Lowe

Appellant, James Lowe, was cited for violating Vehicle Code section 22356, subdivision (b)—exceeding the maximum speed of 70 miles per hour (mph). He pled not guilty and the case proceeded to a court trial on April 24, 2002. The facts are taken from the settled statement on appeal.

California Highway Patrol Officer Leo Lopez testified he was driving northbound in the No. 1 lane of Interstate 15 at Oak Hill. Because he was pacing a vehicle ahead of him, he was maintaining a speed of 80 mph. He then observed appellant's vehicle behind him in the No. 2 lane, moving so rapidly that it overtook and passed him. Officer Lopez proceeded to pace appellant's vehicle at 85 mph, after which he stopped appellant and cited him.

The officer said his speedometer had been calibrated per California Highway Patrol (CHP) policy, and he testified to the calibration results. [1] When appellant interposed a hearsay objection, the court sustained it as to the calibration results but admitted the testimony to show the CHP has a business practice of periodically calibrating speedometers in its patrol vehicles. [2]

At the conclusion of the prosecution's case, appellant unsuccessfully moved for dismissal…