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BASIC RADAR DEFENSE

When your name is called hand over the following case laws plus appropriate case law from your sate.

If your State has appropriate case law: "Your honor, here is some appropriate case law for your consideration along with relevant case law from sister states." Hand him BOECKER  GERDES  LANGFORD PERLMAN and TOMANELLI plus your State case Laws.

If your State has no appropriate case law: "Your Honor, here is some appropriate case law from sister States. Unfortunately our State has no pertinent case law and as such the wisdom of High court Judges from Sister States should be considered." Hand him BOECKER  GERDES  LANGFORD PERLMAN and TOMANELLI

(remember you should have three copies. One for the Judge, another for the prosecutor and one for yourself)

 

 

If The Prosecutor or officer enters into evidence a document pertaining to be the certification of the tuning forks and their last calibration you must use the verification defense. You should read it before you proceed here and understand it. Take it with you to court. VERIFICATION DEFENSE

 

 

If no certification was entered during direct examination of the witness - Continue:

The items that the prosecution must prove:

All manuals state that the officer is to first determine visually that a car is going to fast and only then target the car with his radar and take a reading. This is what they are supposed to do and the officer will testify to this even if he did not do it. If he did not testify to this it makes no sense challenging it. This dog won't hunt.

The officer is required to test the unit before use. To do this he pushes an internal button to check the circuitry and the uses two or three tuning forks to test the speed measuring accuracy of the unit. Even though he may not have done this he will testify that he did.

Allow the officer to give his testimony and take notes as to anything he omitted from the items he must prove. The following is the another shot across the bow. You are asking for a directed verdict. A directed verdict can only be asked for after the prosecution has finished it's case in chief. The verdict can only be not guilty. The Judges other option is to deny the motion and the trial will continue.  You have a small chance that the Judge will grant the motion and the trial ends. Always ask for the directed verdict at this time if any of the above was not properly addressed. Remember you can ask, and keep asking for a directed verdict for every item listed below. You may ask several times provided each request is based on a different set of facts omitted in testimony. A Directed Verdict is seldom granted when there is no Jury. It is designed more for a Jury trial then a trial by a Judge. Don't be alarmed if the Judge tells you this. With each motion you are shaking the foundation of the prosecutions case and drawing attention to the weakness of the foundation of the prosecutions proof.

The Prosecution or Judge in a trial where there is no prosecutor my make objection or try to ask the question that was missed. If the prosecutor or Judge starts to ask the missed question immediately object:

Prosecutor objects or asks a question: " Your Honor, I object, the prosecutor may not open the prosecutions case in chef again even if a mistake was made and required testimony was not solicited. The prosecution has rested and must sit with the evidence it presented."

Judge starts to ask questions: "Your Honor, I object. First the people went ahead without a prosecutor. Second I object to you acting as prosecutor."

If the prosecutor makes an objection: "Your Honor, the people have rested. The prosecutor has no standing in making an objection to a motion requesting a directed judgment."

The Judge makes an objection: He won't but if he does. "Your honor are you now taking the roll of prosecutor and objecting for the people on a motion you have been asked to rule upon? If so, I object and motion that you recuse yourself because you have taken a biased position acting on behalf of the prosecution."

 

 

If the Judge does not rule in your favor:

Now it is your turn to cross examine the witness. You should have read CROSS EXAMINATION

1. Ask him any questions you have regarding any of his testimony that you might want clarification to: Since the list here could be endless and totally dependent on your specific trial I make no attempt to give suggestions.

2. If you are combining your defense with the Tipmra advanced CFR strategy then ask: (note: if you did not Subpoena the material ask it anyway but leave out the part about the subpoena)

You will probably hear objections and the mashing of teeth as the prosecutor, or Judge and the officer have a near heart attack. Here are the suggested ways of handling the objections. Handling OBJECTIONS TO CFR

 

The purpose of the placement of this defense here is to throw the prosecution a curveball, possibly end the case right here and at worst you have seriously disrupted the prosecutions plan for an easy victory.


3. If the certification for the tuning forks was not entered into evidence earlier ask: "Officer, You testified that you used tuning forks to test the accuracy of the device. Please present for the purpose of foundation as to the evidence entered the required document certifying that the tuning forks themselves are accurate and have been tested and certified within the last six months."

You will probably hear objections and the mashing of teeth as the prosecutor, or Judge and the officer have a near heart attack. Here are the suggested ways of handling the objections. OBJECTIONS

If by a fluke of chance he has the material use the VERIFICATION DEFENSE

ADDITIONAL RADAR QUESTIONS YOU CAN ASK - Short List

ADDITIONAL RADAR QUESTIONS YOU CAN ASK - Long List

 

 

If at this point you have failed to have the case dismissed it is time to rest your case and go on to closing arguments.  " Your honor, the defense rests and is prepared for closing arguments"   See CLOSING ARGUMENTS

Suggested Reading


CLOSING ARGUMENTS    CROSS EXAMINATION    MOTIONS    HANDLING OBJECTIONS   HOW RADAR WORKS

 

 

The Tipmra Speeding Ticket Defense