RE: Daily Dose of Sultnpapper 01/13/18 > Insanity is just around the corner….
Beating radar is easy. First, when aiming, the device has to be at the correct degree to accurately receive the echo. Secondly, if the radar device is not secured or mounted, then the shaky hand syndrome comes into question. Ask the officer for his pistol range score. Radar score is always lower than that. (Oops, you weren't certified for radar skill; eh?) Also, cross-examine what he/she was taught in radar classes. Challenge the officer as not being a qualified witness. Calibration can be challenged. I pointed out, years ago, that my Chevy Nova was calibrated by the General Motors Corporation. I went on that unless the officer could prove that General Motors did not know what they were doing with motor vehicles, his testimony did not trump my statement and that the preponderance of evidence weighed in my favor. Even simpler, I would find out when the officer was on vacation and request the hearing during that period.
Thanks for all your tips and advice. James has been down all the roads before, those are good for stringing the case out and tying up the courts time and making them "earn" the money they collect in fines. He and I both believe he will stand a better chance should it go to trial by attacking the actual code that the district attorney is trying to apply in this case, it doesn't apply and is says it right in the code.
A jury will easily be able to determine that if they can read. Once they read it, they should understand that they have been duped like the rest of the public and have just "believed" the code applied because that has been passed along as being the case for so long.
We even have a copy of the District and County Attorneys Handbook on Traffic Stops, it is their "guide book" on how to prosecute traffic offenses. It states right in the book that "speeding" in and of itself is not a violation.
They know, we know it, and the judge knows it the only people who don't know it the public and we are hoping to change that as we move forward with this ticket.
Appreciate your input, but we are going a different direction on this one.