I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he wrote me for 80 mph and even alleged that I said that I "usually go 80." We went back and forth with questions but I ultimately lost.
The judge then said that he finds me guilty for going 90 mph and that I owe another $150 but he'll offer me traffic school and suspend the extra amount pending I don't get another ticket within the year. The oficer never said anything about amending the ticket whatsoever. When I asked a question regarding what I was being found guilty of and stated that said ticket was for 80, the judge quickly stated "well I found you guilty of going 90 mph." Are judges allowed to do that?
I'm aware that officers are allowed to amend tickets even during the trial but is the judge allowed to independently create another/increase the charge?
The officer did nothing to prove that I was going 90 (aside from one statement), all of his defense was to prove that I was going 80 mph, which is what was cited for on the ticket. Is the judge allowed to act as prosecution?