Defense of Radar Tickets in Kern County
California law related to the use of radar in speed enforcement is quite complex
and fraught with many exceptions and legal terminology. Th bottom line is that in
any prosecution of a charge involving the speed of a vehicle when enforcement
involved the use of radar or other electronic devices to measure speed, the
prosecution must establish, as part of its prima facie case, that the evidence or
testimony presented is not based on a speed trap as defined in Vehicle Code
§40802(a). Indeed, evidence must be adduced at the time of trial that a traffic and
engineering survey has been conducted within five years of the date of the alleged
violation, or within seven or ten years of the alleged violation under Veh C §40802
(c)(2), or evidence that the offense was committed on a local street or road
constitutes a prima facie case that the evidence or testimony is not based on a
speed trap as defined in in the Vehicle Code. The original survey or a certified
copy must be produced. A mere summary of the kern county survey is insufficient,
as is the CHP officer’s testimony as to the contents of the survey. Our speeding
ticket attorneys are proficient in the law pertaining to this area.
If the alleged traffic violator is charged with violating the basic speed law V.C.
22350, the prosecution must prove either that the defendant drove at a speed that
endangered people or property, or that the defendant drove at a speed that was
unreasonable for the driving conditions. If the prosecution establishes that the
speed was greater than the prima facie speed limit, the burden shifts to the
defendant to establish that the speed did not violate the basic speed law at the
time and place and under the existing conditions. A Mojave Speeding Ticket
Lawyer can defend the case using the latest statutes and scientific evidence. Our
defense attorneys know the science behind radar and we have the manufacturer's
training manuals to use against the officers on cross examination when necessary.
If you have the unfortunate experience of having been cited on a radar ticket in
Mojave, or Eastern Kern County the criminal attorneys at our firm can help.
Call us Toll Free at 1-877-617-4486