• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Officer refused me a demostration of Laser and accuracy test?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Y

YoungCowdenknow

Guest
What is the name of your state? Georgia

I was given a speeding citation in Gwinnett county, Georgia by a 'brand new' cop, fresh out of the academy, he has made several mistakes on the citation, He put the weather down as cloudy but it was 5:00am in the morning and pitch black!,
He put the conditions down as 'wet' but it was bone dry!
and then he refused to demonstrate or even show me the Laser device and capped that off by stating that "in georgia we are not allowed to let people out of thier vehicles because of officer safety issues, so that is why I am not letting you see my Laser or demonstrate it to you!"

Is this grounds for a dismissal???

Please advise, :(
 


CdwJava

Senior Member
I know of no state in the union that requires an officer to show you the laser or radar reading OR how the device works. You can always try to contest the citation based upon the clerical errors you mentioned, but I doubt that it will fly unless you can tie it in to a factual basis for a legitimate defense against the citation.

Carl
 
Y

YoungCowdenknow

Guest
Code section 40-14-5 !!

Contrary to the code section below, this young officer not only did not offer me an accuracy test but flat out refused me one when I asked,

40-14-5 * Each device must be checked for accuracy at the beginning and end of each shift. Officers must inform each violator that they have right to request the officer to test the radar device for accuracy. Officer must perform the test if requested.

Do you think this is grounds for a dismissal?
 
K

krispenstpeter

Guest
40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer´s recommended procedure. Any radar unit not meeting the manufacturer´s minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
The key element of the above ENTIRE code is that the office must inform you that he/she intends to use the device to make the case against you.

Nowhere in your post did you state how fast you were going, what the citation stated or if the office actually stated that he/she was going to use the device to make the case against you.
 
Y

YoungCowdenknow

Guest
Dear krispenstpeter,
Sorry, the citation stated that under code section 40-6-181 that I was doing 79 in a 45 (which I strongly contest) He was using a Laser device.
In the remarks section, he also stated that I was the 'only vehicle' which is also untrue as I was one of three cars although I was in the front position.
In the weather section he put that it was cloudy when in actual fact it was 5:00am and pitch black but otherwise clear visibility, then in 'Road" conditions he stated that it was a wet road, it was in fact bone dry and the dew point wasn't for another 1.5 hours !
He did say that "on the grounds of his laser reading, he has detirmined that I was speeding according to the above code and that he was issuing a citation accordingly."
 
K

krispenstpeter

Guest
34 miles over the speed limit.

Even with the statute you have quoted, I doubt seriously that the ticket will be dismissed. Personally, I think you stand a good chance but I wouldn't bet the farm on it.

The judge can either throw out the entire ticket based on the sum of the inconsistancies or change it to reflect the facts. Either way, it's a crap shoot.
 
Y

YoungCowdenknow

Guest
Dear krispenstpeter,
Thank you for your reply. I am hoping that the Solicitor will make a deal with me and drop it to below 14 mph. I have always been taught to take responsibilty for ones actions and therefore would have to say that I was probably going more than 45, but I fervently contest the speed stated on the ticket !!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top