By Michael Picarella pic@theacorn.com
The question: If a traffic enforcer sits at the base of a hill with a radar gun pointed at motorists headed down slope, would that be considered entrapment, which is illegal?
Some roads, such as portions of Kanan Road, Thousand Oaks Boulevard and Borchard Road are very steep and motorists frequently choose to coast and pick up speed rather than wear down their brake pads.
The answer: Regardless of the terrain, the speed limit must be obeyed, according to Lost Hills Sheriff’s Station Detective Richard Curry.
Some people incorrectly believe that a speed trap occurs when traffic officers or electronic devices are concealed and deployed on a stretch of road to catch speeding drivers. That’s incorrect, Curry said.
Traffic enforcement officers can legally sit at the bottom of a hill with radar or laser equipment pointed at motorists traveling downhill and ticket those motorists who are speeding, Curry said.
“That’s not entrapment,” he said.
Entrapment is when someone is unlawfully persuaded to commit a crime that they wouldn’t otherwise do.
“Entrapment doesn’t apply to vehicle code violations,” Curry said. “I think (this question refers to a) speed trap. But that doesn’t apply either because the only two factors for a speed trap are if (a traffic enforcer) uses laser (or radar) when there’s no (speed) survey in place, or if the (traffic enforcer) has no training for the (laser or radar) device and the device has not been calibrated.”
Curry explained that traffic officials conduct these speed surveys to help calculate speed limits.
Read section 40802 of the California Vehicle Code to learn more about what consitutes a “speed trap.”
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