ENRADD UNIT Speeding ticket question

[Bambik137]

What is the name of your state (only U.S. law)? Pennsylvania
I receieved a speeding ticket from an officer today. My ticket says he used a ENRADD UNIT-INFARED I was told I was going 43 in a 25 however I don't believe I was speeding at all because I had just glance at my spedometer and I was in a company car so I try to be very careful about that. He didn't fill un the miles followed miles timed or sec. timed and I wondered if I had a chance to fight this ticket because I don't feel as though I'm guity. The time he wrote down was 0751 and I know I was not in that location at that time as well. I don't know if he just wrote down the wrong time or if this is the time the speeding took place because if so then I'm definitly innocent. He did write down when the serial # and tested date of the equipment. I can't afford pointson my license and I don't know what to do. Any help is appreciated very much. Thank you! Oh and it was written as a 3362 a3

 

[Free_Advice]

The time will make little difference. The statute is here: Maximum speed limits - 75 Pa. Cons. Stat. § 3362 - Pennsylvania Attorney Resources - Pennsylvania Laws

The device is just a glorified stopwatch & calculator in which the officer measures you as you pass 2 points of a known distance.

see PA Bulletin, Doc. No. 96-1270 for more information on the requirements of the device.

You can also examine the speed limit to see if it was properly posted. See the statue for the requirements. FOIA requests will answer these questions.

He does not have to write down all correct or complete information on a ticket so if you are looking for an "out" there, look elsewhere.

You best bet is to object to any certificates of calibration being introduced into evidence & hence object to any speed measurement being introduced based on the device.

A cross-examination of the officer's visual measurement would be required -- asking how long did he measure you and the distance you traveled during that time period.

You should note that your testimony regarding your vehicle's speed will not be helpful. You must win this during the state's presentation of their case (officers testimony, your cross, & their re-direct of the officer). When the state rests, then you verbally ask for a summary judgment /acquittal.

So, you should start preparing for your case: perform FOIA requests regarding the road & speed limit ; perform discovery & FOIA requets regarding the calibration documents of the (or all) of the enradd devices that the officer may have used.

It should take about 40 hours of prep time for trial. (looking into case law supporting objections etc.)

 

[Bambik137]

The device is just a glorified stopwatch & calculator in which the officer measures you as you pass 2 points of a known distance

Does this mean it is not very acurate? I am 99.9% sure I was not speeding. I was in a company car for work and the longer I take getting back the better it is for me. I had no reason to be speeding. I asked the cop if there could be any mistakes and he said no but I'm thinking if there were 2 cops could he have identified the wrong vehicle or what if there was a car beside or behind me does that affect this machine? or could the cop have just made a mistake? When I saw the wrong time after I got home I was thinking maybe another vehicle sped at that time and when I went through the area an hour later the cop thought it was the same person coming back through and I was pulled over by mistake. I have points on my license for running a stop sign at te beginning of this year and I told the officer it was 100% my fault I was unfamillar with the area and didn't see the sign in time. I didn't lie and I'm not the type that does I honestly think a mistake has been made and now I'm fearful I could lose my license. I'm not sure how many points are issued for speeding 18mph over the speed limit. Do you know? Also I was wondering what you meant by;
You best bet is to object to any certificates of calibration being introduced into evidence & hence object to any speed measurement being introduced based on the device.
I'm sorry I didn't quite understand could you give me the dummy version. I checked out the site you gave me and I couldn't make since of it. I'm thankfull for your time and sorry I'm an idiot but your help is very much appreciated. I'm just very worried about losing my lisence and I'm hoping I can fight this heck I'd pay the ticket just to not get the points. I'd be sad about it but I'd do it.

 

[Bambik137]

I also wanted to ask what INFARED meant? On the ticket it says ENRADD UNIT-INFARED. and sorry I'm new to the site and didn't see till now how to quote

 

[Free_Advice]

Glorified calculator or not, its accepted by the state. You can question the units accuracy via cross of the cop if you wish (you may not want to if he does not say its accuracy then why elicit testimony that hurts you?)

