Previous Page          Print Color    Print B&W  

 

VERIFICATION DEFENSE

In this situation, when the officer is testifying the prosecutor hands the tuning fork test paper to the officer for identification. In a trial without a prosecutor the officer may hand the document to the Judge during testimony.

 

You say: "May I see that document" They have no choice but to hand it to you for examination.

 

All tuning fork test documents have the following:

 

 

"With the document in your hand and held such that the officer can not read it ask: Officer, how did you identify this document as belonging to the tuning forks used on the day of my arrest?"

 

He will say either of the following:

 

 

 

By the Serial Numbers: "Officer, what are the serial numbers?" (remember you are holding the document and are asking him to tell you what the serial numbers are. He will have no clue what they are.) When he can't recite them. "officer, you identified this document by the serial numbers yet you don't know what the serial numbers are. How do you explain that?"

 

 

 

Some person pulled it from the files and handed it to me: " Your Honor, unless that person is here to testify that this is the document he or she pulled from the files and that this document is for the tuning forks used on the day of my arrest I object to it being entered into evidence." if that person should be called and available, give him or her the by the serial number questions.

 

 

I went to the file cabinet marked Radar gun such and such and pulled it out: "did you match the serial numbers from the document with the actual tuning forks used on the day of my arrest?" If he says YES: ask the questions from He may say that earlier he matched the serial numbers. If he says NO: " Your Honor, I motion that this document not be entered into evidence as the officer has not properly identified the document as belonging to the tuning forks used on the day of my arrest."

 

 

 

 

If the document is entered into evidence you can live with it. It is not your only defense. The chances of the prosecutor or officer having this document is very small. The chance of the document being entered into evidence after you ask these questions is even smaller. The odds are greater then 1000 to 1 that you will not have to face this document as either existing or being entered into evidence.