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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I received a speeding ticket, citing CVC 22350. I think the

Customer Question

I received a speeding ticket, citing CVC 22350. I think the officer erred in citing the proper code. Do I have a defensible case when I plead not guilty? I was allegedly traveling at 44 mph in a 25 mph zone. It was a bright and sunny Sunday afternoon with no traffic and no pedestrians in the area. I was one block away from my destination. The officer pulled me over approximately 2 or 3 blocks from the senior center (hence the 25 mph zone).
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I have looked up the code and it appears valid. What specifically did you think you were supposed to be cited for, if not this code that you feel you have grounds to challenge? Please advise.
Customer: replied 2 years ago.
CVC 22352, which specifically mentions traveling at a speed of 25 in an area where a senior center is located. I was cited for "unsafe speed for prevailing conditions." There were no prevailing conditions. There was NO ONE on the street, other than the officer and myself at the time, the weather was clear and sunny, and visibility was clear as well. I was well beyond the senior center when I was stopped. Besides, the officer had to accelerate well above 45 to get to me. I know that's not an excuse, but I was just kidding.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, thank you for your patience. Both 22350 and 22352 are prima facia tickets for speeding. Both place a point on your license. And arguing that you were cited wrong won't work because the 22350 simply focuses on a 'prudent' speed, which you did not have if you were traveling 19 miles above the speed limit. 22352 is generally used where there is a speed zone, such as a 25 MPH school zone but has different speed limits otherwise. Both do the same thing, and you won't have a real argument that the officer made a mistake. This is a valid ticket. Sincerely, ***** *****