CHP Messed Up?

[alecpoole]

I was heading down a hill (at night) in what I believed to be a 55 zone. I spotted a CHP heading towards me from the other direction. I began braking since I was about to hit a 35 zone. The CHP quickly turned around after passing me and pulled me over. He told me he was going to write me up for doing 55 in a 45 zone. Then when he returned to my car with the completed ticket it said 60 in a 45. Two days later I recieve a correction from the officer. It turns out that it was a 55 zone.

A:Could he have radared, etc. me?
B:There is no posted signs for over a mile except for one that says End of 35 zone, that faces the opposite direction to that which I was traveling, and had not reached yet.
C:Could it just be a case of profiling since I drive a red mustang?
D:Can I/Should I fight this ticket? Or is it wiser to just go to traffic school and not risk raising my insurance?

 

[lwpat]

California Traffic School

Can I/Should I fight this ticket? Or is it wiser to just go to traffic school and not risk raising my insurance?

A lot depends on your prior record and your driving habits. You are only allowed to take traffic school once every eighteen months. Considering the current "Show No Mercy" speeding ticket campaign in California it may be wise to save traffic school for a more important situation.

If you do decide on traffic school many California courts are now accepting computer traffic schools. For more information see:

Online Traffic School

If you decide to fight the ticket start with a Trial by Declaration. Usually a CHP will always answer but in your particular situation he may decide not to bother. I assume that he wrote you up under 22350, the basic speed law. There are a lot of ways to beat this particular violation so you may have a good chance if you decide to fight your speeding ticket.

 

[alecpoole]

22349

It says on the ticket code 22349. I don't know what that means to my case, I do want to fight it. But wouldn't it be less likely that he'll show up to court in person, than write a report (such as if I do the Trial by Declaration). Plus I've been since told that I can still go to traffic school even if I plead not guilty and lose.

 

[lwpat]

(b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey. For purposes of this subdivision, the following
apply:
(1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the
number of through lanes.
(c) It is the intent of the Legislature that there be reasonable
signing on affected two-lane, undivided highways described in
subdivision (b) in continuing the 55 miles-per-hour speed limit,
including placing signs at county boundaries to the extent possible,
and at other appropriate locations.

If you plead not guilty and lose it is unlikely that the judge will then let you take traffic school. The reason that California makes it so easy to attend traffic school is to prevent you from pleading guilty and tying up the courts.

You have indicated the lack of signage in your post and the original charge supports your contention. If the officer did not know the correct speed limit, then the signs are not as intended by the legislature. You can argue that an appropriate location would be at the end and beginning of the 35mph zone.

Had the officer realized it was a 55mph zone it is unlikely that he would have issued the citation. He might just decide to let it drop at the Trial by Declaration level. Your choice, traffic school or fight.