). School has a fence and gate along the road. So, I believe the speed was taken just after we passed the school grounds. Number of lanes: 1 in my direction and 2 in the other direction. 30MPH sign about 1000 feet away from furthest edge of the school grounds.
Speed Limit sign just says School (S4-3P) on top w/ 25MPH (R2-1) below and Mon-Fri (S4-6P). It doesn't say, When Children Are Present (S4-2P) which seems to be the current requirement?? There is also no School Warning Assembly (there is no yellow sign w/ the Adult/Kid walking (S1-1). Can't seem to find compliance dates or when the older signs are supposed to be deleted.
I requested informal discovery request to the PD and DA, have not heard back. It's been more than 15 days so I can file motion to compel, but local court rules (9.9) require the motion to include the hearing date. I called the clerk they would not set a hearing date to hear my motion to compel. How do I properly file the motion to compel if they won't even give me a hearing? Hearing has to be before the trial date. Should I pursue this more? Some past threads seem to indicate that it goes up the chain and increases the likelihood of the officer showing up for trial.
I believe my strongest argument is an illegal speed trap per vc 40802 since it looks like no E&TS, but looks like they are trying to argue it is a school zone which would exclude the speed trap defense. It was 5:15PM, so pretty late for an elementary school. Looks like classes get dismissed at 3PM; however, they might have an after school program until 6PM. Are children leaving an after school program the same thing as children leaving during "school hours" per 40802? Do school hours end when school classes are dismissed?? It seems that a school zone should only apply when the school is being used in an academic sense and not to when a school is being used as a daycare.
Also, I'm not clear on the what sets the school zone speed limit. I'm not sure why 40802/22352's definition of school zone is different than 22358.4 (A maximum of two traffic lanes for a school zone - our street has 3 lanes). I guess the state law sets the speed in a school zone at 25MPH, but if a local ordinance sets it to 25MPH there are more requirements (a max of 2 lanes)? I can only find a local ordinance setting it to 30MPH. If I can get 22358.4 to apply then it seems like an easy win since we have 3 lanes instead of 2 lanes maximum.
Also, I'm not clear on the implications of there being a gate/fence separating the school from the street. Is it not a school zone if there is a fence/gate along the street?
Thanks for any help on this.
Speeding Tickets: School Zone Definition
Aucun commentaire:
Enregistrer un commentaire