What is a speed trap and are they legal in California? Here’s how police can pull you over

Angela Rodriguez
·2 min read
30

Ever wondered what qualifies as a “speed trap” under California law — and whether or not it’s legal?

Here’s what California law states regarding speed traps and what penalties you can face for speeding:

What is a speed trap? Are they legal in California?

Under California law, law enforcement cannot use a speed trap to issue citations for people going over the posted speed limit.

If the speed of a driver was captured through the use of a speed trap, the captured speed cannot be used as evidence in court.

With that said, how do you know if you were caught in a speed trap?

California law defines a speed trap as a section of the highway where law enforcement parks, monitors and enforces speed limits by counting the amount of time it takes a driver to arrive from one point to another as they pass in front of the officer.

A speed trap can also refer to an officer enforcing a speed limit that has not been supported by a traffic survey conducted within the previous five years, the law states.

The vehicle code states this does not apply to a local street, road, or school zones as defined by California law.

Can California police use radars to issue speeding tickets?

While law enforcement cannot use speed traps in California, the use of radar devices is legal to show that a driver has violated California’s speeding laws.

In People v. Beamer, the Superior Court of California ruled that radar devices can determine the actual speed of a vehicle under surveillance.

However, the California Courts allow for drivers to argue a speeding ticket if they feel they have been wrongfully accused.

What are the consequences for getting caught speeding?

According to Shouse California Law Group, the cost of a speeding ticket can range from $35 to more than $500, not including additional court costs and assessments.

If you are cited for speeding in California, the California Courts website states you can either pay the fine, do traffic school or argue the ticket in the local court where you received the ticket.

If a driver believes they have been issued a speeding ticket as a result of a speed trap, the driver could argue the ticket in court.

Along with speeding fines, a ticket could also lead to one point on your California driver’s record.

If you choose to complete traffic school or fight the ticket successfully, you can avoid getting points on your DMV record, the California Courts website states.