Santa Clarita Radar and Speed Trap Defense Attorney
Call Matthew at 661-327-7833
Looking for a speeding ticket attorney in Santa Clarita for a radar violation? Our office can help.
The California Highway Patrol (CHP) and the Los Angeles County Sheriffs Department uses radar
extensively in the Santa Clarita, Valencia and Newhall areas and issues many violations for
speeding. If you have been issued a speeding ticket and want to avoid the consequences of a point
or points on your drivers license you may want to hire an attorney to fight the violation. Our Lawyers
use innovative strategies and defenses to fight radar related speeding tickets and can represent you
in Court, in many instances even appear for you, thereby alleviating needless stress and anxiety
related to an appearance before a Judge. The law in California on the use of radar and speed traps
is as follows:
Vehicle Code § 40801. Speed traps:
No peace officer or other person shall use a speed trap in arresting, or participating or assisting in
the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in
securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under
this code.
Vehicle Code§ 40802. “Speed trap”; “Local street or road”; Use of radar, laser or
other electronic device
(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 under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or
established under Section 22354, 22357, 22358, or 22358.3, 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, 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.
(b) (1) For purposes of this section, a local street or road is defined by the latest functional usage
and federal–aid system maps submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not shown on the maps, a “local
street or road” means a street or road that primarily provides access to abutting residential property
and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one–half of a mile of uninterrupted length. Interruptions shall include official
traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section “school zone” means that area approaching or passing a school
building or the grounds thereof that is contiguous to a highway and on which is posted a standard
“SCHOOL” warning sign, while children are going to or leaving the school either during school hours
or during the noon recess period. “School zone” also includes the area approaching or passing any
school grounds that are not separated from the highway by a fence, gate, or other physical barrier
while the grounds are in use by children if that highway is posted with a standard “SCHOOL” warning
sign.
(c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be
applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator
course of not less than 24 hours on the use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure the speed of moving objects,
the arresting officer has successfully completed the training required in subparagraph (A) and an
additional training course of not less than two hours approved and certified by the Commission on
Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and
(B) and that an engineering and traffic survey has been conducted in accordance with
subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the
notice to appear, the arresting officer established that the radar, laser, or other electronic device
conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions
present at the time of alleged violation unless the citation was for a violation of Section 22349,
22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of the accused
meets or exceeds the minimal operational standards of the National Traffic Highway Safety
Administration, and has been calibrated within the three years prior to the date of the alleged
violation by an independent certified laser or radar repair and testing or calibration facility.
(2) A “speed trap” is either of the following:
(A) 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.
(B) (i) A particular section of a highway or state highway with a prima facie speed limit that is
provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision
(a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima
facie speed limit is not justified by an engineering and traffic survey conducted within one of the
following time periods, prior to the date of the alleged violation, and enforcement of the speed limit
involves the use of radar or any other electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than seven years prior
to the date of the alleged violation, and a registered engineer evaluates the section of the highway
and determines that no significant changes in roadway or traffic conditions have occurred, including,
but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or school zone.
Our office aggressively defends speeding tickets and will FIGHT for you. Our
fees start at $950 and go up depending on the nature of the charge.
Contact us today for a consultation.
Looking for a speeding ticket attorney in Santa Clarita for a radar violation? Our office can help.
The California Highway Patrol (CHP) and the Los Angeles County Sheriffs Department uses radar
extensively in the Santa Clarita, Valencia and Newhall areas and issues many violations for
speeding. If you have been issued a speeding ticket and want to avoid the consequences of a point
or points on your drivers license you may want to hire an attorney to fight the violation. Our Lawyers
use innovative strategies and defenses to fight radar related speeding tickets and can represent you
in Court, in many instances even appear for you, thereby alleviating needless stress and anxiety
related to an appearance before a Judge. The law in California on the use of radar and speed traps
is as follows:
Vehicle Code § 40801. Speed traps:
No peace officer or other person shall use a speed trap in arresting, or participating or assisting in
the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in
securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under
this code.
Vehicle Code§ 40802. “Speed trap”; “Local street or road”; Use of radar, laser or
other electronic device
(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 under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or
established under Section 22354, 22357, 22358, or 22358.3, 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, 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.
(b) (1) For purposes of this section, a local street or road is defined by the latest functional usage
and federal–aid system maps submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not shown on the maps, a “local
street or road” means a street or road that primarily provides access to abutting residential property
and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one–half of a mile of uninterrupted length. Interruptions shall include official
traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section “school zone” means that area approaching or passing a school
building or the grounds thereof that is contiguous to a highway and on which is posted a standard
“SCHOOL” warning sign, while children are going to or leaving the school either during school hours
or during the noon recess period. “School zone” also includes the area approaching or passing any
school grounds that are not separated from the highway by a fence, gate, or other physical barrier
while the grounds are in use by children if that highway is posted with a standard “SCHOOL” warning
sign.
(c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be
applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator
course of not less than 24 hours on the use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure the speed of moving objects,
the arresting officer has successfully completed the training required in subparagraph (A) and an
additional training course of not less than two hours approved and certified by the Commission on
Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and
(B) and that an engineering and traffic survey has been conducted in accordance with
subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the
notice to appear, the arresting officer established that the radar, laser, or other electronic device
conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions
present at the time of alleged violation unless the citation was for a violation of Section 22349,
22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of the accused
meets or exceeds the minimal operational standards of the National Traffic Highway Safety
Administration, and has been calibrated within the three years prior to the date of the alleged
violation by an independent certified laser or radar repair and testing or calibration facility.
(2) A “speed trap” is either of the following:
(A) 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.
(B) (i) A particular section of a highway or state highway with a prima facie speed limit that is
provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision
(a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima
facie speed limit is not justified by an engineering and traffic survey conducted within one of the
following time periods, prior to the date of the alleged violation, and enforcement of the speed limit
involves the use of radar or any other electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than seven years prior
to the date of the alleged violation, and a registered engineer evaluates the section of the highway
and determines that no significant changes in roadway or traffic conditions have occurred, including,
but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or school zone.
Our office aggressively defends speeding tickets and will FIGHT for you. Our
fees start at $950 and go up depending on the nature of the charge.
Contact us today for a consultation.
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