By Law Offices | Felicia Yates & Associates
Speed Enforced by CHP Aircraft (and Ground Units)
If you have traveled up and down California's freeway and highway system - especially the more rural or desolate sections - you have undoubtedly seen the signs "Speed Enforced by Aircraft" or "Speed Patrolled by Aircraft." I can remember these being posted along many of the highways I was traveling upon, back when I was growing up - I would envision a plane (or helicopter) swooping down out of the sky (and possibly landing on the highway) in pursuit of traffic defendants.
New technology has made air patrols less prominent these days - they are now used more often in the pursuit of fleeing felons, DUIs, missing person searches, and generally tracking down suspects running from law enforcement. However, they are still being utilized, especially out on desert highways (I-15 between Barstow, CA and Primm, Nevada (aka State Line), and the I-40 between Barstow, CA and Needles, CA) to track down drivers traveling in excess of 100 miles per hour - a violation of California's Vehicle Code section 22348(b).
Here Is How It Works
The plane or helicopter's speed is reduced so it is keeping pace (or a little slower) with the defendant's vehicle on the ground. The pilot and flight officers from about 6,000 feet above, then use mile markers on the side of the highway to determine the aircraft's ground speed (via a stopwatch device). The aircraft effectively "paces" the vehicle, much like a ground unit would pace a vehicle. The flight officer will then radio a description of the vehicle and the alleged speed to an officer(s) in a ground unit, who will then detain the vehicle under probable cause for having committed a traffic infraction (or misdemeanor such as Reckless Driving if the speed is egregious enough).
How Is the Evidence Presented in Court?
The officers in BOTH the air and ground units MUST appear in Court for any contested proceeding. In addition, arguments can be made in Court which object to the methods of calculating the vehicle's speed. Mistakes can be made by the CHP air units with respect to the identify of the driver, the make, model and color of the vehicle, as well as the alleged speed, all of which may lead to the CHP ground units detaining the wrong person, and/or recording inaccurate speeds on the traffic citations themselves.
"Speed Enforced by Drone"? Not at the present time in the State of California - but as an experienced law office, we have learned to never say never.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent Traffic attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
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