What is a Speed Trap Defense? Take a look at California Veh. Code 40802(a)

In California traffic court, evidence of speeding gathered from a “speed trap” is not admissible to prove a person was speeding. This fact is the source of the “Speed Trap” defense. If it applies, you win.

In summary, the defense is this:

The government has the burden to prove at trial that your speeding citation was not based on a speed trap, as defined by California Vehicle Code section 40802. “Burden” means the officer or prosecutor must prove it first, before the defendant has to say anything.

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If the government cannot meet their burden, then the evidence of the defendant’s speeding is not admissible, and the citation should be dismissed.

If they can’t prove it was not a speed trap, then the defendant does not have to do anything but ask for a dismissal.

As speed trap is defined by Vehicle Code section 40802(a) as:

40802. (a) A “speed trap” is either of the following:

(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.

(2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance . . ., if that . . . speed limit is not justified by an engineering and traffic survey conducted within five years . . ., 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.

Most commonly, the speed trap defense is used when the officer who testifies at trial cannot produce a timely engineering report to establish that the posted speed limit was justified. If the report is missing, or not timely, it’s a speed trap citation.

Practice Note: This defense does not apply to local, residential streets.

Practice Note # 2: A speed trap defense will not work for a failure to appear charge. It’s not legal justification for not appearing in court on the date listed on your citation.

Practice Note #3: You must plead not guilty and have a trial to use this defense.  You cannot get a speed trap dismissal at the first court date, which is known as the “Arraignment”.

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