Flaxman

—Appellant was convicted of violating Vehicle Code section 22348, subdivision (a), driving a vehicle upon a highway at a speed greater than 55 miles-per-hour in an area posted for 40 miles-per-hour. The People’s evidence consisted of the testimony of a single police officer who relied totally on a reading from a radar device.

Briefly stated, appellant’s grounds for appeal are: (a) that any evidence as to a radar reading was inadmissible as incompetent because there was no justification of the posted speed limit by means of an engineering and traffic survey as required by Vehicle Code section 40802, subdivision (b); (b) there was no showing as to the radar machine’s accuracy.

Background

The Legislature has determined that evidence as to speed of a vehicle is incompetent if obtained from the use of a speed trap. (Veh. Code, *supp. 19 §§ 40803 and 40804, subd. (a).) The strength of this public policy is reflected in Vehicle Code section 40805 which states: “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…

—I concur in the result. I dissent from that portion of the opinion which perpetuates the comment or dictum in footnote 4 of People v. Sterritt (1976) 65 Cal.App.3d Supp. 1 at Supp. 6 [ 135 Cal.Rptr. 522 ] wherein this court said that the traffic “survey had to be physically produced in the courtroom.” I believe there are other ways consistent with the rules of evidence to comply with section 40802, subdivision (b), of the Vehicle Code than the physical production of the traffic survey such as the testimony of the person or persons who conducted the survey.