California Speed Traps are Illegal

The Police can't use speed traps when citing you for speeding (CVC22350), while using radar. The police have the burden of proving as a part of the prima facia case at trial that a certified engineering survey justified the posted speed limit on the local road (i.e. 85% of the flow of traffic). Obtain a copy of the survey at the engineers office in the city in which the road is located.

If the police fail to bring a competent certified survey, they often fall back on their personal observations of the speed due to training and experience. They claim they made a visual estimate that you were in violation. Object, because under CVC40804 the officer is not competent to testify and the court has no jurisdiction to convict.

Make objections when evidence is being shown to the judge or introduced by testimony. For a good review of speed trap law, see one of the newest cases in this area; People v. Earnest (1995) 40 Cal Rptr. 2d 304.
 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.