Speed traps in California are defined by the California Vehicle Code 40802 VC as a section of a highway where either the speed of a vehicle may be calculated by counting the time it takes to travel between two marked points, or where there is a marked speed limit that is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar. An engineering and traffic survey is a study performed by traffic engineers to evaluate the speed limits on a particular road and make recommendations on how they should be set.
According to California Vehicle Code 40803(a), the speed of a vehicle obtained or determined by use of a speed trap cannot be admitted into evidence as either circumstantial evidence or direct evidence. This means that if a person receives a speeding ticket issued in a speed trap, they may be able to challenge the evidence against them and avoid a conviction. The speed trap defense is raised at trial.
It is important to hire an experienced criminal defense attorney to fight your traffic ticket because they have a deep understanding of the law and know how to effectively challenge the evidence against you. An experienced attorney can also negotiate with the prosecution to get the charges reduced or even dropped. Having a skilled advocate on your side can help you avoid the consequences of a conviction, such as points on your license, increased insurance rates, and fines.
Please feel free to contact my office for a free consultation and case evaluation.