Farleigh
People v. Farleigh
Opinion
Lead Opinion
DAVID A. HOFFER, Judge *13 Defendant/Appellant Tamara Sue Farleigh appeals her conviction of violating Vehicle Code section 22350, the Basic Speed Law. 1 *14 FACTUAL AND PROCEDURAL HISTORY
On September 9, 2015, at approximately 4:35 p.m., Officer Cody Bates noticed defendant was smoking and holding the cigarette out of the left window while driving. The officer also saw that she was holding a cellphone in her right hand and looking down at the screen, which was activated. The defendant was traveling 45 miles per hour approaching a busy intersection with numerous restaurants and shops and with no hands on the steering wheel. The officer initiated a traffic stop. The defendant told the officer that she was using her cellphone for GPS navigation.
The officer testified that the weather was dry and clear, there was no water on the roadway, traffic was heavy, and the posted speed limit was 50 miles per hour. Finally, when asked whether the defendant's speed was "appropriate for roadway conditions," the officer responded "If you're speaking of the roadway itself and not the conduct of the driver, 45 miles per hour would be appropriate for that roadway." The officer cited the defendant…