ENRADD speeding ticket

[jdeday]

What is the name of your state? PA

I was recently stopped for speeding 65 in a 50 by an office from the local municipality. The device that was used as described on the fine was ENRADD over 3 feet. My coworker was driving the car in front of me, she told me that she was traveling 58 and couldn't believe that I was traveling that fast. Can anyone provide me with some advice that I can present at the hearing?

Thanks.

Jeff

[seniorjudge]

Q: Can anyone provide me with some advice that I can present at the hearing?

A:

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[loulblades]

I would suggest doing a search for "ENRADD" on this site. That will at least give you a place to start.

I doubt the magistrate would take the testimony of your coworker over the PO (did I say doubt...). But if you could only get it dropped to 58...

[jdeday]

Thanks for your tips.

I did some research and found:

1.That I need to ask the officer to present the Calibration Certificate for the ENRADD device.

2.Verify that it was calibrated within the last 60 days.

3.Verify that it was calibrated by a approved calibration agency.

I found that two officers are required to appear at the hearing. How can I find written documentation that confirms that two officers are required to operate the ENRADD device?

Does the officer need to be certified to operate the ENRADD device?

My citation indicates that miles timed is 3 feet but the calibration procedure define at [url]http://pacode.com/secure/data/067/chapter105/s105.56.html[/url] list 5 feet, why is this different?

Jeff

[loulblades]

Originally Posted by jdeday

Thanks for your tips.

I did some research and found:

1.That I need to ask the officer to present the Calibration Certificate for the ENRADD device.

The Cal Certificate must be presented at the hearing. If the officer shows up without it, you have grounds for dismissal.

Originally Posted by jdeday

2.Verify that it was calibrated within the last 60 days.

Verify on the cal certificate presented.

Originally Posted by jdeday

3.Verify that it was calibrated by a approved calibration agency.

Verify yourself in latest PA Bulletin and the officer must provide judicial notice.

Originally Posted by jdeday

I found that two officers are required to appear at the hearing. How can I find written documentation that confirms that two officers are required to operate the ENRADD device?

Please send me the link to where you found 2 officers must attend. All the hearings I have been to included 2 officers (even when I was the only other person there) but I was not aware this is a requirement.

I believe the wireless version only requires 1 officer but I don't have an official document.

[jdeday]

Sorry but what is judicial notice?

Jeff

[loulblades]

It is to provide the court with notice of certain info. In this case the officer, a DA if one were involved (but highly unlikely in PA), would say something along the line that judicial notice is being provided that the cal. station and the ENRADD unit is listed in the current issue of the PA Bulletin.

Refer to Comm. v Denny, Comm. v Kaufman, Comm. v Kittelberger and Comm. v Nardei among others.

I am sure you can find a much more "official" description of judicial notice somewhere but I am not a lawyer (nor would I want to be one).

[jdeday]

Originally Posted by loulblades

It is to provide the court with notice of certain info. In this case the officer, a DA if one were involved (but highly unlikely in PA), would say something along the line that judicial notice is being provided that the cal. station and the ENRADD unit is listed in the current issue of the PA Bulletin.

Refer to Comm. v Denny, Comm. v Kaufman, Comm. v Kittelberger and Comm. v Nardei among others.

I am sure you can find a much more "official" description of judicial notice somewhere but I am not a lawyer (nor would I want to be one).

During the trial do I asked for judicial notice or does the officer volunteer this information? Where can I find the case studies that you listed above? I did a google search with no luck.

Thanks again for your help.

Jeff

[loulblades]

Here is a place to look
[url]http://www.courts.state.pa.us/Index/Opinions/IndexOpinions.asp[/url]

No, you don't ask for judicial notice. If PO finishes his/her testimony and has not provided the notice, then you can request dismissal based on the case law that requires it. Once you research and print out the applicable case laws, have 3 copies of each: 1 for magistrate/judge, 1 for prosecution, 1 for you so you can read the applicable statements (highlighted ahead of time of course).

Since these are local POs, you will probably have a talk before hearing and you may have the chance to plead down. These things are not as formal as "Law and Order" courtrooms (but don't irritate the judge by being too informal yourself).

[jdeday]

On my way to work this morning I notice the office that had stopped me for my speeding violation was patrolling the same area. And it appears that they are using the wireless ENRADD device. I found the PA bulletin that approves the use of the ENRADD wireless device. I'm still unclear of the calibration procedure for this device. My citation list that I was timed at a distance of 3 feet, but the calibration process for the ENRADD, that I found online, lists a distance of 5 feet. Can the ENRADD device be calibrated at a different distance than the distance the road sensors are placed at?

Jeff

[jdeday]

Originally Posted by loulblades

Here is a place to look
[url]http://www.courts.state.pa.us/Index/Opinions/IndexOpinions.asp[/url]

No, you don't ask for judicial notice. If PO finishes his/her testimony and has not provided the notice, then you can request dismissal based on the case law that requires it. Once you research and print out the applicable case laws, have 3 copies of each: 1 for magistrate/judge, 1 for prosecution, 1 for you so you can read the applicable statements (highlighted ahead of time of course).

