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Judge James Hahn

Defendant was cited for violation of Vehicle Code section 22350, the Basic Speed Law, specifically 50 mph in a posted 35 mph zone.

The case involved radar, so the officer produced a survey as part of his testimony. The survey justified a posted limit of 40 mph, but cited "RESIDENTIAL AREA" as the reason for a 5 mph reduction to a 35 mph limit.

Under cross examination the officer testified that, "the residential area of the neighborhood adjacent to the roadway was readily apparent," per the decision issued by the Appellate Division.

Citing Vehicle Code ยงยง 627(b)(3) and 22358.5 the Appellate Division ruled that, "The fact the location was a residential area did not support the reduction."

The case was reversed as an illegal speed trap.

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