Tipmra-4

Judicial Notice: - Statutory device that allows a judge to accept as true, and direct the jury to do likewise, certain fundamental facts not subject to serious dispute, so that the parties need not offer proof of these facts.

Judicial notice is where the court accepts as fact something, which does not have to be proven. For example water is H20, fire is hot, ice is cold. Courts have taken judicial notice that Radar, speedometers and time-distance measuring devices are accurate provided they are calibrated and used correctly.

Laser on the other hand has limited Judicial notice. Less then 5% of jurisdictions have taken judicial notice that a laser speed measuring device is accurate to a legal degree of certainty for admissibility as evidence in a speeding ticket trial. In other words, in 95 percent of all jurisdictions there is no Judicial notice. In the few instances that exist there are serious limitations.

IMPORTANT: You don't know where to find Judicial Notice. For Judicial Notice to exist it has to have been contested in a High Court (case law) or a Hearing of some kind had to have taken place. For you to prove that no judicial notice exists is not possible. You can not prove the non-existence of something that does not exist. If you bring up the challenge it is up to the prosecution to prove that it exists. Challenge Judicial Notice for laser, moving radar and visual speed estimation when the evidence is introduced.

For example: The prosecutor will ask the officer what type of device he used. If he says laser, moving radar or visual speed estimation immediately stand up and object this way: "I Object, no Judicial notice as to the accuracy of laser, moving radar or visual speed estimation exists in this jurisdiction."

The Judge may say something or the prosecutor may ask you something like this: "What evidence or documentation do you have to prove this?"

Reply with: "With all due respect, it is not possible to prove the non-existence of something that does not exist. It is up to the prosecution to prove that Judicial notice exists when challenged and not up to the defense that it does not. This is the prosecutions evidence and if they want to introduce it, it is up to them to prove judicial notice."

Note:

 The Five Basic types of Speed Measurement devices used and how they work:

How Radar works:

Well first off, it really isn’t radar. Sure an electron beam is sent out and returned, but the Doppler effect determines the speed reading. That is where frequency changes as a moving object approaches you or moves away from you. The change in the frequency determines the speed. To do this the radar unit utilizes a “beat frequency oscillator”. This deals with beats in the millions per second. The tuning forks induce beats for a specific speed. That is there is a 30 mph fork, a 50 mph fork and a 70 mph fork. OK, the speed forks may vary depending on manufacturer; most have a minimum of two (the quantity is not important). These forks are similar to the ones you remember from music classes. The teacher hits the tuning fork marked “A” and you have an “A” on the chromatic scale. The frequency can be slightly off and no one will notice, our ears are not that good. On the radar unit a change in frequency of 10 kHz or 10 beats per second in millions is enough to make it unreliable. A scratch on the tuning fork is enough to cause that. If the tuning fork is ever drooped or damaged in any way it becomes unreliable. That is why every six months at least the forks should be sent away to a certified facility to be re-adjusted, tested and re-certified. See: How Radar Works

It is also important that the tuning forks not be damaged in any way since the last test and certification and you can, if you feel like it question the officer on it.

Sample Questions: