Legal Opinion

People v. Difiore

Appellate Division of the Superior Court of California

Decided October 14, 1987No. Crim A. No. 24772PublishedCited by 10 opinions

1Opinion of the Court

Opinion

SOVEN, J.

Defendant was convicted of violating the basic speed law (Veh. Code, § 22350).1 The arresting officer testified that defendant was clocked on radar driving 64 miles per hour on a street posted for 40 miles per hour. Defendant then objected on grounds that the officer had failed to lay a foundation, because the officer had not presented an engineering and traffic survey. The court overruled the objection as not timely. The court erred.

In cases in which a defendant is charged with violating the basic speed law, based on evidence that the defendant exceeded a prima facie or…

2Cases cited4 opinions

  1. People v. HalopoffAppellate Division of the Superior Court of California · 1976
  2. People v. BighinattiAppellate Division of the Superior Court of California · 1975
  3. People v. PetersonAppellate Division of the Superior Court of California · 1986
  4. People v. MillerAppellate Division of the Superior Court of California · 1979

3Cited by10 opinions

  1. People v. GouletAppellate Division of the Superior Court of California · 1992
  2. People v. CooperAppellate Division of the Superior Court of California · 2002
  3. People v. CooperCalifornia Supreme Court · 2002
  4. People v. SinghAppellate Division of the Superior Court of California · 2001
  5. People v. StudleyAppellate Division of the Superior Court of California · 1996

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