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Re: Fought my ticket and won...



dhowell.es_cp8@xerox.com (Dan Howell) writes:


>So here is 40802(b), defining "speed trap" and "local streets and roads":

>  40802.  A "speed trap" is either of the following:
>     (a) [...]
>     (b) A particular section of a highway with a prima facie speed
>  limit provided by this code or by local ordinance pursuant to
>  paragraph (1) of subdivision (b) of Section 22352, or established
>  pursuant to Section 22354, 22357, 22358, or 22358.3, which speed
>  limit is not justified by an engineering and traffic survey conducted
>  within five years prior to the date of the alleged violation, and
>  where enforcement involves the use of radar or other electronic
>  devices which measure the speed of moving objects.   This subdivision
>  does not apply to local streets and roads.
>     For purposes of this section, local streets and roads shall be
>  defined by the latest functional usage and federal-aid system maps as
>  submitted to the Federal Highway Administration.  When these maps
>  have not been submitted, the following definition shall be used:  A
>  local street or road primarily provides access to abutting
>  residential property and shall meet the following three conditions:
>     (1) Roadway width of not more than 40 feet.
>     (2) Not more than one-half mile of uninterrupted length.
>  Interruptions shall include official traffic control devices as
>  defined in Section 445.
>     (3) Not more than one traffic lane in each direction.


Ah, but you quote out of context...   following (3) is the paragraph:

   This section shall remain in effect only until January 1, 1993,
   and as of that date is repealed, unless a later enacted statute,
   which is enacted before January 1, 1993, deletes or extends
   that date.

That wipes out the Speed Trap defense.  Unless it's still in
force... my VC is from 1991.


In any case:  you lucky dog!




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