Speeding Ticket Tx. Radar Callibration

What is the name of your state? Tx
I am going for a pre trial in a speeding ticket case and I asked for the radar callibration records from the county and the speeding tickets given that day and nearby. They did send me the speeding tickets information but did not include the radar callibration record. Speeding tickets information that was provided did mention either speeding or speeding over 15mph. No case was mentioned where it was said that speeding 18mph or 20mph or 7miles per hour. I talked to the Radar Company and they said it has to be recallibrated every one year. Since county did not provide me with the callibration record can I plead my case that the radar was not callibrated.
One of the questions asked to me was also what is my nationality. Even though this question has gone on my ticket. Can I also plead on this basis.
Thanks
Harvinder

Here's what I did

when i got my first radar ticket, i sent my "request for discovery" asking for many things. i recieved copies of the calibration records....they were 4 years old!!! they did not send me 2 critical items 1) a copy of a valid speed study (needed to show the posted speed limit was lawfully just per the MUTCD) and 2) a copy of the FCC permit establishing the lawful use of the radar device per FCC Part 90, subpart F).
at the time of my trial, i filed a "motion for Production" with the judge. i showed the judge my request for discovery and how the "state" did not comply and he granted my motion. this forces the "state to show this things by the next court date. if they dont produce it, you should be able to get the case dismissed for the state violating your states rules of evdience laws. in this case the deputy never showed up and i got my case dismissed for "failure to prosecute"
i would file a "motion to dismiss" citing the violation for discovery (be sure to check your states laws so you can tell the judge the statue number) or citing the failure to establish the accuracy of the radar reading. if not granted, i would file a "motion for production" and force them to give you the records.

as far as if you can win based on no records or older than 1 year....here is what happened to me on my second radar ticket -
i recieved the 4 year old calibration records as well as many other items of non-compliance which should have got the case thrown out, but lower courts can do whatever they want. i was found guilty and am in the process of appealing to the district court (new mexico).
good luck with it.
joe

harvinder said:

What is the name of your state? Tx
I am going for a pre trial in a speeding ticket case and I asked for the radar callibration records from the county and the speeding tickets given that day and nearby. They did send me the speeding tickets information but did not include the radar callibration record. Speeding tickets information that was provided did mention either speeding or speeding over 15mph. No case was mentioned where it was said that speeding 18mph or 20mph or 7miles per hour. I talked to the Radar Company and they said it has to be recallibrated every one year. Since county did not provide me with the callibration record can I plead my case that the radar was not callibrated.
One of the questions asked to me was also what is my nationality. Even though this question has gone on my ticket. Can I also plead on this basis.
Thanks
Harvinder

Click to expand...

"Asking" and making a proper motion for Discovery are different issues. Discovery can sometimes be a very specific legal animal.

As for the nationaliy part, it's likely a blank on the citation. And in some places, they prefer the officers ask the person rather than look at them and try to make the determination. All our citations in CA have "Race" on them, so we have to put that down as well.

- Carl

Speeding Ticket in Comal County, Tx.

I went to the court for a jury trial today. I had the discovery documents with me which the DA didn't let me produce to the court as he said he didn't know about it.
Basically comal county couldn't produce the log files or the radar calibration records as they dont have them. Also the certificate of the officer showing radar training was 4 yrs old. I lost infront of the jury but I do want to take the case to the upper court.
My questions if I file the motion for production and the county dont send the radar calibration records and the log files can I on the basis of that win my case. Please let me know.
thanks
Harvinder

harvinder said:

I went to the court for a jury trial today.

Click to expand...

harvinder said:

I lost infront of the jury

Click to expand...

harvinder said:

My questions if I file the motion for production and the county dont send the radar calibration records and the log files can I on the basis of that win my case. Please let me know.

Click to expand...

Unless part of your motion for production calls for a time machine, no you can't because it's too late, the trial is over.