Reasons for traffic ticket dismissal?

[dawerz]

Curious as to what reasons a judge might accept for dismissal of a traffic citation. Would incorrect info on the citation be sufficient? Such as the officer citing that the vehicle used was a kawasaki ZX66?:confused Of course, I (nor anyone I know ) own such a vehicle. What reasons might be used to have the ticket dismissed? Any info in this regard would be helpful. Thanks in advance.

 

[Owensdad]

Er, that wont be enough. Things I have *ahem* heard of working in the past are wrong code cited and wrong location.

In either case the judge can still side with the officer. You might get a break by just showing up. On the other hand, you might not.

What's the citation?

 

[dawerz]

exceeding the speed limit is the allegation

 

[christofu]

The traffic tickets I've had dismissed were dismissed for 'FTP - Failure to Prosecute'. In other words, the LEO failed to respond to my Trial by Written Declaration. Case dismissed. 100% of them.

 

[dawerz]

Chris, Thanks for the suggestion. What was your argument?

BTW, great trackday on Saturday at Thill. It was my first time and had a blast!:teeth You'll definitely be getting more of my money provided the state doesn't get it first .

 

[christofu]

Do some research on teh interweb about it. In summary, a good approach is to find out whether the city in which you were ticketed has performed a traffic survey to set the speed limit on specific stretch of road on which you were ticketed.

The speed limit cannot be set lower than the speed at which 80%(? don't exactly remember the precise percentile) of traffic can safely travel the road. If it is, the speed limit was set artificially low in violation of the federal Manual on Uniform Traffic Control Devices (MUTCD).

If (a) there is no survey conducted by a certified engineer; or (b) the speed limit does not match the recommendation of the survey; or (c) the survey is 5+ years old then the speed limit is illegal and you cannot be cited for exceeding it.

Contact the city and ask for the traffic survey for that stretch of road.

By the way, using this method I single-handledly had most of the speed limits in Fernley NV (where I live) increased from 25 to 35 after a judge strongly suggested to the city that they either conduct the surveys and post the limit legally, or remove all 25 signs.

That being said, in Trial by Written Declaration in CA you don't need to do much more than write "I AM NOT GUILTY" on a piece of paper and send it in. When I say that the cases have been dismissed through "Failure to Prosecute" it means that the officer failed to return his side of the story -- and the result is basically the same as if he didn't show up in person in court. "Case dismissed".

(however, using the MUTCD approach at least will give the judge something to actually judge in case the officer DOES respond).

 

[christofu]

It's the 85th percentile and here's the link to the actual section of the MUTCD:
http://mutcd.fhwa.dot.gov/HTM/2003r1/part2/part2b1.htm#section2B13

Since the MUTCD has been adopted into law by Congress and adherence is a condition for the states to receive federal highway funding (and federal law trumps state law and local ordinances) then all states and cities are REQUIRED to follow the MUTCD and perform the traffic survey before posting speed limits

 

[JPM]

Just to clarify, if you look at the section your posted the speed limit can be set lower than the 85th percentile depending on a number of other factors.

Other factors that may be considered when establishing speed limits are the following:
Road characteristics, shoulder condition, grade, alignment, and sight distance;
The pace speed;
Roadside development and environment;
Parking practices and pedestrian activity; and
Reported crash experience for at least a 12-month period.

And I'm not sure about NV but in CA a speed survey is not always required, like if you are exceeding a maximum speed law, on a road classified as a local street or road, a school zone, and there are a few others. As for the speed survey, if the officer has been to a POST approved radar school the survey time extends to cover 7 years and if a traffic engineer has reviewed the survey it can be extended to 10 years.

 

[dawerz]

Thanks for all the info, guys. I'll start looking into the survey thing. If nothing else this experience will make me a more informed citizen :nerd. I just hope it doesn't rob me of my trackday funds . Thanks again.

 

[dawerz]

And I'm not sure about NV but in CA a speed survey is not always required, like if you are exceeding a maximum speed law, on a road classified as a local street or road, a school zone, and there are a few others.

What's the difference between max or absolute speed law and prima facie? Can you tell from the sign?

 

[NorCalBusa]

AND it applies only to Federal Highways.

California has it's own Traffic Survey laws, I believe they are on the CALTRANS website.

 

[Razel]

What's the difference between max or absolute speed law and prima facie? Can you tell from the sign?

The sign will say "MAXIMUM SPEED LIMIT" on it for "max". Bridges are a good example for those. 237 near Moffett Field is another location. Prima facie signs will have just "SPEED LIMIT".

 

[JPM]

Not really; but sometimes on the freeways the sign will say "Max Speed limit". Most roads are covered by the basic speed law, meaning you need to go the speed that is safe for conditions (Yes, you can be cited for going the speed limit or slower if the conditions call for it). However there are two basic max speed laws (Not including the exceeding 100 MPH section). The other two are that you can not exceed 55 MPH on any two lane roadway in the state unless posted otherwise or 65 MPH on any multi-lane or divided roadway in the state. These are maximum speed laws and do not require a proof of being unsafe, 1 mile over and it’s a violation per this section. There is also no speed survey required even when using radar.

