CVC22349(b), multiple errors on ticket, is demurrer an option?

[Zigner]

Problems like people barreling down the straight section at 60+ mph just before entering a curve...?

 

[nstymatt]

I'm very familiar with Hwy 9. Spent most of my life up there. Speed limits are set based upon engineering and safety needs. I can only assume that the stretch of road where you were required a 30 MPH speed to avoid problems.

Will have to agree to disagree on this one .For a road that has numerous elevation changes, and curvy and straight sections, I don't see how a single speed limit of 30MPH can cover all of those conditions. But it would be interesting to see the speed survey on that road.

 

[nstymatt]

Problems like people barreling down the straight section at 60+ mph just before entering a curve...?

Well, if going 63mph on an empty, straight and downhill road is "barreling", then I guess you got me there. Then I guess I'd be barreling down any freeway at 63mph as well

 

[Zigner]

Well, if going 63mph on an empty, straight and downhill road is "barreling", then I guess you got me there. Then I guess I'd be barreling down any freeway at 63mph as well

When the posted speed limit is 30 mph, yeah, it's barreling.

 

[nstymatt]

When the posted speed limit is 30 mph, yeah, it's barreling.

For what it's worth, here's the section of hwy9 I was driving on. I'll let you guess where the officer was waiting to pull people over.

https://imgur.com/a/DxzF8b8

If you really believe that 30mph is reasonable for all sections of this road, then hey, hat's off to you. I think it's incredible that you would never exceed 30mph on this road, despite numerous elevation changes and curvy and straight sections

 

[Zigner]

I think it's incredible that you would never exceed 30mph on this road, despite numerous elevation changes and curvy and straight sections

Well, I've never been on the road, and I can honestly say that I probably WOULD exceed 30mph...a little. I aim to keep my speed no higher than about 5-8% above the posted max., and yes, that means I have the cruise control set at 68 or 69 (and monitor it) on a freeway when the speed limit is 65. But 63? C'mon...I'm surprised that you can try to defend that and keep a straight face.

 

[nstymatt]

Well, I've never been on the road, and I can honestly say that I probably WOULD exceed 30mph...a little. I aim to keep my speed no higher than about 5-8% above the posted max., and yes, that means I have the cruise control set at 68 or 69 (and monitor it) on a freeway when the speed limit is 65. But 63? C'mon...I'm surprised that you can try to defend that and keep a straight face.

Hey you know what, come visit and drive the road and let me know what you think of the 30mph speed limit. If you are able to maintain 32.4 mph (30mph + 8%) and actually think that's reasonable, then I'll treat for dinner/beer

 

[Zigner]

Hey you know what, come visit and drive the road and let me know what you think of the 30mph speed limit. If you are able to maintain 32.4 mph (30mph + 8%) and actually think that's reasonable, then I'll treat for dinner/beer

Do your brakes work? Does your transmission down-shift? In other words, is your car mechanically safe? If yes, then the speed CAN be maintained.

 

[nstymatt]

Do your brakes work? Does your transmission down-shift? In other words, is your car mechanically safe? If yes, then the speed CAN be maintained.

With that logic might as well limit all roads to 30mph, right? After all my car has brakes and a transmission and is capable of 30mph on any road

 

[Zigner]

With that logic might as well limit all roads to 30mph, right? After all my car has brakes and a transmission and is capable of 30mph on any road

I'm not sure how you arrived at that conclusion...but, hey, whatever works for you.

 

[nstymatt]

I'm not sure how you arrived at that conclusion...but, hey, whatever works for you.

Well since you brought car maintenance into the argument and didn't actually address my point about 30mph+8% being reasonable or not, I gave you a sarcastic answer using your own logic. That's how I arrived at that conclusion.

Anyways you said that you drive at 8% max above the posted limit. So come down and drive the road for yourself, see if 32.4mph is reasonable for the entirety of that road.

 

[CdwJava]

Will have to agree to disagree on this one .For a road that has numerous elevation changes, and curvy and straight sections, I don't see how a single speed limit of 30MPH can cover all of those conditions. But it would be interesting to see the speed survey on that road.

30 MPH wouldn't cover all of the route and surveys would have to be conducted along each stretch, but I can't think of much of Hwy 9 that would support a 60 MPH speed limit at all. The max it COULD be would be 55, and even that would be dangerous/deadly for 9.

Besides, with VC 22349(b) no survey is necessary.

 

[nstymatt]

30 MPH wouldn't cover all of the route and surveys would have to be conducted along each stretch, but I can't think of much of Hwy 9 that would support a 60 MPH speed limit at all. The max it COULD be would be 55, and even that would be dangerous/deadly for 9.

The entire section of 9 that I screenshotted above is 30mph, unreasonable imo.

Besides, with VC 22349(b) no survey is necessary.

Yes my comment about the speed survey was for my own curiosity. I'm actually wondering what the speed survey would look like for a road like 9. Would you happen to know where I can find these?

From the city of Saratoga speed survey, it looks like they didn't even perform one for 9. But not sure if Saratoga would be the correct city to this.

The circled road in red is hwy9, no speed surveying was done. This is from the city of Saratoga's official speed survey. If this is the case then the entirety of hwy9 is a speed trap. Now I see why the officer didn't cite me for 22350

https://imgur.com/a/JH2JNMn

 

[CdwJava]

Any survey of Highway 9 was likely done by CalTrans, not any of the cities. And while the CITY may not have a copy of that survey, the court almost certainly does.

Again, it's a moot point in your case unless the offense is amended to VC 22350 for some reason.

 

[nstymatt]

Any survey of Highway 9 was likely done by CalTrans, not any of the cities. And while the CITY may not have a copy of that survey, the court almost certainly does.

Again, it's a moot point in your case unless the offense is amended to VC 22350 for some reason.

Yes I'm aware it's not relevant for 22349(b), I mentioned it's for my own curiosity in my previous post. But now that you mention it, I may as well prepare in the event that the ticket is amended to 22350