(Radar evidence is used as the example)
The officer is sworn in, takes the stand and testifies to the following
1. He identifies both you and your car
2. He clocked you on radar, you were clocked say at 55 in a 30 mile zone.
3. He tested the radar gun three ways:
He pressed the button for the internal circuit test and it tested ok
He tested it with a 30 mph and 50 mph tuning fork as per manufactures manual and it tested as being accurate
Office Jones drove by his location as a test at 30 MPH and 50 MPH. The radar guns readings agreed with Officer Jones readings on his speedometer
4. He was trained on the use or radar two years ago and recently had a refresher course
The prosecution rests it's case, smiles at you knowing that your goose is cooked
Now it is your turn to ask the officer questions:
If you know the questions to ask and how to ask them you have an excellent chance of beating this ticket. Lets us look at some important items the prosecution missed. The following are only a few examples.
- The prosecution showed that the unit was tested before the arrest but not that it was tested again after the arrest as required by case law and in many States by Statute.
- The prosecution did not show that the unit was tested for interference at the location of use as required by case law and in many States by Statute.
- The prosecution presented no documentation that the unit was certified as being accurate, no manufactures certification of accuracy or recent shop visit for function and accuracy testing
- Although the officer testified to having had training, no mention was made that he was trained on the specific radar gun he used
- Although he clocked you in a 30 MPH zone, that speed zone may be invalid unless he can present a ENGINEERING SURVEY as required by law attesting to the fact that 30 MPH is the correct speed limit for that specific stretch of road.
- The officer did not testify that the tuning forks used were of the correct frequency for his specific gun or even if they were the ones provided by the manufacturer for that gun
- The officer did not present documentation that the tuning forks themselves were accurate as required by appellate court decisions
- Radar has a very broad beam. Other cars on the road could have caused the reading on his gun. The officer gave no testimony on how he determined that your car and only your car could have provided that reading
Caution: This is only a small sampling of questions to ask and not necessarily the way to ask them:
As you can see for yourself; if you know the questions to ask and how to ask them you can punch serious holes into the prosecutions case and make the evidence inadmissible or at least insufficient for a conviction. You should be prepared to back up your questions with either relevant case law or specific Statutes. THERE IS NO "ONE SIZE FITS ALL" DEFENSE. You have to have a prepared defense capable of handling the various situations that you can and will encounter in court.
Lesson 2; All evidence requires foundation CLICK HERE