Appealling a traffic court decision

[stateboi]

What is the name of your state (only U.S. law)? VA

Long story short, I received a 60/40 speeding ticket on 10/26/2011, on George Washington parkway (GW parkway), Virginia. Because it's a federal park, it follows federal law, and I had to go to the US District court. I decided to go to court instead of paying for the ticket because I believe that I was not speeding and I don't deserve the ticket.

On court date, I was offered a reduced charge of 59/40, but I believe I was innocent and decided to pled not guilty, without representation.

During trial, the prosecutor provided a certification of calibration of the laser that was used by the officer, dated feb 2010, which is 1.5 years before the citation was given. I objected to the evidence as I know the in va, calibration older than 6 months should not be valid. At that moment in court, I did not have the law book with me, but rather handed in case law dated 1966 proven laser detector should be calibrated for no longer than one year. Prosecutor quickly dismissed the objection because the officer testified that "3 years is the standard of the department".

Va code 46.2-882 second paragraph specifically stated that "no calibration or testing of such device shall be valid for longer than six months"

the citation of the speeding ticket, which is under 36CFR4.21(c) "Operating a vehicle at a speed in excess of the speed limit is
prohibited."

while 36CFR4.2 states "State law applicable.

(a) Unless specifically addressed by regulations in this chapter,
traffic and the use of vehicles within a park area are governed by State
law. State law that is now or may later be in effect is adopted and made
a part of the regulations in this part.
(b) Violating a provision of State law is prohibited."

Therefore, I believe that the court have made a clear error in founding me guilty by relying on a miscalibrated device, because the court has violated provision of the VA law in making a judgement based on personal opinion instead of the court of law.

Do you think I have a case?

 

[justalayman]

Therefore, I believe that the court have made a clear error in founding me guilty by relying on a miscalibrated device, because the court has violated provision of the VA law in making a judgement based on personal opinion instead of the court of law.

Do you think I have a case?

sounds like it is worth a shot. This is a mistake of law which is a valid justification for an appeal.

but, realize that depending on other facts of the trial, the error could be irrelevant and as such, not enough to allow an appeal.

 

[Proseguru]

Did the officer testify that he visually estimated you speed? If so, and VA allows for a conviction based on just this, then although you could be correct with the LIDAR cert. it is harmless error because other evidence would have found you guilty.

First step is to get the transcript and review it. Do it fast, you have a short time period to file an appeal & notice.

 

[justalayman]

Did the officer testify that he visually estimated you speed? If so, and VA allows for a conviction based on just this, then although you could be correct with the LIDAR cert. it is harmless error because other evidence would have found you guilty.

one of the points I was speaking of that would render the outdated cert issue moot.

 

[stateboi]

So the fact that the judge made a clear judgement against statue (the judgement that certification is valid after 1.5 yrs, while VA requires it to be no longer than 6 months in order to be considered valid) is not sufficient to overturn the ruling?

Because I'm not appealing the speeding ticket itself, I'm appealing the judge's verdict based on biased personal opinion, resulting an unfair trial.

 

[Proseguru]

So the fact that the judge made a clear judgement against statue (the judgement that certification is valid after 1.5 yrs, while VA requires it to be no longer than 6 months in order to be considered valid) is not sufficient to overturn the ruling?

Because I'm not appealing the speeding ticket itself, I'm appealing the judge's verdict based on biased personal opinion, resulting an unfair trial.

Your understanding is correct. You may get an opinion that says 1.5 yrs is not OK but still lose your case. And bias? Grasping at straws methinks. But you are free to argue. Did you get the transcript yet? Post a link to a redacted copy.

 

[FlyingRon]

Did the officer testify that he visually estimated you speed? If so, and VA allows for a conviction based on just this, then although you could be correct with the LIDAR cert. it is harmless error because other evidence would have found you guilty.

First step is to get the transcript and review it. Do it fast, you have a short time period to file an appeal & notice.

It's not a Virginia issue. He was tried for violation of federal regulation in federal court.

 

[stateboi]

I guess there are room for arguments on either side of this case, but reguardless of how I argue, the judge who will be making a ruling on this appeal would know the lower court judge, more so than he knows me. And would likely to rule in favor of the other judge.

Continue to fight for this case makes no economic sense. To fight for justice, is basically hopeless.

USA v. People. You disappoint me.

 

[HighwayMan]

...the judge who will be making a ruling on this appeal would know the lower court judge, more so than he knows me. And would likely to rule in favor of the other judge.

Using that reasoning most cases would NEVER be won on appeal.

To fight for justice, is basically hopeless.

Overly dramatic I would say.

USA v. People. You disappoint me.

Why? Because you don't like the procedure for appealing a conviction? You want someone to wave a magic wand and reverser your conviction?

 

[davew128]

I guess there are room for arguments on either side of this case, but reguardless of how I argue, the judge who will be making a ruling on this appeal would know the lower court judge, more so than he knows me. And would likely to rule in favor of the other judge.

Thats not how appeals of trial errors work.

USA v. People. You disappoint me.

Davew128 vs. stupidity. The people never fail to disappoint me.