My question involves a traffic ticket from the state of CA:
My question involves a traffic ticket from the state of CA:
I received an unsafe speed ticket via LIDAR for going 48 in a 35 on a section of road which I argued has an invalid E&TF based on three points as follows:
1 - The survey radar location for the survey is 230' from a very busy intersection which is photo enforced. One of the photo enforcement signs is almost directly across from the radar survey location. Often times traffic backs up beyond the radar survey location from the intersection. My argument was there are many factors which disallow the free flow of traffic.
2 - The road segment on which the above radar survey was performed is between to major intersections which have significantly different traffic conditions compared to the section which I was cited on which is beyond the furthermost intersection. According to the city traffic data, the section of the survey has more than double the traffic compared to the section I was cited on. My argument was the survey was not valid for the section I was cited on and should have had its own survey.
3 - The road segment for the E&TF is 4,761' long. Well beyond the guidelines.
I built my case by establishing authority via VC627 ultimately landing on the Manual for Setting Speed Limits published by Caltrans. The manual establishes guidelines which were the basis of my arguments as noted above. I concluded the E&TS was not valid and as such:
1 - The city had no valid authority to set the speed and therefor the limit must be 55.
2 - With an invalid E&TF, the LIDAR testimony is invalid.
The judge asked me if there was any precedence for my argument that the city must follow the Manual for Setting Speed Limits published by Caltrans. I Do not know and would appreciate a reply by anyone who does. He also said that, in the absence of the LIDAR testimony, the officer's visual estimate of my speed is adequate to convict.
I am considering an appeal and all feedback is greatly appreciated!
My question involves a traffic ticket from the state of CA:
I received an unsafe speed ticket via LIDAR for going 48 in a 35 on a section of road which I argued has an invalid E&TF based on three points as follows:
1 - The survey radar location for the survey is 230' from a very busy intersection which is photo enforced. One of the photo enforcement signs is almost directly across from the radar survey location. Often times traffic backs up beyond the radar survey location from the intersection. My argument was there are many factors which disallow the free flow of traffic.
2 - The road segment on which the above radar survey was performed is between to major intersections which have significantly different traffic conditions compared to the section which I was cited on which is beyond the furthermost intersection. According to the city traffic data, the section of the survey has more than double the traffic compared to the section I was cited on. My argument was the survey was not valid for the section I was cited on and should have had its own survey.
3 - The road segment for the E&TF is 4,761' long. Well beyond the guidelines.
I built my case by establishing authority via VC627 ultimately landing on the Manual for Setting Speed Limits published by Caltrans. The manual establishes guidelines which were the basis of my arguments as noted above. I concluded the E&TS was not valid and as such:
1 - The city had no valid authority to set the speed and therefor the limit must be 55.
2 - With an invalid E&TF, the LIDAR testimony is invalid.
The judge asked me if there was any precedence for my argument that the city must follow the Manual for Setting Speed Limits published by Caltrans. I Do not know and would appreciate a reply by anyone who does. He also said that, in the absence of the LIDAR testimony, the officer's visual estimate of my speed is adequate to convict.
I am considering an appeal and all feedback is greatly appreciated!
Engineering and Traffic Survey Precedence and LIDAR in California
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