Defendant was cited for violation of Vehicle Code section 22350, the Basic Speed Law. Radar was used in the case.
In spite of the Defendant's protestations at trial, the People did not present a traffic and engineering survey. The officer simply stated that the offense occurred in a construction zone.
The Appellate Division held that lack of a survey in conjuction with the use of radar to enforce a prima facie limit made this an illegal speed trap.
They further noted that, "a violation of section 22362 [exceeding a construction zone speed limit] could not be sustained either, there being no substantial evidence to show that work was actually occurring in the construction zone at the time of the alleged offense."
On a positive note: Some of Judge Pro Tem O'Hara's recent rulings show that (unlike Commissioner Madden) he has apparently learned something from this case.
