Singh

THE COURT. [*]

Defendant and appellant, Balwant Singh, was convicted of a violation of Vehicle Code, section 22349, exceeding the maximum speed limit, and now appeals. In this appeal it is conceded that there was a posted, prima facie limit, that radar established defendant was traveling in excess of 65 miles per hour; and that the officer cited appellant for exceeding the maximum speed law, but did not cite him for exceeding the lower, posted, prima facie limit. Appellant's position is that if there is a speed trap as to a posted limit, it is unlawful to enforce even the maximum speed limit. This appeal turns on the definition of "speed trap" contained in section 40802 of the Vehicle Code.

Stripped of the phrases which explain or expand on subjects not in issue here, the relevant portion of the statute in question reads: "(a) A `speed trap' is either of the following:

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(2) A particular section of a highway with a prima facie speed limit ... under ... Section 22352, or ... under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified ..., and enforcement of the speed limit involves the use of radar ..." (Veh.Code, § 40802, subd. (a),…