Page 1 of 7 1 2 3 ... LastLast
Results 1 to 10 of 65
  1. #1

    Default Is it a Speed Trap for Police to Monitor Traffic

    My question involves a traffic ticket from the state of: CA

    We were driving highway. I was not the driver, my husband was. As soon as we made a turn I observed a police car standing at a side road. Immediately I warned my husband, and although he was not speeding in a first place, he slowed down some more. As soon as we passed the police he went after us, and stopped up in a few seconds, where there was a convenient place to stop.
    Is that a speed trap?

    Thank you.

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Speed Trap

    You saw him in time to warn your husband.

  3. #3
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Speed Trap

    No, it is not a sped trap.

    Without getting into complicated legal language, in California, a speed trap is one of two things:

    1. The speed of a vehicle is calculated by securing the time it takes the vehicle to travel between two fixed points on the highway that have been measured as to distance, or

    2. Radar or another electronic device is used to measure the speed of a vehicle on certain (but not all) roads where a traffic survey has not been conducted within the past five years.

  4. #4

    Default Re: Speed Trap

    Quote Quoting L-1
    View Post
    No, it is not a sped trap.

    Without getting into complicated legal language, in California, a speed trap is one of two things:

    1. The speed of a vehicle is calculated by securing the time it takes the vehicle to travel between two fixed points on the highway that have been measured as to distance, or

    2. Radar or another electronic device is used to measure the speed of a vehicle on certain (but not all) roads where a traffic survey has not been conducted within the past five years.
    Well let's make it complicated please.

    Here's the law:

    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.
    So let's firs talk about #1 please.
    Would you agree that it is really easy to measure the distance between the curve and the side road the policemen was standing at?
    Now, the law states that "may be calculated by securing the time it takes the vehicle to travel the known distance." (my bolding.)
    It does not state it "had to be calculated", or "it was calculated" it only stats "may be".
    So, do you still believe my situation is not falling under #1 speeding trap defection?

    Let's talk about #2 of the law. You did not have enough info, to make the conclusion that my case is not qualified under that paragraph. The only thing I am not sure of, is when the survey was made on that road, but if it was made more than 5 years ago, I think I'd have a perfect fit: The speed was measured by a laser, and the road is under prima facie speed limit.

    So what do you think now?

    Thank you.

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Speed Trap

    What CVC was your hubby cited under? The speed trap defense is not applicable to all speeding cites in CA.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speed Trap

    Quote Quoting alicesmith
    View Post
    So, do you still believe my situation is not falling under #1 speeding trap defection?
    An argument that the speed trap statute applies in every single context because it is always possible to measure distance? It's a cute argument, but it's a loser.

  7. #7

    Default Re: Speed Trap

    Quote Quoting free9man
    View Post
    What CVC was your hubby cited under? The speed trap defense is not applicable to all speeding cites in CA.
    He was cited under 22350 vc

    Quote Quoting Mr. Knowitall
    View Post
    An argument that the speed trap statute applies in every single context because it is always possible to measure distance? It's a cute argument, but it's a loser.
    Isn't it a burden of a prosecution to prove there was no speed trap used?

    Thank you.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Speed Trap

    Quote Quoting alicesmith
    View Post
    He was cited under 22350 vc


    Isn't it a burden of a persecution to prove there was no speed trap used?

    Thank you.
    "Persecution"? Do you feel persecuted?

    No, the burden is on the prosecution to prove your husband was speeding.

    The burden is on your husband to prove that there was a speed trap issue or any other defense.

  9. #9

    Default Re: Speed Trap

    Come on it was just misspelling.

    - - - Updated - - -

    One more question. May I defend my husband in the court?
    Thank you.

  10. #10
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Speed Trap

    Quote Quoting alicesmith
    View Post
    Come on it was just misspelling.

    - - - Updated - - -

    One more question. May I defend my husband in the court?
    Thank you.
    Are you an attorney? No? Then, no, you may not 'defend' your husband in court.

    1. Sponsored Links
       

Page 1 of 7 1 2 3 ... LastLast

Similar Threads

  1. Speeding Tickets: Engineering and Traffic Survey Review for Speed Trap Defense
    By Raider_83 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 07-29-2013, 08:53 AM
  2. Civil Rights Issues: How to Sue the Police for Running a Speed Trap
    By spacefrogg5 in forum Civil Rights
    Replies: 5
    Last Post: 02-06-2011, 12:38 AM
  3. Speeding Tickets: California Speed Trap Defense and Traffic Survey Date
    By snake in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 10-29-2009, 06:39 PM
  4. Speeding Tickets: Speed Trap, Police In View?
    By adevadancer in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-23-2008, 05:28 PM
  5. Police Running A Speed Trap While Parked At A Stop Sign
    By darkcrow in forum Police Investigations
    Replies: 1
    Last Post: 04-09-2007, 08:13 AM
 
 
Sponsored Links

Legal Help, Information and Resources