You can go to google scholar and search out the enradd cases.

You can object to documents that support the device's accuracy & also of any officer's testimony to the accuracy. The officer is not an expert (does he have a degree, designed enradd, published papers in respect to it?- no. then he is not an expert).

The links are pretty clear .. you should read them several times - print them out if needed.

The device requires 3 calibrations to occur & I wonder if the person who is the calibration is required to testify ... recent SCOTUS rulings (Mass. v. melendez-diaz, Crawford, others) may offer hope.

The state needs to lay a foundation for the introduction of documentary & testimonial evidence .. you can attack the state's evidence via this approach. Its going to be up to the judge to rule on any such objections.

You can google speeding & foundation issues and read up on them.

Like I said, it will take about 40 hrs to be able to prepare.

Start with the FOIA & discovery requests. You may be able to ask to examine the enradd unit too .. it will be up to the judge to allow you to (once the state refuses).

The enradd unit uses IR light in its measurement.

 

[Bambik137]

So I have been reading over the information you gave me and I want to see if I'm grasping what you trying to get me to understand. So if the 2 cops don't show up does that help me? If I do go to court and they can't show me the original certificate of the equipment and when it was tested does that help me? I also found a very good diagram showing how if the equipment is used on a two laned road (which mine was) how there can be fault. I was wondering if that will help to. I only care about the points really the money is just an inconvenience and upsetting because I feel that I'm innocent. I wondered if what I read is true that sometimes when you plead not guilty they will offer you no points if you just pay the ticket. Do you know how many points this offense awards as far as for points. Thank you again for your advice.

 

[Free_Advice]

If the person who did the calibration (maybe not an officer, could be private company) does not show up then are the documents admissible? Up to a judge, but you can argue that they are not due to two reasons: first, they are testimonial in nature & require you to be able to confront the person in court & that you do not have to get him there; second, that a proper foundation has not been laid to allow them to be admitted (you'll need to read up on foundation requirements).

As far as YOU arguing the accuracy of the equipment .. is not going to work because you are not an expert. And usually, if the officer does not testify to its accuracy I do not question him about it (its a point to make to the judge -- no evidence of the device's accuracy). You should write down your possible questions keeping in mind that you do not want to elicit testimony that aids in the prosecution...any vagueness in his answer is a judgment call as to if you wish to follow up or not. Ex: officer says accuracy is about 1-2 MPH .. do you ask a follow-up or leave the "about" statement alone .. I would leave it alone and note to the judge that the officer only gave an estimated accuracy which is meaningless.

The state has the burden to show that you are guilty.

W/O the calibration documents, the reading is meaningless & should not be admissible (or at least you should argue this point) -- the cop may still be able to testify as to what the device said was your speed -- your motion for summary judgment or acquittal should highlight that the instrument has not been shown to be calibrated as required.

The cop is not an expert either -- he is simply an operator of the device. But if he states that he was trained in its use & that the device passed all his checks and can get in the calibration documents then you will need to present a defense outside of the actual speed; hence, looking at the posted limit to see if its appropriate. Given that your speed was 43 MPH in a 25 zone, would showing that the speed limit should have actually been 35 MPH help? Maybe/maybe not -- its still over the limit (what you are charged with) but a judge may see that an improperly posted limit is disgraceful & let you off the hook.

I would also examine if you have an appeal process that will be heard in the same court as opposed to an appellate court appeal...I forgot how/what PA allows. If you have 5 days to ask for a de novo hearing just knowing this will allow you 2 shots to win....

So, start your discovery & FOIA requests...I see that you do know the serial # of the device so this will aid you (assuming he wrote down the number correctly .. I would still ask for all the enradd certificates of calibration to cover my bases and avoid delays).

 

[bolo]

ENRADD accuracy, approval, and calibration issues

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