One Judge’s Take on Courts Keeping Traffic Surveys on File and Tickets for Unsafe Speed

One Judge’s Take on Courts Keeping Traffic Surveys on File and Tickets for Unsafe Speed- blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets.

Last year an 18 year old received a ticket for unsafe speed in Orange County. Adams, in his BMW, was nabbed by Irvine PD, using laser, for 70 in a 50. (additional details available newportbar.org/legalarticles)

Adams had a trial, the officer showed up, testified that his speed was unsafe in violation of California Vehicle Code 22350, and Adams was found guilty. Adams appealed. On appeal the conviction was reversed.

The reversal in part was due to the fact the officer did not bring certified copies of the traffic surveys to show that the speed limit of 50 mph on the street Adam’s was pulled over, was justified (the officer’s use of laser or radar on a street with an unjustifiably low speed limit violates speed trap laws). Instead the court took “Judicial Notice” of the surveys as they had copies of the survey available in the courtroom. As it turned out the speed limit of 50 mph was not justified by the traffic survey, the survey only justified a 55 mph speed limit.

Judge Geoffrey Glass held on May 9, 2012, “the trial court’s apparent practice of maintaining the survey in the courtroom and making it available to facilitate the conviction of defendants…who might otherwise obtain favorable judgment under the speed trap laws, create an appearance of partiality and impropriety.” The judge also held that it is the obligation of the prosecution to lay foundation for the admission of a traffic survey.

Looks like it just got tougher for officers testifying in Orange County trial court, as to why an individual’s ticket for unsafe speed should be upheld. –  blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets. 

If you get cited for a red light photo ticket, contact us at www.staging-vadusuxe.kinsta.cloud or call us at (800) 850-8038.

This blog was written to provide information related to traffic tickets in California, is based on opinion only, is not legal advice, and is for informational purposes only.