Speed Trap Defense
Are you aware that the officer must be in full uniform and must not be using an unmarked vehicle when he or she issues a speeding ticket?
In a 1977 case, which has not been overturned, the court held:
Section 40800 appears in chapter 3 under the title "Illegal Evidence," and is followed by sections 40801, 40802 and 40803 relating to speed traps and prohibiting use of speed trap evidence, and section 40804 making an officer not in uniform and driving an unmarked vehicle who has arrested a driver for a speed violation incompetent to testify as a witness in a prosecution of the charge. (People v. Tuck, 75 Cal.App.3d 639)
40800. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner.
This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or in reference to any felony charge, or to any officer engaged in serving any warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws.