California Vehicle Code 40805 states:
40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article.
From the DMV website they title this section "Admission of Speed Trap Evidence" however the section is called "California Vehicle Code Division 17 Offenses and Prosecution, Chapter 3. Illegal Evidence, Article 1. Prosecutions Under Code".
My question is, and I'll paraphrase it as I understand it;
Does 40805 say that if the evidence or testimony are secured/derived while the officer violated any section of the California Vehicle Code, then the evidence is inadmissible? Or if the police testimony is admitted, then the court shall not have authority/jurisdiction to render judgment against the accused speeder?
Is there any case law where this section was used in instances apart from just speed traps?
Thanks. What is the name of your state (only U.S. law)?
40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article.
From the DMV website they title this section "Admission of Speed Trap Evidence" however the section is called "California Vehicle Code Division 17 Offenses and Prosecution, Chapter 3. Illegal Evidence, Article 1. Prosecutions Under Code".
My question is, and I'll paraphrase it as I understand it;
Does 40805 say that if the evidence or testimony are secured/derived while the officer violated any section of the California Vehicle Code, then the evidence is inadmissible? Or if the police testimony is admitted, then the court shall not have authority/jurisdiction to render judgment against the accused speeder?
Is there any case law where this section was used in instances apart from just speed traps?
Thanks. What is the name of your state (only U.S. law)?