Last week I was given a ticket for going 45mph in a school zone ( near a public high school) I understand the trafic laws but in my defense, even though it was 20 min before school, there were no students in sight (except for one J walker). In addition, the street that I got a ticket on was a main street.
The signs say " 25mph when children are present"
Do you think that if I made a video of the street during the same day and time of my ticket to show that there were no students around, and I was going at the flow of regular trafic, that I could have my ticket removed.
This is my first ticket...and to make matters worse, I was going to work at the schooll where I got a ticket. please give me some advise.... thanks
CGIV762007-11-22T20:02:30Z
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If you can prove what you are saying, and show that there were no students present, then you have an excellent defense. Just out of curiosity. Was the J walker a student?.
If you weren't going to the school you might have a chance, but knowing that there should be children present makes your chances of video proof pretty unlikely - especially since you would have only evidence from one other day and the judge accepting statistical (10 days) seems small even if you happened to have the time to collect it. A picture of the sign might prove something because I don't think it is a proper statement of the law. It should say something like "25 mph from 7:30 to 9:00 am, 3:00 to 4:00 pm when children are present." Oklahoma enforces school speed limits all day on any designated school day and you better know those from elsewhere, not just because children are present. If Calif. has the sloppy law, then lack of children present or the police swearing that children were present becomes a factor. If you have a preliminary hearing thing, make sure everyone who should be there is and if they aren't, ask the case be dismissed. I once paid a fine and learned later that the failure of the complaining official to be there with pictures, so I could see what I was up against, was enough to throw the case out (not traffic in this case.)
Vehicle Code section 22352 provides that the prima facie 25 mph speed limit applies ONLY 1) while children are going to or leaving the school, AND 2) during school hours. (It also applies during school hours if the grounds are not separated from the street by a fence or other barrier while the grounds are in use.) If you can show that this was NOT during school hours, then that limit will not apply. (Otherwise, how do you know that jaywalker was not a student?)
However, that does not mean that your 45 mph was proper. CA uses the basic speed law, requiring any speed to be safe and prudent for the circumstances. One question, then, will be what limit applies on that street when school is NOT in session. If that is 45 mph or higher, you may have a good case.
This sounds so familiar as my mother works in a school and got the same kind of ticket.
I would say pay the fine and let it be..Honestly, when driving near ANY school, you should drive very slow (students oresent or not). I wouldn't fight it - You will end up feeling like a complete jerk in front of the judge.
I'm sure you weren't driving like and idiot and only doing the same as others at the time but 45 near a school zone is a hard defense.
I used to be a speed demon but have learned to take it slow, let others cut in front of me and be pretty laid back on the road.
Slow it sown....people really do get killed - We have 3 fatalities in my town a few weeks ago - similar scenerio. Seemed like "no ones fault...but people got killed. Big mess.
Good luck and my best advise it to allow yourself more time in the morning. You'll be more relaxed and drive slower
All school is still considered in session until 30min after and 30min before the bell rings. You should go to court. You have to be prepared for what you want to say. Take pictures of the sign and the street names. If you show up and so does the officer you have to be prepared. If the officer doesn't show up you are let off the hook.