Cooper

People v. Cooper

Good Law
125 Cal. Rptr. 2d 188
Supreme Court of CaliforniaJuly 10, 20025219673California1,884 words

Opinion

Opinion

KRIEGLER, Acting P.J.

Defendant Robert Cooper (hereinafter appellant) appeals from his conviction of violating Vehicle Code section 22350 (unsafe speed for prevailing conditions).

On December 19, 2000, appellant was issued a citation for violating Vehicle Code section 22350. Following a court trial, appellant was convicted of the charged offense.

This timely appeal follows. On appeal, appellant asserts the following contentions.

1. The trial court committed reversible error by violating appellant's statutory right to a trial by declaration.

2. Appellant was denied equal protection under the law because the officer admitted that everyone drives two or three times the posted speed limit.

3. The officer's admission that he lacked territorial jurisdiction in Beverly Hills precludes appellant's conviction.

4. The judgment should be reversed because the prosecution failed to introduce an engineering and traffic survey, and failed to establish the absence of a speed trap.

We first address appellant's contention that the trial court committed reversible error by denying his request to proceed by way of a trial by written declaration.

California Rules of Court, rule 828 sets forth…

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