Speed Trap — Radar Without Engineering Survey
A speed limit enforced by radar that is not supported by a current engineering and traffic survey may constitute a speed trap, which is a recognized basis for contesting a citation in California.
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Speed Trap — Radar Without Engineering Survey ticket?
CVC 22354 allows authorities to establish speed limits lower than the normal 65 mph maximum on freeways when an engineering and traffic survey supports it. Driving above that posted reduced limit is a violation. This section is also the basis for challenging "speed trap" tickets when no valid survey exists.
Exceeding a reduced freeway speed limit is a 1-point violation with fines of $238–$490. Importantly, if the posted speed limit was not supported by a current engineering survey, the evidence may be inadmissible — making this one of the more defensible speeding tickets.
A freeway speeding conviction raises premiums 15–25% for 3 years. Combined with any prior violations, this can significantly impact your rates.
What the Law Says
A speed trap is a particular section of highway where a speed limit is enforced by radar and is not justified by an engineering and traffic survey.
What the Officer Must Prove
- 1A valid traffic and engineering survey supported the posted speed limit
- 2The survey was conducted within the required time period
- 3Your speed was unsafe for the prevailing conditions
- 4The device used was properly calibrated and legally operated
How Drivers Get This Ticket
Driver cited doing 75 mph in a 55 mph reduced freeway zone in a construction area.
If the 55 mph limit was set by a current engineering survey, ticket is straightforward; if survey is outdated, evidence is inadmissible under speed trap statute.
Officer uses radar to clock driver at 70 mph in a 65 mph reduced zone.
Driver requests engineering survey via discovery; survey is 8 years old — ticket dismissed as speed trap.
Common Defenses for Speed Trap — Radar Without Engineering Survey
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Speed trap — no valid engineering survey
CVC 22354 covers violations of speed limits set by local agencies below the state default. Under CVC 40802, radar enforcement is only legal if the posted limit is supported by a current traffic and engineering survey. Studies show that approximately 80% of local speed limits in California fail this requirement. Request the survey and its date.
Survey is stale (older than 5–7 years)
Traffic and engineering surveys must be refreshed every 5 years for roads with high commercial development or 7 years for roads with photo enforcement or other mitigating factors. An outdated survey invalidates radar enforcement.
Basic speed law — conditions were safe
Because CVC 22354 is a prima facie limit, you may argue that conditions were safe at your actual speed. Document: light traffic, clear visibility, dry road, and no pedestrians.
How to Address This in Your Declaration
- ✓Engineering and traffic survey for that freeway segment (request via discovery)
- ✓Radar calibration and maintenance records
- ✓Dashcam GPS speed data
- ✓Photos of posted speed limit signs for the area
⚠️ What NOT to Do
- ✗Paying without checking whether the engineering survey is current — this is the most powerful defense available
- ✗Missing the deadline to request discovery documents
- ✗Assuming freeways always have valid speed limit justification
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Frequently Asked Questions About Speed Trap — Radar Without Engineering Survey
What is a "speed trap" under California law?▼
A speed trap exists when an officer uses radar to enforce a speed limit that was not set by a current engineering and traffic survey. Under CVC 40803, radar evidence is inadmissible in such cases, which can result in dismissal.
How do I request the engineering survey?▼
Submit a written discovery request to the court before your Trial by Written Declaration or arraignment. Ask for the "engineering and traffic survey" for the speed zone where you were cited, along with the officer's radar calibration records.
Does the speed trap defense work at arraignment?▼
The speed trap defense is typically raised as a motion to suppress radar evidence. It is most effective in a Trial by Written Declaration or at a court trial where you can formally challenge the admissibility of the speed measurement.
Traffic School Option
Traffic school is available if you qualify (non-commercial license, no prior point in 18 months). Completing it masks the DMV point but you still pay the fine.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.