Correction to Fight Your Ticket & Win in California on the “Were You Caught in an Illegal Radar Speed Trap?” Flowchart

You might be able to beat your ticket with an “illegal speed trap” defense if a traffic survey wasn't performed in the last five, seven, or ten years.

In Fight Your Ticket & Win in California, there are several omissions in the “Were You Caught in an Illegal Radar Speed Trap?” flowchart. In the 16th edition, page 33 is affected. Despite the omissions in the flowchart on page 33, there’s a more complete description of the law on page 34. (Readers should also refer to VC § 40802.)

The problematic paragraph on the flowchart states:

Was the speed limit on the road “justified” by a traffic survey performed (1) in the last five years, or (2) within the last seven years, with the officer being certified to use radar or laser and the radar or laser device being certified by NTSA and calibrated independently within the last three years?

The paragraph should state:

Was the speed limit on the road “justified” by a traffic survey performed:

(1) in the last five years

(2) within the last seven years, with the officer being certified to use radar or laser, the radar or laser device being certified by NTSA and calibrated independently within the last three years, and (for alleged violations other than VC § § 22349, 22356, or 22406) the driver’s speed being unsafe for the conditions present at the time of the alleged violation, or

(3) within the last ten years, with the conditions of (2) being met and an engineer having certified that within the last ten years there have been “no significant changes” in the roadway’s use or traffic patterns?