What Is a Speed Trap?
Posted on Jun 9, 2014 2:18pm PDT
Have you ever been driving only to see a police officer with his or her radar gun pointed directly at your car. You glance at your speedometer and realize that you are 15 miles over the speed limit. Next thing you know, the officer is behind you with lights flashing and you are facing hundreds of dollars in fines. Speed traps are set-ups where the police officers use some element of stealth or concealment to catch drivers in the act of speeding. Many "speed traps" are perfectly legal, even if they may seem unfair.
A police officer has the right to hide his car behind tall bushes or conceal her motorcycle on a street corner where it is hard to see. Still, there are some speed traps that are of questionable legality and can be challenged in the courtroom. For example, if you are pulled over in a marked road trap, you have the right to challenge the ticket. This is a section of road that has been marked to measure a vehicle's speed by the time it takes to travel that distance. In California, police cannot issue tickets in marked road traps. Other laws have also prohibited the police from taking advantage of these roads.
Also, if you are pulled over due to an unjustified speed limit trap, you may be able to deal with this in court. You can argue that the speed limit that was posted isn't justified by recent traffic surveys or other rationale. For example, if you are on a highway where the speed drops from 70 mph to 45 mph for no discernable reason, then you may be able to challenge a speeding ticket you received in the lower zone. You will want to talk with a criminal defense lawyer before taking on this challenge against the court.
Also, speed camera speed traps are challengeable. A more recent variety of speed trap is a camera that records the speed of passing motorists and takes photos of the ones that are speeding. Drivers then receive a mailed ticket for the violation. Judges often dismiss these speed camera tickets, saying that they are not fair. If you receive one of these in the mail, talk with a criminal defense lawyer about challenging the ticket.
If you were clocked breaking the speed limit, you will probably be unsuccessful in beating a ticket by arguing that you were caught in a speed trap. Even if the police are devious, the courts normally honor their decision to issue a ticket. For example, if you are caught speeding on a downhill slope by a hidden officer, it may seem that you were at a distinct disadvantage. If you believe that you have a case, talk with a local criminal defense lawyer. An attorney that handles traffic ticket defense may be able to help you, depending on the circumstances that you facing.