Client charged with violating Vehicle Code 21453, red light camera ticket in Emeryville. Case dismissed at court trial in Oakland, Alameda County Superior Court.
Marin County man alleged to have been driving 71 mph, based on radar, in a 35 mile per hour zone on Nicasio Valley Road. Court trial in the Marin Superior Court. The citing CHP officer failed to produce a valid traffic and engineering survey and the charged violation of Vehicle Code 22350 and court ordered suspended license from prior trial by written declaration are dismissed.
In California the use of Radar or Lidar on most surface streets where the speed limit has been set at prima facie limit the police must produce a valid traffic and engineering survey in order to justify the use of a speed measuring device. According to the California Manual on Uniform Traffic Control Devices, prima facie speed limits should be set at the nearest 5 mph increment of the 85% of all driver’s in the survey unless proper legal reasons allow for a reduction below that setting. The use of Radar or Lidar where there is no valid survey amounts to an illegal speed trap.
If you are cited for speeding, a red light camera violation, or arrested for drunk driving in San Rafael, Emeryville, Oakland, San Francisco or Sonoma County call an experienced aggressive traffic ticket/DUI defense attorney for help.
For more information about speeding tickets and driving under the influence, traffic or criminal charges in Sonoma County, San Francisco and throughout the Bay Area, or for a free consultation, call attorney John Stanko at 707-642-8900, 415-755-8899, or toll free at 1-877-204-8900.