nottosmart
Junior Member
Name of my state is Wisconsin.
Some may know of my post before, and it got some pretty bad remarks, but to make a long story short, I got a DUI Second Offense... BAC: 0.16
Anyway, my question is this:
I finally received some of the information I requested through the demand for discovery. Some of the stuff that I "specifically" asked for was not given to me, such as:
1: the Calibration reports of the officers squad car
2: the repair history of the squad car within the past 12 months
as well as some other things (sorry, I don't have the form in front of me right now)
Can any of this be used in court if I haven't received it?
Anyway, along with the discovery, I received the video from the police car.
I was stopped for speeding, the officer "estimated" my speed to be 40 MPH and in his report, he stated that he was headed northbound when he observed my car speeding and did a u-turn to pace me, but was unable to get me on radar. While behind me, he again "estimated" my speed to be 40 MPH but added that I was still accelerating until he caught up with me. And that he had the entire DUI stop on video.
Now, upon viewing the video several times, and knowing the distance that was traveled, it is impossible for me to have been traveling 40 MPH. I have done the math, and it does not add up, nor does his "estimation nagree with the police video.
On the police video, it shows his speed, his maximum speed reached was 39 MPH. Looking at the video, I will say that visually, it indeed looks as if I am traveling at a high rate of speed, until you notice his speed... 4-6 MPH. Once I am about 450-550 FT away from him, he starts to accelerate, once his speedometer reaches 30 MPH, you can plainly see that he is gaining on me at a somewhat slow rate, but nonetheless he is gaining on me. At 35 MPH, the gap is closing incredibly fast, he then hits 39 MPH and while I am approximately 8-12 car lengths away from him, he activates his emergency lights. and the chase concludes.
Based on mathmatical equations and the police video, the fastest I was traveling at any given moment was 31 MPH in a 25 MPH speed limit. Is 6 MPH over the limit reasonable cause to pull someone over?
The entire police video does not contain all the information that the officer says in his report. For instance, the video does not start until he is directly behind me at a Stop Light.
Anywa, my main question here is since I have a Jury Trial schedualed, do I file a Motion to Supress Evidence because the stop was unconstitutional? Or do I fight the cause in court in front of the Jury?
Needless to say, I was not given a ticket for speeding, only for the DUI.
I have gone over the tape several times to make sure I was seeing and doing the math correctly based on the speed that I was accused of doing.
-Also, I was reading an article from another state (don't remember which state), but they had said that if you request the "source code" for the blood test analysis machine, that they will not give you the source code due to it being a trade secret, and since the machine is what is accusing you of being over the limit, that you can get the blood test results thrown out of court, since you can not face your accuser directly which is a constitutional right. Is this true or possible, or is this just a bunch of nonsense? Cause to me it sounds like BS, but would be pretty cool if it was true...
Some may know of my post before, and it got some pretty bad remarks, but to make a long story short, I got a DUI Second Offense... BAC: 0.16
Anyway, my question is this:
I finally received some of the information I requested through the demand for discovery. Some of the stuff that I "specifically" asked for was not given to me, such as:
1: the Calibration reports of the officers squad car
2: the repair history of the squad car within the past 12 months
as well as some other things (sorry, I don't have the form in front of me right now)
Can any of this be used in court if I haven't received it?
Anyway, along with the discovery, I received the video from the police car.
I was stopped for speeding, the officer "estimated" my speed to be 40 MPH and in his report, he stated that he was headed northbound when he observed my car speeding and did a u-turn to pace me, but was unable to get me on radar. While behind me, he again "estimated" my speed to be 40 MPH but added that I was still accelerating until he caught up with me. And that he had the entire DUI stop on video.
Now, upon viewing the video several times, and knowing the distance that was traveled, it is impossible for me to have been traveling 40 MPH. I have done the math, and it does not add up, nor does his "estimation nagree with the police video.
On the police video, it shows his speed, his maximum speed reached was 39 MPH. Looking at the video, I will say that visually, it indeed looks as if I am traveling at a high rate of speed, until you notice his speed... 4-6 MPH. Once I am about 450-550 FT away from him, he starts to accelerate, once his speedometer reaches 30 MPH, you can plainly see that he is gaining on me at a somewhat slow rate, but nonetheless he is gaining on me. At 35 MPH, the gap is closing incredibly fast, he then hits 39 MPH and while I am approximately 8-12 car lengths away from him, he activates his emergency lights. and the chase concludes.
Based on mathmatical equations and the police video, the fastest I was traveling at any given moment was 31 MPH in a 25 MPH speed limit. Is 6 MPH over the limit reasonable cause to pull someone over?
The entire police video does not contain all the information that the officer says in his report. For instance, the video does not start until he is directly behind me at a Stop Light.
Anywa, my main question here is since I have a Jury Trial schedualed, do I file a Motion to Supress Evidence because the stop was unconstitutional? Or do I fight the cause in court in front of the Jury?
Needless to say, I was not given a ticket for speeding, only for the DUI.
I have gone over the tape several times to make sure I was seeing and doing the math correctly based on the speed that I was accused of doing.
-Also, I was reading an article from another state (don't remember which state), but they had said that if you request the "source code" for the blood test analysis machine, that they will not give you the source code due to it being a trade secret, and since the machine is what is accusing you of being over the limit, that you can get the blood test results thrown out of court, since you can not face your accuser directly which is a constitutional right. Is this true or possible, or is this just a bunch of nonsense? Cause to me it sounds like BS, but would be pretty cool if it was true...