Defendant was cited for violation of Vehicle Code section 22350, unsafe speed. It was a radar ticket for 50 mph in a 35 mph zone.
At trial the officer's own testimony proved that at the time, place and under the conditions then existing, the appellant's vehicle posed no danger to anyone or anything. (Obviously the Commissioner has not learned anything from the case that earned him his first Iggy.)
Defendant also noted that the survey had a critical speed of 43 mph and no notes regarding unusual conditions; therefore, it could not justify the posted 35 mph limit and this was a speed trap. The Commissioner's response was to ask the police officer (who is not a traffic engineer) for his perception of unusual conditions.
The Commissioner took the matter under "submission" and mailed a verdict of conviction.
The Appellate Division ruled, "Since the traffic survey did not justify the posted lower speed limit... the court was without jurisdiction to render the judgement of conviction."