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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Speeder In San Jose, California

    Rec'd a speeding ticket in San Jose 1/8/2008, ticket was doing 39 in a 25 mph zone. The ticket refers to a Lidar was used. I asked the officer if I could see some evidence and I was told that I would have to go to Traffic Court. Upon request is the officer obligated to produce the evidence????? I would like to fight this ticket because I was traveling with 2 others vehicles doing the same speed.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speeder In San Jose, Ca

    Quote Quoting JWEEDCO
    View Post
    Upon request is the officer obligated to produce the evidence????? I would like to fight this ticket because I was traveling with 2 others vehicles doing the same speed.
    No, the officer does NOT have to show you the device used to capture your speed. You DO have a right to request all the information on the device (calibration, maintenance, officer's training on, etc.) in discovery, though.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jan 2008
    Posts
    100

    Default Re: Speeder In San Jose, California

    Please look at VC40802:

    40802.
    (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.
    (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.
    So... was this a local road? Remember, the burden is on the prosecution to show that a speed trap did NOT exist.

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