CHAPTER 3. Illegal Evidence [40800. - 40834.]

Chapter 3 enacted by Stats. 1959, Ch. 3.

§§ 40800–40834 · 14 sections

1. ARTICLE 1. Prosecutions Under Code §§ 40800–40808 · 9 sections

   • § 40800 (a) A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or Division 11…
   • § 40801 No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of…
   • § 40802 (a) A “speed trap” is either of the following: (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or…
   • § 40803 (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon…
   • § 40804 (a) In any prosecution under this code upon a charge involving the speed of a vehicle, an officer or other person shall be incompetent as a witness if the…
   • § 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…
   • § 40806 In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not at any time prior to pronouncing sentence receive or…
   • § 40807 No record of any action taken by the department against a person’s privilege to operate a motor vehicle, nor any testimony regarding the proceedings at, or…
   • § 40808 Subdivision (d) of Section 28 of Article I of the California Constitution shall not be construed as abrogating the evidentiary provisions of this article.
2. ARTICLE 2. Civil Actions §§ 40830–40834 · 5 sections

   • § 40830 In either of the following circumstances a violation of any provision of this code does not establish negligence as a matter of law, but in any civil action…
   • § 40831 In any civil action proof of speed in excess of any prima facie limit declared in Section 22352 at a particular time and place does not establish negligence as…
   • § 40832 No record of the suspension or revocation of the privilege to operate a motor vehicle by the department, nor any testimony of or concerning or produced at the…
   • § 40833 Neither the report required by Sections 16000, 16001, 16002, or 16003, the action taken by the department pursuant to Chapter 1 of Division 7 (commencing at…
   • § 40834 A judgment of conviction for any violation of this code or of any local ordinance relating to the operation of a motor vehicle or a finding reported under…