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”.

Questions?  Leave a comment and we will try to respond with quality legal self help for free.  Really, for free.

If You Are Going to Court In Los Angeles County, Take the Whole Day Off.

Going to Court in LA? In this article, Attorney Juan Lozano reviews his recent appearance to clear a warrant in the Downey Courthouse, and illustrates the numerous difficulties that make an LA Traffic Court appearance a very draining and frustrating experience.

Today in Los Angeles County Downey Courthouse, I appeared on a warrant recall hearing for a client. Even though I left early and tried to anticipate the LA freeway traffic, I was frantic as I running late to court due to rainy conditions on Hwy 5 in LA. The rain was causing accidents in rush hour bumper to bumper traffic. When I was moving, I might have even sped a little to attempt to get to traffic court on time.

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Just getting to the Downey Courthouse is difficult, even if you have been there many times. I was delayed even more just trying to find it. The courthouse is hard find because it is on Imperial Highway, tucked about an eighth of mile away from the main street and out of sight.

There is no obvious sign saying “Superior Court Parking —>”, and the only entrance off of the main road is a one lane on ramp that looks like a hospital drive way. It’s easy to miss, and if you miss it, you have to turn around and use a different road to get there - or go back a few miles, line up for the ramp again, and make another try.

Once I arrived, and found parking in the rain, I rushed through the courtroom doors just after 9AM. I was worried. Had the case been called? Oh no!!!!

As soon as I passed security and looked around, I knew I had nothing to worry about.

Why?

The courtroom hallway was packed with frustrated people waiting. I knew that court calendar had not been called on time.

Long Lines in Downey Traffic Court

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The courtroom hallway was packed with people. I knew that 8:30 a.m. traffic court court arraignment calendar was not started on time.

Defendants were told to appear at 830AM. However, they were forced to wait outside the courtroom. No explanations were apparently given. People just sat outside the courtroom, restless and getting more and more frustrated. I later found out that the defendants were forced to wait as the court first handled traffic trials - which most courts schedule for late in the afternoon because they take much longer than arraignments.

Editors Note: Most of the people waiting for the 8:30 arraignment calendar are generally in court for tickets and fines under $600 and just wanted to plead guilty and ask for time to pay their fine.

What makes the process more frustrating for Downey Traffic Court defendants is that for them to get their case in front of the judge, people have to wait in long lines to check in with the traffic court clerks windows first.

The traffic windows in the Downey Courthouse are confusing and there is some color-coding scheme that attempts to explain to defendants what lines they need to be in.

I still haven’t figured out the color scheme, and I’ve been here many times. The first time visitor has no chance to understand their system.

This morning, there were only two traffic clerk windows open (out of about 6) and the lines were hardly moving despite the best efforts of the kind and attentive staff. (they let a woman with a child cut in the line as her child was crying loudly- an extremely nice gesture).

Courtroom doors finally began opening for the defendants being arraigned at 10:00 AM, an hour and a half after the time people were ordered to be there. But once the doors opened, defendants were still nowhere close to being out of the courthouse and on their way to their jobs, to schools, or wherever they had to be later.

After the courtroom doors open and people are seated , the bailliff starts playing a cassette tape with a monotone message to the whole courtroom. This tape explains a defendant’s constitutional rights, the arraignment process and the consequences of “Guilty”, “Not Guilty” and “No Contest” pleas. The tape is played in both English and Spanish, and everyone is forced to listen to both.

I’m assuming that the 8:30 arraignments finally began at about 10:30AM.

When the defendant enters their plea, they are ushered out of court and head to the cashier’s window to receive their fine amount. It sounds simple, right? Incorrect.

Defendants are forced to wait another long stretch as there was one window processing the fines for everyone coming out of court. Each transaction for an individual defendant would easily take a minimum of five minutes, as clerks behind the windows calculate fine totals by hand, and write them down on carbon paper in court clerk handwriting.

Editors Note: Illegible Clerk handwriting is common. Make sure you can read your paperwork before you leave the window, or you may end up waiting in line twice. Don’t assume the court is going to mail you any information.

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As the courtroom was full, there was no question in my mind that if someone had the misfortune of being at the end of the court calendar, they would easily be there inside the Downey courtroom after the lunch hour. And this is assuming that the clerk calculating fines does not take a break.

This is not unique to Downey. This same waiting phenomenon occurs at Compton Courthouse. Often times, courtroom doors do not open till nearly 11:00 AM!!!

At first, I thought the reason for this delay was to increase concession sales as Compton’s Traffic Arraignment Department is right across the hallway from the snack bar and the smell of popcorn usually fills the air. (their popcorn and a Squirt is the right way to start your day).

Other courthouses in Los Angeles County have similar issues.

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In Los Angeles County, you should anticipate spending an entire day handling your matter. Take the day off work. Expect to miss school.

To make your day easier when you go to court in Los Angeles County, I can offer you the following advice:

• Make sure you get a bowl of cereal or breakfast before you head out the door, and

Bring:
• a magazine or three
• some work you have to do
• your PSP or old-school Nintendo GameBoy
• ear plugs (because some annoying defendant is certainly bound to discuss to you their situation… “I didn’t run the red light… this is what I did, etc. ……” or talk to you when you don’t want to be talked to)
• lunch money (you’ll be there after lunch)

What’s the bottom Line? Expect your LA Traffic Court appearance to take all day. Expect it to be a frustrating and confusing experience. Be patient, and double check your paperwork for legibility before you leave.

-Juan C. Lozano, Esq.

Email: lozanolaw@gmail.com

Mr.Lozano handles serious traffic court and criminal matters in the Los Angeles and San Diego area courts. To have him review your case, get a free case review from Traffic Court Pros.com

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