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CVC 40801 states: No peace office or other person shall use a speed trap in arresting, or participating in the arrest, of any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.

A speed trap is defined in 40802(a) (1) as: "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance."

Clearly, the speed of any vehicle is determined by a time-distance calculation between markers or embedded sensors on a particular section of highway; clearly the distance between these sensors had to be known to determine speed.

As the automated enforcement system constitutes an illegal speed trap, the court is without jurisdiction to render a conviction in this case pursuant to CVC 40805: "Every court shall be without jurisdiction to render a judgment of conviction against any person for 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."