The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Award Recipient. Other Information. Criminal Defense Articles. Or are you facing a DUI after the officer pulled you over for speeding?
Was it for violation of of the Vehicle Code unsafe speed for conditions or a more specific code section? Do you think the area of roadway where you were stopped was a speed trap? In other words, for example, it is a long, straight area of roadway that is slightly downhill and it is not only safe to go fast, but easy to speed through? Did the police officers sit near this area and just pull over everyone, it seemed? Was it daytime? Was there no other traffic in the area? Were the roadways dry?
Was visibility excellent? The area of roadway may indeed be such a speed trap, but more information is needed. It is first good to know when a speed trap really is a bad argument.
DiFiore Cal. If the traffic stop was for speeding and it was not otherwise covered by one of the aforementioned Vehicle Code sections, it indeed may have involved a speed trap.
Even if the survey was conducted within the required time frame and it justifies the speed limit, the prosecution must provide the court with either the original survey or a certified copy per People v. Earnest 40 CalRptr 2d , otherwise the survey is "hearsay" and not admissable.
If you can prove that your case involves the use of a speed trap, then the officer is "incompetent as a witness" per CVC , and the court is "without jurisdiction to render a judgment of conviction" per CVC The law can be your friend.
If you get a case dismissed because the court rules that it was an illegal speed trap, you have an interesting option. This paragraph does not apply to a local street, road, or school zone. B Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section C Not more than one traffic lane in each direction. B When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph A and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
C i The prosecution proved that the arresting officer complied with subparagraphs A and B and that an engineering and traffic survey has been conducted in accordance with subparagraph B of paragraph 2.
The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph D. D The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
B i A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph A of paragraph 2 of subdivision a of Section , or established under Section , , , or II If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years.
It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section is sufficient regulation as to such conditions.
To successfully use the speed trap defense: Decide whether the road qualifies. It must have a prima facie speed limit i.
It cannot be a "local street or road" see b below. To determine whether or not the road is a local road, you can use the California Road System Maps provided by CalTrans. If the road is shown on the map and does not have a classification 09 or 19 it is not a local road.
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