Basic Speed Law Case Study

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My Statement of Facts I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a). This is the facts in my case #S154485, on a citation given to my by Deputy Rivas Badge ID#4615 with the Santa Barbara Country Sheriffs Department on October 25, 2013 at approximately 10:35 P.M. While driving southbound on 101??? freeway, just between Pattersen Avenue and the 154 Offramp??., at around 10:35 on 10-25-2013, I noticed a fast moving car approaching me from behind along the highway. At this time, I was observing California’s Basic Speed Law CVC 22350 given conditions and visibility available to me at the time, and following the normal traffic flow. I noticed the…show more content…
Section (b) of Speed Law Violations, CVC 22351, states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing." As I mentioned earlier, road conditions were favorable, and being an evening on a Friday night made for easy and brisk driving, with traffic being light. Because of this, my decision made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se

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