As a poor student, got one speeding ticket in residential area is a
shock. :( Would like to get specific answer to take action on the
court:

Purpose: get information (effective description/strategy to
speak/action on court) to show on the court and let court dismiss the
ticket.

Situion: 6/30/05, in San Jose, CA. Got speed of 48mph (not sure, it's
a short road) in 35mph zone (no seeing any sign neither). It's a sunny
day on 2 lanes road each side (Bolinger).

Additional info needed: Knowing there is a rule in California that if
the weather allowed, the speed could be up to 50mph or more, no matter
what's limitation. What's the exact rule (link)? And is this a good
defense tool?

Thanks for your help.

Conrad

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Clarification of Question by conrad6-ga on 30 Jun 2005 11:42 PDT

Got some rearch: http://www.tipmra.com. Wish to get specific advice towards my case.

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Clarification of Question by conrad6-ga on 01 Jul 2005 09:41 PDT

Thanks for all comments! Regarding the speed limit, I remebered have
seen one description (like rule 126) 2 year before (when I got one
ticket) on web that in California, if weather allowed and road
condition is good (also not near school/hospital), your speed can be
over the limit and up to some specific number (like 50 or 55mph).
Which means the driving speed is safe as one of the comment talking
about. Just can't find it any more.

It's done by a police with hand laser gun (I guess) as they (two)
hiding in a lane. Neither do I see the equipment (I should request,
gush but as you know when you stopped by the police, your brain just
went empty). They didn't show me the result, all talking is "you are
driving 48mph on 35mph section, please give me your drive license".
Will they keep the evidence (laser receipt)? Or just based on its
professional description?

I got in traffic school 2 year before. That's killing me. And I'm
still not sure if I'm 48mhp because from traffic light to the point is
less than 400 feet (I'll check it today again). And even I accelarate
it showed faster than other cars, my memter is still below 40 (might
be climbing). It's an old 98 Camry, not a race car.

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Clarification of Question by conrad6-ga on 29 Jul 2005 10:19 PDT

After some resarch, this case might be ended. There might be 2 ways to check:
1. Speed Survey Zone: see if any valid speed survey has been done in
your violation area. This is necessary for the case to be sustained.
And the report should be done within 7 years (as told by San Jose
Transportation department). You could request specific research report
and faxed to you. For Santa Clara California Street & Traffic
depratment, you could call 408 535 3850 for further info.

2. Laser Gun: it could be challenged by usage/calibration.
laser gun should be locally calibrated by using all three of the following methods:
? The self test button should be used and the reading should be 8.8.8.8.
? A measurement of a non-moving target should result in a reading of 0 MPH.
? The sight and audio tone should be tested by panning across a
telephone pole. As the sight aligns with the pole, the audio tone
should change indicating a positive contact between the beam and the
pole itself.

Only a few states have given laser ?judicial notice? which is a legal
ruling that establishes specific evidence as beyond dispute.

As with any case, your best strategy is hoping for the officer not to
appear in court followed by careful preparation in case he does
appear.

Should I take the chance? As the police just stood on the right spot
of the speed zone survey checking point, I'd guess they have done a
well preparation. Though I'm still not sure if I'm over speed, but
chances might not be on me.

There is no rule of law that allows a vehicle to travel at a set
speed.  I assume your ticket is for 22350 CVC, which is unsafe spped
for the given conditions. If the posted speed is 35, and you were 13
over, I assume the road / speed survery will show a result of 40 or
so.  Is your ticket a radar ticket?  Ask for the speed survey.  Also
your defense is that the speed you were going was not unsafe for the
given conditions. Ask the officer to explain this during court. 
However, 13 over...You will have a laboring orr.

No, there isn't a California law that you can go above the speed
limit. I think you're misinterpreting the California "Basic Speed Law"
that talks about reducing speed if conditions warrant, even if the
speed limit is higher.

----------------------------------

http://www.dmv.ca.gov/pubs/hdbk/pgs19thru22.htm
California Driver Handbook - Laws and Rules of the Road  

SPEED LIMITS
California has a ?Basic Speed Law.? This law means you may never drive
faster than is safe for current conditions. For example, if you are
driving 45 mph in a 55 mph speed zone during a dense fog, you could be
cited for driving ?too fast for conditions.? You may never legally
drive faster than the posted speed limit, even if you think it is safe
to do so.

----------------------------------

I suggest that you read the whole page about the California speed
laws. As far as your current situation goes, if you don't have enough
prior violations, don't protest the ticket, just go to traffic school.
If you're not eligible for traffic school, beg the judge for
forbearance. I don't think there's any plausible story you can make up
why it was OK for you to exceed the speed limit.

http://maps.google.com/maps?oi=map&q=Bollinger+Rd,+San+Jose,+CA

Good luck.