People v. Conzelman

Opinion

CHOATE, J.

We hold that whenever radar is used in conjunction with the enforcement of a posted speed limit on a nonlocal roadway,1 the speed trap laws are invoked, giving rise to the need for a current engineering and traffic survey that justifies the posted speed. Absent the survey, we conclude that the officer is incompetent to testify as to the speed of the defendant’s vehicle, even if his testimony is confined to his visual determination of that speed.

Facts

Officer Bivens of the City of Orange Police Department testified that he visually estimated defendant Michael A. Conzelman’s…