Defendant was cited for violation of Vehicle Code section 22350. The officer checked radar on the ticket.
The particular section of highway involved in this case had a posted limit of 45 mph, and a critical speed on the survey of 50 mph. The survey gave no reason for lowering the limit from the 50 mph limit indicated by the 85th percentile speed of 50 mph. Further, the survey was deficient in that it did not have the required data to determine what percentage of drivers were made violators.
On appeal the court found:
The engineering and traffic survey in this case did not justify the posted speed limit; and therefore, the citing officer was not competent to testify as to defendant's speed, and the trial court lacked jurisdiction to convict defendant. (Veh. Code, § 40801 et seq.)