People v. Behjat

101 Cal.Rptr.2d 193 (2000) 84 Cal.App.4th Supp. 1 The PEOPLE, Plaintiff and Respondent,

v.

Bahram BEHJAT, Defendant and Appellant.

No. CR.A. 3569. Appellate Division, Superior Court, San Bernardino County.

October 12, 2000. [194] Bahram Behjat, defendant and appellant, in propria persona.

No appearance for plaintiff and respondent.

OPINION

FACTS

Appellant Bahram Behjat was cited on August 6, 1999, for violating Vehicle Code section 22350 (basic speed law).[1] He pled not guilty and the case proceeded to a court trial. The record of court proceedings is contained in the court's settled statement on appeal.

Testifying for the People, Upland Police Officer East said he was on 11th Street watching Mountain Avenue when he saw appellant's vehicle approaching the intersection at a speed he visually estimated to be in excess of 55 miles per hour. His radar beam, which was unobstructed by intervening vehicles, showed appellant was traveling at 59 miles per hour. His radar unit had been calibrated and field checked earlier in his shift. Officer East offered into evidence a document referred to in the settled statement as a "radar speed survey," which the court apparently evaluated and then returned. There was no evidence concerning traffic or road conditions, visibility, the weather, or the posted speed limit.[2]

Appellant testified in his own behalf. He denied speeding, indicating he was traveling at approximately 43 miles per hour. He offered a diagram to show that the officer's vehicle was located in a spot from which he could not have obtained a radar lock on appellant's vehicle.

The court found Officer East had a good field of vision and had obtained the radar reading on appellant's vehicle. The court then found appellant guilty and imposed a $146 fine. This appeal followed.