(a) In General. This rule applies only to contested hearings in traffic infraction cases.
(b) Speed Measuring Device Certificate; Form. In the absence of proof of a request to produce an electronic or laser speed measuring device (SMD) expert served on the prosecuting authority and filed with the clerk of the court at least 30 days prior to trial or such lesser time as the court deems proper, a certificate in substantially the following form is admissible in lieu of an expert witness in any court proceeding in which the design and construction of an electronic or laser speed measuring device (SMD) is an issue:
CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION OF ELECTRONIC SPEED MEASURING DEVICES OR LASER SPEED MEASURING DEVICES
I, ____________________ do certify under penalty of perjury as follows:
I am employed with
_______________ as a ______________. I have been employed in such
a capacity for _______________ years and hold the rank of
________________. Part of my duties include supervising the
, maintenance , and repair of all electronic
and laser speed measuring devices (SMD's) used by
-----------------(name of agency) my agency.
This agency currently uses the following SMD's:
(List all SMD's used and their manufacturers and identify which SMDs use laser technology.).
I have the following qualifications with respect to the above stated SMD's:
(List all degrees held and any special schooling regarding the SMD's listed above.)
Our This agency maintains manuals for all of the above stated SMD's.
I am personally familiar with those manuals and how each of the SMD's are designed and operated. All initial On ________ (date), testing of the SMD's was performed under my direction. The units were evaluated to meet or exceed existing performance standards. This Our agency maintains a testing and certification program. This program requires:
(State the program in detail.)
Based upon my education, training, and experience and my knowledge of the SMD's listed above, it is my opinion that each of these electronic pieces of equipment is so designed and constructed as to accurately employ the Doppler effect in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator or, in the case of the laser SMDs, each of these pieces of equipment is so designed and constructed as to accurately employ measurement techniques based on the velocity of light in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator.
(c) Continuance. The court at the time of the formal hearing shall hear testimony concerning the infraction and, if necessary, may continue the proceedings for the purpose of obtaining evidence concerning an electronic speed measuring device and the certification thereof. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the readings of such device shall be granted.
(d) Maintaining Certificates
as Public Records. Any certificate, affidavit or foundational
evidentiary document allowed or required by this rule can be filed
with the court and maintained by the court as a public record.
The records will be available for inspection by the public.
Copies will be provided on request. The court may charge any
allowable copying fees. The records are available without a
formal request for discovery. The court is entitled to take
judicial notice of the fact that the document has been filed with
the court. Evidence will not be suppressed merely because there
is not a representative of the prosecuting authority present who
actually offers the document. Evidence shall be suppressed
pursuant to subsection (c) of this rule if the evidence in the
certificate, affidavit or document is insufficient, or if it has
not been filed as required.