Question for Cali LEO in ref to speeding ticket

[Darin]

This article was in the latest issue of Motorcyclist magazine. I scanned the article to post here. Basically the author got off of a ticket because the Officer didn't have a traffic survey. Here's the article.

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BTW I tried to post it in the LEO only section but it said my IP addy was banned.

[MDEMT280]

This article ruffles my feathers in several ways, but I am not articulate enough right now to express the extent to which I feel this is a giant crock of horsehooey. So, in pictoral form, my response, to the laws and to the author: :mad: :rolleyes:

[Darin]

Everyone can feel free to write http://www.motorcyclistonline.com and express their opinion...I know I did.

[Darin]

OK, Cali LEO....

Did this guy find a "loop hole"?

[Rabbit23]

Why the hell would the jackass author rather win a $1 bet to some other jackass as opposed to risking a potentially huge increase in his insurance?

That right there makes me think the whole thing is bull****.

[CelicaGuy]

Just to help me understand this artical, what is a traffic survey? I don't see how this is a spped trap because he was only sitting there running radar, I guess I am just a little confussed.

This guy is going to use this next time he gets pulled over as well right? If so the judge should throw the max at him.

[ateamer]

The article was correct. In California, to use radar anywhere the speed limit is less than 65 MPH, there must be a current traffic engineering survey that justifies the reduced speed limit. In general, the speed limit has to be set at the speed that 85% of the traffic drives at or below. There can be factors that otherwise justifiy reduction, such as driveways, schools, blind curves, narrower-than-standard lanes, etc. Speed cites can still be written by pacing, but there has to be a survey for radar to be used. California also prohibits using timing devices such as VASCAR.

It's a little unusual that an officer would work radar where there was no survey, because the traffic guys are right on top of things and won't miss something so obvious.

The judge was correct in dismissing the ticket.

[LA5150]

ateamer is right.

The guy got off lucky because the deputy made a mistake. The deputy knew (or should have known if he is certified to use the radar) about this requirement before choosing a spot to shoot radar.

Is it right that some assclown gets away with driving freeway speeds in a 35 mph zone? Absolutely not. But, he did his homework and found out the deputy had failed to do his.

[Darin]

Does the Officer have to do the survey or is it something that has already been done and the Officer has a copy of that survey?


In Virginia we have no such requirement. We have our elements that we have to meet but that doesn't include a traffic survey that says the spot isn't a "speed trap".

[LA5150]

I think it's the DOT who does the surveys. I'm not radar certified, so I don't know for sure. :confused: Honestly I never really paid attention to it, since I have no aspirations to do it myself.

As far as I know, the surveys are at the court house for the officers and defendants to access for the trial. There are probably records of them at our traffic divions, too.

[kels]

So he beat the system.
It happens.

You notice he never denied the violation.

[ateamer]

The survey is done by the city or county's public works/traffic engineer. If it's a state highway (not necessarily freeway, but any state-funded highway), then Caltrans does it. A copy is kept on file with the court and is accessible to the public. I think they have to be updated every five years to be valid.

[wcso234]

Does the Officer have to do the survey or is it something that has already been done and the Officer has a copy of that survey?


In Virginia we have no such requirement. We have our elements that we have to meet but that doesn't include a traffic survey that says the spot isn't a "speed trap".

Occasionally we will get someone out of state that will come to court and ask for a traffic survey. Our old judge would here the evidence and continue the case without judgement to allow the defendant to contact VDOT to get a traffic survey. Apparently these survey's would cost several thousand dollars. When the def. came back without one the judge would hammer them. This normally never came up unless they were charged with RD by Speed.
I havent heard of anyone asking our new judge for this

[Rad Diver]

In the great state of Florida: as long as you are radar certified and can show a radar log (daily calibrations and each individual car you've stopped on radar, also the 6 month calibration info), it is as good as gold!

It is this way in my county anyway. Some may ask for more or less I suppose.

[JonSch7]

As a Florida officer, Rad Driver is correct, and I know since I just finished RADAR school a couple of weeks ago. As long as you keep your logs up to day, and it is calibrated every 6 months, you are as good as gold. The traffic judges explain this in the very opening of their speech at traffic court each day as well, so the offenders won't contest speeding tickets.