Defendant was cited for violation of Vehicle Code section 22350, the Basic Speed Law. Radar was used in the case.
Defendant pointed out that the purported survey did not meet the standards set forth in Chapter 8 of the CalTrans Traffic Manual, nor did what was presented justify the limit.
Referee Fields found the defendant guilty.
The Appellate Division held:
The prosecution failed to show the absence of a speed trap. The evidence of defendant's speed should not have been admitted, the officer was incompetent to testify, and the court was without jurisdiction to convict defendant of violating Vehicle Code section 22350. Retrial is prohibited by the double jeopardy clause of the Fifth Amendment. (Burks v. United States (1978) 437 U.S. 1, 11.)