05-14-2011, 06:22 PM
Lord Galva:
Sorry, I was out of town in Key West when you posted your question and never saw it until now. If you get a radar ticket on a street or road, (this doesn't work for freeway tickets), ask for a trial. Then, before the trial, call city hall or county offices of the the jurisdiction where you got your ticket and ask where the traffic surveys are kept. It will be at some city or county office - it varies from city to city, etc. Get the survey for the stretch of road where you got your ticket. Review it carefully to see if it has the information required by the code.
The rules for use of radar are found in Vehicle Code §§40800 et seq. It requires that a valid Engineering and Traffic Survey justifies the speed limit. Significantly, "Engineering and Traffic Survey" is defined in Vehicle Code §627 to include:
"(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver."
I've never seen a survey that includes the third element. Without it, the survey in invalid and the use of radar is an illegal speed trap. Also, without the valid survey, not only is radar inadmissible, but the officer is rendered incompetent to testify. In addition, many traffic courts have a big book with copies of all the traffic surveys. Unless they are certified, (and they rarely are), these copies are inadmissible under the "best evidence rule". If you want more info, contact me and I'll be glad to answer any questions. I'm not far from you, my office is in Oakland.
Bill
Sorry, I was out of town in Key West when you posted your question and never saw it until now. If you get a radar ticket on a street or road, (this doesn't work for freeway tickets), ask for a trial. Then, before the trial, call city hall or county offices of the the jurisdiction where you got your ticket and ask where the traffic surveys are kept. It will be at some city or county office - it varies from city to city, etc. Get the survey for the stretch of road where you got your ticket. Review it carefully to see if it has the information required by the code.
The rules for use of radar are found in Vehicle Code §§40800 et seq. It requires that a valid Engineering and Traffic Survey justifies the speed limit. Significantly, "Engineering and Traffic Survey" is defined in Vehicle Code §627 to include:
"(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver."
I've never seen a survey that includes the third element. Without it, the survey in invalid and the use of radar is an illegal speed trap. Also, without the valid survey, not only is radar inadmissible, but the officer is rendered incompetent to testify. In addition, many traffic courts have a big book with copies of all the traffic surveys. Unless they are certified, (and they rarely are), these copies are inadmissible under the "best evidence rule". If you want more info, contact me and I'll be glad to answer any questions. I'm not far from you, my office is in Oakland.
Bill