someone asked over on the radio on yes/no thread about just what was a speed trap - so i thought i'd start answer it as a new thread over here as i'm sure we all have our opinions about speed traps ($@##!!)
contrary to popular belief, speed traps have nothing to do with whether the officers are hiding, posted signs are hard to read, etc. speed traps come under the Illegal Evidence section of the CVC if anyone wants to look (
http://www.leginfo.ca.gov/cgi-bin/ca...=veh&codebody=)
prohibition on use - CVC 40801:
40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
definition of - CVC 40802:
*note-this section is rather huge and has a number of clauses, so i've snipped out and only posted here a couple most relevant sections. i'd go read the rest if you're really interested.*
40802a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
***comment-therefore, any aerial surveillance ticket issued to you is illegal. the only thing an aerial spotter can do legally is call in a patrol car who must then independently verify your speed. many times, all the patrol car does is show up based on the call of the aerial spotter. if you are speeding, see a plane, slow down, and then a patrol car shows up to pull you over, you've got a winning case as long as the police officer does not lie and state he did pace you.
(2) **this section is huge and has a lot of legal mumbo jumbo - what it amounts to in plain english is that any particular highway with a posted speed limit must have been surveyed within the last 5 years from the date you were ticketed to establish an 85th percentile speed of traffic based on usage by drivers. if the posted speed sign/limit set by the city, county, etc. is lower than this 85th percentile gauged by the traffic survey, than they can write all the tickets they want but if you challenge it, you'll win automatically. the prosecution (not you), the burden of proof is upon them if you challenge the posted limit as a speed trap, must prove that the posted speed limit is within that established by the traffic survey and/or any other engineering survey that provides for mitigating circumstances to lower the posted speed limit from the established survey.
another huge section is regarding the legal use of radar detectors or any other device that measures speed. again, it's my summary of it in plain english so go read the full CVC for your own interpretation. in essence, radar detectors (and other speed measurement devices) are only legal on "local streets and roads", and on sections of highways were a valid traffic survey has been done within the last 5 years. so the first thing you should ask if contesting a speeding violation on a highway is for the prosecution to prove that the section you were on had been surveyed on the last 5 years. if you happen to be the lucky guy that was 20ft outside of the surveyed zone, you're off totally free.
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