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California Traffic Lawyers can Take on "Eye in the Sky"

By Walin & Klarich

The California Highway Patrol utilizes fixed wing aircraft to nail speeders on highways. The California Department of Transportation painted ?mile markers? on the highways to assist the CHP pilot in ascertaining the speed of the vehicle. These markers are large white lines that run perpendicular to the solid white emergency lane. You will see these markers shortly after passing the ?Patrolled by Aircraft? sign. The pilot utilizes a stop watch to determine your speed from one mile marker to the other. He will then radio down to a waiting CHP officer to make the stop and issue the citation. However, these citations are ILLEGAL in California because the above scenario is considered a speed trap. Speed traps are illegal in California and pursuant to California Vehicle Code Section 40801 ?No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of any person ...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 29, 2008 (boomark / email).