There are many misconceptions when it comes to a speed trap ticket. Often
a person will call us to help with a speed trap ticket when in fact, it
was not a speed trap at all. A CHP car or motorcycle hiding behind a sign
or on an off ramp using radar to catch speeders is technically not a speed
trap; it is just a sneaky technique used to issue citations. However,
speeding tickets issued in a true speed trap in California can be fought,
and won, to evade the ticket landing on your record.
A California speed trap is a portion or section of roadway that is used to lower vehicle speeds for a Traffic and Engineering Study, but was not completed in accordance to the rules and regulations. The California vehicle code 40802 specifically outlines the definition of a speed trap and the regulations required.
Illegal Speed Traps
California has strong laws against illegal speed trap tickets. In fact, under California vehicle code 40801, it states:
No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
This means that speeding tickets issued within an illegal speed trap can often be dismissed. However, to pursue this in court, you need detailed information on the Traffic and Engineering Study and must understand when it can be used to fight a speeding ticket. There are many different approaches and angles to fighting a speed trap ticket which require intimate knowledge of the law, that an experienced California traffic attorney can provide.
If you are issued a speeding ticket in Kern County, Mono County or Fresno County, it is worth investigating whether it could be an illegal speed trap ticket. Don’t pay the fine and have points added to your record without first seeking the advice of one of our qualified traffic attorneys at Bigger & Harman, APC.
Legal Advice for Speed Trap Tickets
If you believe you may have been a victim to an illegal speed trap ticket, call our office in Bakersfield today at 661-349-9300 or en español, llame al 661-349-9755. One of our knowledgeable traffic attorneys can discuss your case with you during a free consultation.