People v. Earnest

Opinion

GOLDSTEIN, P. J.

In these two unrelated cases we address an issue that arises with some frequency in speeding cases where radar has been used to enforce a posted speed limit. Can the People meet their initial burden of showing that the combination of a prima facie speed limit and the use of radar enforcement did not create a speed trap with no more than the citing officer’s testimony as to the existence and contents of a current engineering and traffic survey for the pertinent segment of roadway? They cannot.

We hold that the People, whenever radar is involved in the enforcement of a…