I just gotten and read a correctly indented version of cvc 40802 (from Aaron see my other thread, thanks Aarron). I need help in fully understanding this law or how to read it correctly.
I was told from several sources that cvc 40802 or the "speed trap defense does not apply if you are charged with 22349b even if a radar is used, specifically the traffic engineering survey are not required. The CHP in the answer to my discovery specifically said that an engineering survey has not been done and not require because I was charged with 22349b.
It seem from reading 40802 the section marked (ii) [the exception clause] that if you were charged with 22349b using a radar they do not need to proved that you’re driving was unsafe but still must have an engineering survey, completed 24 hours training on the use of radar, their radar must meet, National Traffic Highway Safety Administration standards, and be calibrated.
Help me understand this law, what is your legal opinion on this and what would be your reasoning?