BASIC VASCAR DEFENSE
 (Visual Average Speed Computer and Recorder) 

 

Vascar is where your car is timed between two points. Generally there are two lines. The timing starts when your car crosses on line and stops when you cross another. Laser is also use in that instead of a line, your car crosses one laser beam and then another. The time in between is calculated by a simple time distance formula.  In general this is done by a computer attached to the timing device. Other times it is done from a chart.

 

Most often there are two cops involved. One that takes the time measurements and determines the speed and the other that does the arrest and issues the ticket. This is always the situation where an aircraft is used and often where a speed trap is at play. For a conviction both cops must testify.

 

California Special - Additional material makes a conviction for vascar Impossible in CA - CALIFORNIA SPECIAL

 

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 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

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

 

 

Most often only one cop appears in court and gives the testimony for both cops. Unless you object the court will accept it. Remember; if you don't object to something the court can and does assume that by not objecting you accept it.

 

Allow the officer to testify: If he says anything where the reading was done by someone else immediately object: "Your Honor, I object , hearsay evidence. Only the officer that made the speed measurement ;or made the arrest can testify to that fact."

 

If the officer whose testimony is not there ask for a dismissal: "Your honor, the officer whose testimony is required is not here, the trial is today and Defendant objects to hearsay evidence as being entered. Defendant motions for dismissal."

 

Should the prosecutor ask or the Judge declare that the trial will be postponed to another date to allow that officer to testify: "Your honor, the trial is today and if the prosecution came unprepared the defense should not be made to suffer. The defense objects to an extension and motions for dismissal."

 

If this fails or if the cop that took the readings is the same one that arrested you then let the testimony finish and wait for cross examination.

 

 

Allow the Officer to testify. Pay special attention to the method by which he tested the laser gun and if he again tested it at the end of his shift.

 

The items that the prosecution must prove:

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.


Marker Measurement:

 

 

Other Questions: Ask follow up questions as you see fit:

additional and optional Vascar questions

 

 

Calibration of the time measuring device

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

 

 

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