Speed Traps
January 30, 2012 5:27 pm Education NewsThe following is updated DUI law information. Contact a Riverside DUI Lawyer for more information or to seek consultation.
Before proof of a vehicle’s speed as clocked by radar may be used against a defendant, the posted speed limit must have been justified by an engineering and traffic survey conducted within 5 years before the date of the alleged violation. When the defendant’s speed was clocked by radar, the defense may be able to argue that the detention or stop was unlawful, and is a violation of the statutory exclusionary rule in the “speed trap” legislation. As such the evidence would be suppressed by the court and the case would be thrown out. Of course the radar gun or any other machine used to determine the speed of the vehicle must be calibrated in accordance with the law and law enforcement must produce the records of such calibration upon request by the defendant. Failure to do so will result in dismissal of the case in many instances.
If you have any questions regarding these matters, please do not hesitate to contact the Law Office of Richard McGuire at www.attorneyrichardmcguire.com