Legal Question in Traffic Law in California

What you call a "ticket" we lawyers call a "citation," the mandatory Judicial Council Form TR-130. There are instructions for the use of Form TR-130, a Judicial Council Form called TR-INST. It is available on the www.courtinfo.ca.gov/forms website (but is, curiously, not available on the new courts.ca.gov website). Form TR-INST has the force of an official Cal. Rule of Court. Section 6.180 of Form TR-INST states: "The Notice to Appear must state the offenses charged." Section 6.190:. "A Notice to Appear charging a speeding violation must specify the approximate speed, prima facie or maximum speed, and any other speed limit exceeded." (a) The "safe speed" box is provded so that the officer can indicate a speed different than the maximum or prima facie (posted) speed when the Notice to Appear is prepared charging a violation of the Basic Speed Law (VC 22350). Conditions affecting the safe speed limit should be noted on the Notice to Appear (e.g. fog, rain, etc.). (b) When a speed violation is charged, both the approximate speed and the prima facie speed applicable to the street or highway should be indicated. (c) Entry of the maximum speed limit pertaining to the particular type of vehicle, or combination of vehicles, is only required if the defendant is cited for exceeding the speed limit for that vehicle.

Whether the obviously incorrect (switched) information in the boxes violated Cal. Rule of Court TR-INST, or otherwise created a due process violation, thus invalidating the citation, is up to your local judge.

It appears that the cop gave you a break, because there is a separate VC section, 22356(b), which provides that the state maximum speed limit is 70 MPH. Those tickets are harder to fight because all they need to prove is that you exceeded 70 MPH instead of the requirement of Section 22350, which requires proof that your speed was "unsafe." You could also have been charged with reckless driving.

In other words, if you can go to traffic school and keep this away from your insurance company, do it. Otherwise read "Fight Your Ticket."