Since these are local POs, you will probably have a talk before hearing and you may have the chance to plead down. These things are not as formal as "Law and Order" courtrooms (but don't irritate the judge by being too informal yourself).

Loulblades,

Thanks for your help. I was able to find Commonwealth v. Kaufman but was unable to find the others you mentioned. My hearing is on Monday, and I should expect the officer to provide Judicial Notice for the following three items:

1. The speed timing device being approved by the Commonwealth
2. Certificate for calibration
3. Proof that the calibration station is approved by the Commonwealth

Is the correct?

Thanks.

Jeff

[Maestro64]

Jeff,

I have copies of all those cases plus more that are applicable in PA, plus some other additional information that you might find useful.

if you go to [url]http://www.radardetector.net/[/url] You can PM me there and I can share what I have.

Also, ENRADD may or may not use two Officers, most likely there is one person who monitors the system and the other who chases or issues the ticket. You are correct both officer are required to show up if they plan on having a real hearing and you do not plead it down. Be careful they may want a continuance if you object to the fact that the two officers are not there. But you first have to be sure two were actually involved. One can operate it since it is wireless up to 2000 ft.

Also the original the ENRADD devices were bigger so they might have been cal over a 5 ft distance in the past. The newer units are much small, and a lot harder to see along the side of the road, I have seen the spacing as little as 2 ft.

Also, remember in PA that can only ticket you for 10 over when they use timing devices thus the reason your co-worker was not ticketed and you were.

One flaw an ENRADD has it crosses both lanes so an car heading the other direct could trigger it too.

Look me up under the screen name Maestro on that website.

[jdeday]

Originally Posted by Maestro64

Jeff,

I have copies of all those cases plus more that are applicable in PA, plus some other additional information that you might find useful.

if you go to [url]http://www.radardetector.net/[/url] You can PM me there and I can share what I have.

Also, ENRADD may or may not use two Officers, most likely there is one person who monitors the system and the other who chases or issues the ticket. You are correct both officer are required to show up if they plan on having a real hearing and you do not plead it down. Be careful they may want a continuance if you object to the fact that the two officers are not there. But you first have to be sure two were actually involved. One can operate it since it is wireless up to 2000 ft.

Also the original the ENRADD devices were bigger so they might have been cal over a 5 ft distance in the past. The newer units are much small, and a lot harder to see along the side of the road, I have seen the spacing as little as 2 ft.

Also, remember in PA that can only ticket you for 10 over when they use timing devices thus the reason your co-worker was not ticketed and you were.

One flaw an ENRADD has it crosses both lanes so an car heading the other direct could trigger it too.

Look me up under the screen name Maestro on that website.

Maestro,
PM sent. Thanks.

[jdeday]

I have now been able to verify from my citation that the equipment was tested within the 60 days of the violation, the testing station is on the PA bulletin list and the ENRADD device also on the list.

What should my defense consist of?

Jeff

[loulblades]

Originally Posted by jdeday

I have now been able to verify from my citation that the equipment was tested within the 60 days of the violation

What is relevant is the date on the cal. cert. When the cal. cert. is presented, search all details (the case law that you have will tell you what to look for). Proper date, correct serial no., correct model no., no copy, actual signatures, etc. You may be doing this while the officer is testifying. You don't want to miss that. You might want to have an "assistant" with you (detail oriented) to scan the cal. cert. Have a list of what to look for and if you have to, ask the magistrate for more time.

Originally Posted by jdeday

the testing station is on the PA bulletin list and the ENRADD device also on the list.

Again what is relevant here is if the officer provides judicial notice of such.

Originally Posted by jdeday

What should my defense consist of?

Jeff

At this point I am working on a more definitive defense for speeding tickets but if the officer does his/her part to present the evidence against you, well...

I go into these hearings with about 8 folders with case law etc. and reference notes.

In my case with the local PO (ENRADD), the ranking officer opened up dialog with me in the courtroom before the magistrate came in. He was surprised that I would plead not guilty because most just pay. He then presented his paperwork to me. He had a binder with the cal. cert along with a copy of the latest PA Bulletin (with applicable highlights etc) a procedure to present the evidence, operator training documents, etc. whereas the state PO only brought the cal. cert. In that case (with the locals) we negotiated for a lower speed (they rattled me with their preparadness. In my stupidity, I did not try to negotiate a 3111. I don't mind paying the fine, it is the cost of driving at a reasonble speed) but getting points and having the insurance company involved, well that's just too much.

There is no need to take the stand to testify (if they have a stand, you might just stand up) because you most likely have nothing to offer ("Honest, I wasn't going that fast...").

Object to continuances, including officer no show (you and judge appeared at time specified and prepared) or improper paperwork.

So if you go through with the hearing and if the officer doesn't do his/her job then you respectfully request a dismissal after the PO has completed. Object to PO attempting to augment testimony when it becomes your "turn".

A continuance requested by you could be in your benefit. If you get beyond the original cal cert's date, they may not bring applicable one.

Again I say, good luck.