Q: I was pulled over on the highway, and the officer said his radar showed me at 25 miles above the posted speed limit. He came out of nowhere, and I question the legitimacy of what he said. Is that radar gun legal here?
S.J., Anaheim Hills
A: A radar gun utilizes radio waves to measure the speed of vehicles within its range. Another speed detective device, referred to as Lidar (laser), utilizes a beam of light to measure the speed of a specific vehicle. Both are legal here. There is criteria, however, for each to be validated: The device must be certified and properly functioning equipment; there must be regular calibration; and the officer must be trained and certified as well. In addition, the set speed limit has to be supported by a sufficient engineering and traffic survey, pursuant to Vehicle Code Section 40802(a)(2).
The officer can conceal him or herself. For example, an officer may crouch behind an object, or be in an unmarked vehicle, or on an overpass, or shielded in a parking lot or side street.
If you want to contest the ticket, online research might be of some helpful guidance and/or consultation with qualified counsel.
Q: One other question, since I have this speeding ticket now. Is a radar detector allowed here?
S.J., Anaheim Hills
A: Yes, radar detectors are legal for use in private vehicles in California, but mounting one on your windshield is not legal per Vehicle Code Section 26708(a)(1). Bottom line, you have to find a permissible place to put it in your vehicle. Also, note that radar detectors are not permitted for commercial vehicles weighing more than 10,000 pounds (per federal law).
Speed traps
Given the topics addressed in this column, I want to mention that speed traps are illegal in California under California Vehicle Code Section 40801. The common definition of a speed trap is a section of the highway where the speed of a vehicle is calculated by counting the time it takes to travel between two marked points. Another definition is where the speed limit set is not justified by an engineering and traffic survey conducted within five years prior, and enforcement involves the attempted use of radar.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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