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warmomma

traffic laws

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Not true.  The speed trap laws of California prohibit a radar patrol officer taking radar-speed readings off the main thorough way. The officer must be on a surveyed street/hwy.   Cannot be on another street out of sight.  The main purpose to have radar units is to deter speeding, so they have to be in sight of the motorist they are taking a speed reading. Speed trap laws prevent municipalities from using radar as a revenue collecting agency.

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Not true.  The speed trap laws of California prohibit a radar patrol officer taking radar-speed readings off the main thorough way.

 

The California Vehicle Code, Division 17, Chapter 3, Article 1, Sections 40801, 40802; covers the issue of "speed traps." 

 

This doesn't have anything to do with what the OP asked about (although I do note that the person who cited the two CA VC sections is not the person to whom "adjusterjack's" question was directed.

 

In any event, first of all, we have no idea if the OP is in or concerned about California.  Second, CA  VC 40801 prohibits (without exception) "speed traps."  VC 40802 defines "speed trap" as either of two things:  (1) the calculation of speed by dividing the length of a particular stretch of road by how long it takes a car to travel that stretch of road; or (2) "the use of radar or any other electronic device that measures the speed of moving objects" to determine the speed of a vehicle on a stretch of road "with a prima facie speed limit that is provided by this code or by local ordinance . . . 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."  Neither section says anything about where the officer must, may, or may not be located while taking radar readings.

 

So, "jwiz123," do you have any actual statutory or case law (in CA or otherwise) to back up anything you wrote in your previous response?

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Hi warmomma,

 

Like PG said, the legal definition of "speed traps" is pretty specific -- and usually not what we usually think of when we think of speed traps (i.e. an officer "hiding" behind a curve in the road or on the other side of an overpass). To give you an idea of what exactly a speed trap is in legal terms, please take a look at this excellent blog post that directly addresses the topic:

If you'd like to discuss your situation in more depth and with more details, an experienced traffic law attorney would be able to answer your questions and determine whether you have a case. You can find traffic law attorneys in your area using FindLaw's lawyer directory.

 

You might also find the following articles to be an interesting read:

Thanks for stopping by!

 

The FindLaw.com Team

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