Marin DUI Lawyer Blog
A woman charged with violating the basic speed law, California Vehicle Code section 22350 based on radar in Santa Rosa has her speeding charge dismissed when Attorney John Stanko negotiates a no point violation.
A basic speed violation based on the use of radar or lidar in a pirma facie speed limit area, i.e., 25 mph, 30 mph, 45 mph, must be justified with a valid traffic an engineering survey. Should the prosecuting officer not have the survey or if the survey is invalid or does not properly set the speed limit pursuant to the Vehicle Code and Manual on Uniform Traffic Control Devices then the use of radar amounts to an illegal speed trap. With a speed trap the police officer is incompetent to testify and the court is without jurisdiction to render a finding of guilt and an alleged violation of Vehicle Code Section 22350 must be dismissed.
A second case for a woman charged with speeding was dismissed upon payment of court costs after argument concerning the improper continuance of her court trial.
If you receive a speeding ticket, red light camera ticket, or any moving violation in Santa Rosa, San Rafael, San Francisco or Oakland, call an experienced aggressive traffic ticket attorney for help.
For more information about traffic and speeding ticket defense in Sonoma and Marin Counties and throughout the San Francisco Bay Area, or for a free consultation, call Marin County traffic attorney John Stanko at 415-755-8899, or toll free at 1-415-755-8899.