Bogusticket
Junior Member
What is the name of your state (only U.S. law)? CA
I've read the thread by austinado and was in a similar situation. Specifically, I was cited for going over 100 mph (clocked at 110) on the freeway and during the trial the officer failed to provide any documentation regarding his training or calibration. He simply testified that he saw me traveling at "a high rate of speed" and then used his radar (not Lidar) to measure my speed at about 1200 feet away. He stated that the radar was calibrated in May of 2008 and that he was certified on some date (I can't recall exactly). My takeaway from the Austinado thread is that his testimony that the radar was calibrated could be deemed hearsay and therefore could introduce reasonable doubt that I was in fact traveling over 100 mph. I believe austinado was able to convince the judge that the Earnest case was a presedent that put the burden of proof on the prosecution to prove the facts with evidence not just testimony. As such, I am planning on filing an appeal.
Any help on how i might be able to get ahold of austinado would be appreciated. I have 29 days to do so!
I've read the thread by austinado and was in a similar situation. Specifically, I was cited for going over 100 mph (clocked at 110) on the freeway and during the trial the officer failed to provide any documentation regarding his training or calibration. He simply testified that he saw me traveling at "a high rate of speed" and then used his radar (not Lidar) to measure my speed at about 1200 feet away. He stated that the radar was calibrated in May of 2008 and that he was certified on some date (I can't recall exactly). My takeaway from the Austinado thread is that his testimony that the radar was calibrated could be deemed hearsay and therefore could introduce reasonable doubt that I was in fact traveling over 100 mph. I believe austinado was able to convince the judge that the Earnest case was a presedent that put the burden of proof on the prosecution to prove the facts with evidence not just testimony. As such, I am planning on filing an appeal.
Any help on how i might be able to get ahold of austinado would be appreciated. I have 29 days to do so!
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