San Diego LIDAR Speeding Ticket

[johnworthington]

My question involves a speeding ticket from the State of: California

I was cited for 22350 for going 44 in a 25 zone in San Diego. There were 3 officers pulling cars over, with two LIDAR guns. They were having a good time together, laughing, joking, etc. I saw them pull over 3 to 4 other cars while I was being written up.

My citation says CLDY, DRY, MED traffic and that I was gunned at a distance of 500ft.

As I approached the speed trap I was going down hill with traffic in front, behind and opposing me on a two lane residential street.

Under those conditions would it be possible that the officer gunned a different car or that the LIDAR was inaccurate? Is there a legal argument for me that would call into question the validity of the LIDAR readout?

[EWYLTJ]

Accuracy of the lidar should not be your primary defense. You should look to see if there is a speed survey or the road and look into a speed trap defense.

[That Guy]

As I approached the speed trap ...

You don't know if it's a speed trap or not...

Here's a definition of a speed trap:

CVC Section 40802

(a) 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.
(2) A particular section of a 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 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit 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 or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone.

[johnworthington]

I've been looking into the speed trap defense, but I was on a local (residential) street (25mph) limit. The road has stoplights less than 1/2 mile apart, so I'm not sure it qualifies for a speed study.

[johnworthington]

40802 (a) (2): A particular section of a highway with a prima facie speed
limit...This paragraph does not apply to a local street, road, or school zone.

40802 (b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.

I went back to the location and measured the road (40ft), it has stop lights less than one-half mile apart and only has one traffic lane in both directions. It meets all the criteria of a local road.

As a result I don't think the speed trap defense can be used. Am I reading 40802 incorrectly?

[EWYLTJ]

When you say the road is 40ft, does that mean almost 40 ft or a bit over 40 ft?? I have a hard time believing it is exactly 40 ft.

Regardless, you need to understand that the burden is on the prosecution to show that it IS a local road... it is NOT your burden to show that it is not. So, unless the cop comes in with specific evidence that will withstand the scrutiny of cross examination, he would fail in the assertion that it is a local road. I wouldn't give up on that argument, it still has much merrit.