Press Release


February 23, 2005

Sonoma County Superior Court Commissioner Rules that the City of Santa Rosa is operating an illegal "Speed Trap" in violation of California law.

Steve Soldis, resident and business owner in Santa Rosa, was issued a traffic citation for speeding on Summerfield Road in Santa Rosa. Soldis questioned the validity of the citation in the Sonoma County Superior Court based upon the fact the speed limit was not supported by the speed survey.

The California Vehicle Code requires a speed survey be conducted to set the safe speed before radar can be used for enforcement on most roads (with exceptions). If a speed limit is posted below the recommended speed survey, the police may NOT use radar to base citations for speed violations. If a police agency ignores this law, the Court does not allow an officer to testify in court or present evidence, as this is considered an illegal speed trap.

Superior Court Commissioner Lawrence Ornell listened to evidence and testimony by Steve Soldis and the Santa Rosa Police Officer. After taking the case under submission and conducting research of relevant law and case law, Ornell ruled in a one-page ruling that "the speed survey before the court is inadequate and does not justify the posted speed limit. Therefore, there was a speed trap and the law compels the exclusion of all evidence of the defendant's speed. There being no competent evidence the verdict is not guilty."

After the verdict, Steve Soldis contacted the City of Santa Rosa and spoke with Deputy Director of Public Works and Traffic, Gene Benton. Steve Soldis informed Benton of the illegal speed limit on Summerfield Road and the ruling by Commissioner Ornell. Benton replied, "I don't care what the judge said. He doesn't know what he is talking about." Benton stated the sign would remain as posted.

Former Police Officer Joseph Soldis (Steve Soldis' brother)stopped thousands of vehicles in his career as a police officer, stated he is disappointed yet not surprised by the actions of Santa Rosa. Joseph Soldis stated, "This is not the first time that the City of Santa Rosa chose to follow its own road when it comes to complying with the law. I have personally contacted the City on other matters, including traffic matters, and found the City to ignore its duty to comply." Joseph Soldis, now a law student and criminal/civil private investigator, and plans to pursue consumer protection cases when completing law school.

As it stands, the City of Santa Rosa is legally prohibited from enforcing the speed limit on Summerfield Road through radar enforcement. However, Joseph Soldis has learned that it is 'business as usual' citing anonymous police sources. The SRPD continues to enforce traffic through the use of radar on Summerfield Road and issue traffic citations, all of which could be dismissed if the public were aware.

CONTACT

Steve Soldis
Phone: (800) 800-3579/ Fax (800) 882-8195
Email: Steve@eDMV.com


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