22350. (basic speed law) No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.

22349. (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.

(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.

 

[JPM]

The sign will say "MAXIMUM SPEED LIMIT" on it for "max". Bridges are a good example for those. 237 near Moffett Field is another location. Prima facie signs will have just "SPEED LIMIT".

It does not have to say Max speed limit on it. You can still be cited for these sections on any city or county road of you are exceeding the limits as it states any "Highway" in the vehicle code section. And just to clear it up so people don't think this only applies on the "Freeway", which is commonly mistaken for the definition of a "Highway", the vehicles code definition for a "Highway' is:

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.


This includes sidewalks, shoulders, Ect.

 

[christofu]

AND it applies only to Federal Highways.

California has it's own Traffic Survey laws, I believe they are on the CALTRANS website.

The MUTCD does not just apply to Federal Highways, it is a document that describes standardized road signs throughout the entire United States, and the conditions under which various signs can be displayed (including speed limit signs).

Since Federal law supercedes any state law where there is a conflict, CALTRANS can make as many rules as they like but the MUTCD is the final authority no matter whether it is a federal highway or a dirt path.

 

[christofu]

p.s. in the MUTCD it specifically states that "other factors" that can affect a posted speed limit include:
# Road characteristics, shoulder condition, grade, alignment, and sight distance;
# The pace speed;
# Roadside development and environment;
# Parking practices and pedestrian activity; and
# Reported crash experience for at least a 12-month period

That accounts for most "special circumstances" like school zones, construction, etc. However, there still must be a traffic survey.

 

[motorman4life]

However, there still must be a traffic survey.

Unless it meets the standard as a "local street or road" in which case, no signs are required to enforce the prima facie limits with or without radar and without a speed survey. Basically, if you are in a residential area, your best bet is to keep in under 30 unless you see signs to the contrary.

Also, no survey is needed for the enforcement of the maximum speed law. ie. If you are cited for 22349 CVC no traffic speed survey is needed, whether radar was used or not.

If you have questions, read the "speed trap" sections of the CVC, 40801 through 40808. I have seen drivers cited for 22350 beat their radar tickets by convincing the judge it was a speed trap.. but, you need to do your homework and also hope the officer is slightly incompetent as to the intricacies of the law regarding same.

Any officer that uses radar on a regular basis, probably has either studied up or gotten burned in court before and learned what he needs to defeat your challenge.. but, there are always rookies being added to the force as well as departments getting new radar guns that they are deploying without adequate training. Even senior officers could be tripped up if they haven't used radar in a while or testified in court on it.

The first question I would ask as a defendant is what certified training, if any, they have received on the use of the radar gun they were using. I'd estimate that less than 25% of officers have completed a POST certified 24 hour radar operators course. So, you may luck out!

Lastly, reading 40802(a)(1) CVC, I truly don't see how they can admit aircraft enforcement testimony on speed violations. Assuming they are using time over a known distance with marked/designated boundries, it seems in conflict with the law. Maybe someone here can answer that one. I know many of the tickets given up near 4 corners, around Alice's Restaurant, are for crossing the double yellow lines, but I assume they are doing some sort of speed enforcement too. Maybe I'm wrong.

 

[JPM]

The MUTCD does not just apply to Federal Highways, it is a document that describes standardized road signs throughout the entire United States, and the conditions under which various signs can be displayed (including speed limit signs).

Since Federal law supercedes any state law where there is a conflict, CALTRANS can make as many rules as they like but the MUTCD is the final authority no matter whether it is a federal highway or a dirt path.

The MUTCD is a standard for signs, marking, ect. As the site says, "The MUTCD contains standards for traffic control devices that regulate, warn, and guide road users along the highways and byways in all 50 States. Traffic control devices are important because they optimize traffic performance, promote uniformity nationwide, and help improve safety by reducing the number and severity of traffic crashes." Therefore they do not have to be followed but states can lose federal highway funds, just as for not having a helmet law. That is a federal standard however a few states don't follow it; they just don't get some federal highway funding. And as stated in my earlier post, there are a lot of times a speed survey is not required. I would be happy to provide you with all the vehicle code sections if you world like.

 

[JPM]

Here is what a speed trap is:

40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.

As you see it does not apply to a local road, street, or school zone. It also only applies to "the use of radar or any other electronic device that measures the speed of moving objects.
So in the officer paces you, no survey is required.

 

[JPM]

Lastly, reading 40802(a)(1) CVC, I truly don't see how they can admit aircraft enforcement testimony on speed violations. Assuming they are using time over a known distance with marked/designated boundries, it seems in conflict with the law. Maybe someone here can answer that one. I know many of the tickets given up near 4 corners, around Alice's Restaurant, are for crossing the double yellow lines, but I assume they are doing some sort of speed enforcement too. Maybe I'm wrong.

Because aircraft basically paces the vehicle and converts the aircrafts speed (Knots) to MPH.