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Can I Fight a Speed Trap Ticket in California? - Ticket Crushers · BSPE Legal Marketing Podcast

• 0:00
  Can I Fight a Speed Trap Ticket in California?
• 0:02
  If you recently received a speeding citation in San Francisco, you may have more options to fight it than you realize.
• 0:09
  Under California Vehicle Code Section 40802, the term 'speed trap' carries a precise legal definition that covers two distinct types of enforcement methods.
• 0:20
  The first type involves a measured section of highway where an officer calculates your speed by timing how long your vehicle takes to travel a known distance.
• 0:29
  The second involves radar or another electronic speed-measuring device used to enforce prima facie speed limits without a qualifying engineering and traffic survey.
• 0:39
  California Vehicle Code Section 40801 explicitly prohibits the use of a speed trap, as defined by Section 40802, to make an arrest or obtain speed evidence in a prosecution.
• 0:52
  Whether an officer was hidden from view does not by itself determine if the enforcement qualifies as an illegal speed trap under California law.
• 1:00
  The measurement method, applicable engineering and traffic surveys, and the specific roadway circumstances are what truly determine whether a speed trap challenge applies to your case.
• 1:11
  The location of your citation matters significantly, because factors like roadway type, posted speed limit, and applicable surveys determine which rules and exceptions apply.
• 1:22
  California law also provides exceptions for certain streets, school zones, senior zones, business activity districts, and locally adopted speed limits, making the specifics of each case critical.
• 1:34
  Speed-measurement evidence can be challenged on the basis of the device used, its calibration history, the officer's training credentials, and the conditions present when the reading was taken.
• 1:45
  When Section 40802(c) applies, a radar operator must have completed at least 24 hours of POST-approved radar training, while a laser operator must complete that plus two additional hours of approved laser training.
• 2:00
  The device must also have been calibrated within three years before your alleged violation by an independent certified testing or calibration facility, meeting minimum federal operational standards.
• 2:11
  Missing, outdated, or inconsistent calibration and maintenance records can raise serious questions about whether the speed reading used against you was actually reliable.
• 2:21
  Heavy traffic, multiple vehicles in close proximity, or an unclear line of sight can also create doubt about whether the recorded speed truly belonged to your vehicle.
• 2:31
  After receiving a speeding citation in San Francisco, you can pay the fine, contest the charge at trial, request a trial by written declaration, or attend traffic school if eligible.
• 2:42
  Paying the fine results in a conviction and adds a point to your DMV record, which can trigger an increase in your insurance premiums.
• 2:49
  Failing to respond by your deadline can lead to a civil assessment of up to $100, collection activity, and additional failure-to-appear consequences that compound the original problem.
• 3:01
  At Ticket Crushers, A Law Corporation, attorney Adam Cohen examines how speed trap enforcement was conducted, reviewing the circumstances of your stop, measurement evidence, surveys, and other records that may affect your case.
• 3:14
  The law firm's team works to identify weaknesses in the prosecution's evidence and pursue every procedural, equipment-based, discovery, and constitutional defense available to get your ticket dismissed.
• 3:26
  To discuss your San Francisco speed trap citation with a lawyer who understands California traffic law, contact Ticket Crushers, A Law Corporation, at 628, 203, 1868, located at 350 Rhode Island St #240, San Francisco, CA 94103, United States.