VC22350 violation for unsafe speed but the no speed limit posted in the section of road where the violation took place?

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I received a VC22350 violation for unsafe speed three months ago and finally just now received the materials for my discovery request. The material includes a copy of the officer's citation (w/ blank back page with no notes), the officer lidar training certificate, the calibration certificate, and road survey. The road survey was conducted more than 7 years ago but has recent evaluation that no significant change in condition had occurred. In the section of the road where the survey was conducted, there is no speed limit sign posted between the start of the section to the place where the violation occurred. The only posted sign is past where the officer was parked. If the unsafe determination is based solely on the prima facie speed limit, is no sign posted a viable defense?

Attorney Answers

3
Andrew Roberts ·
A 22350 is based on unsafe speed for prevailing conditions. See People v Behjat Andrew Roberts
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Sarkis Sirmabekian ·
You wisely base your question on the following condition: "IF the unsafe determination is based solely on the prima facie speed limit..." VC 22350 reads "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." The code section makes no mention of a posted speed limit.
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