
THE APPELLATE COURT SAID
Yes In a prosecution under the basic speed law (Vehicle Code 22350), the record must contain substantial evidence from which a fact finder could conclude that the defendant drove at a speed that either endangered people or property or was unreasonable for the driving conditions. If the section 22350 charge rests on an allegation that defendant exceeded a posted or prima facie speed limit, the People must introduce into evidence or permanently lodge with the court a certified copy of a traffic and engineering survey, made within the past five years, justifying that speed limit.
The California Appellate Court's opinion was published on May 11, 2001 as People v. Huffman.
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Copyright © 2001, Law Offices of George A. Boyle