Defendant was cited for violation of Vehicle Code section 22350, unsafe speed. It was a radar ticket for 51 mph in a 35 mph zone.
Defendant submitted a pre-trial motion for dismissal noting 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 ruled against the motion saying they can set it a few miles lower than 5 miles below the 85th percentile.
At trial, the officer admitted the appellant's vehicle posed no danger to any person or property, and said he agreed with the ruling in People v Behjat (which reversed a conviction for 59 in a posted 40).
In spite of the speed trap and the officer's testimony, the Commissioner found the defendant guilty.
The San Jose DA's Response Brief not only agreed with the Appellant, it even added supporting precedents he hadn't quoted.
Needless to say, the Appellate Division reversed Commissioner Madden again.