upflying Posted June 3, 2007 Share Posted June 3, 2007 In California, local speed limits must be justified by a speed and engineering survey if the officer is using radar or laser to enforce the speed limit. This prevents a small town from setting up a "speed trap" of something like 25 mph on a four lane highway. Engineering speed surveys check the speed of 100 vehicles and if the "85th percentile" is 3-5 mph above the posted speed limit, the law requires the speed limit be raised. The survey also takes into account accident history, road condition and proximity to developed areas. This is where you could argue that your safe speed was justified even though you were driving above the posted limit. You may be able to successfully argue that going 45 mph in a 35 mph zone in a commercial area at 3am was safe, prudent and reasonable due to the lack of traffic and pedestraians. I would not write such a speed ticket but it could be used as probable cause for a DUI investigation. Link to comment
outpost22 Posted June 4, 2007 Share Posted June 4, 2007 particularly fast in SoCal and Nevada, particularly slow in Oregon. Dave That's why we have bumper stickers that read: "Slow Down- Isn't that why you moved here?" Link to comment
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