California Speed Trap Law - Unjustified Speed Limit

**zaqweewqaz** · 03-14-2010, 09:38 PM

Hi Everyone, I have couple questions regarding to speed trap laws. I hope some of you experts can help me.

I have been reading CVC 40800 - 40808 because I recently received a speeding ticket.

Due to the lack of experience in the law field, I don't quiet sure my point here is valid:

If a ticket is received due to Speed Trap on California highway/freeway(not local) with speed limit lower than 65 then the ticket should be dismissed? (measured by radar)

Now, the tough part is the paragraphs that describe the speed trap. I was on a California highway (speed limit 55). However, from the traffic survey it stated the 80% percentile is 67. Does this mean where I got a ticket was indeed a speed trap?

If what I learned is indeed true then does this mean even if i was driving above the speed limit(70), since the speed limit is not justified(speed trap) the ticket can be fought and won easily?

Any advice is appreciated!

BTW, if i were to fight the ticket, should I do a mail in or show up in court?

**That Guy** · 03-15-2010, 02:47 AM

Quoting zaqweewqaz

I was on a California highway (speed limit 55). However, from the traffic survey it stated the 80% percentile is 67. Does this mean where I got a ticket was indeed a speed trap?

It would depend on what vehicle code section you were cited for AND whether the survey lists reasons that justify a speed limit reduction from the 85th percentile speed (not 80th)... (See CVC 627)

So why don't you list any speed related information from the citation ("Speed Approx.", "P.F./Max Spd", "Safe"), tell us what CVC section you were cited with, and scan and post the E&T survey that you received.

Quoting zaqweewqaz

BTW, if i were to fight the ticket, should I do a mail in or show up in court?

Either way, however, keep in mind that if you enter a plea by mail, then that can be construed as your waiving your right to a (speedy) trial within 45 days of your plea.