What is the name of your state? California.
I was pull over for speeding. The CHP said “he caught me on radar” going 72mph in a 55 zone charged me with 22349 (b).
I did an informal discovery and got what they called their “calibration”. I am a California state certified Engineer. In my opinion there are a number of things they did wrong on their calibration.
I want to know when the police use radar to determine your speed what are their minimum requirements for using the radar. If possible could you site your legal authority so that I can repeat it at trial.
I did a search on all California law the only law that reference calibration requirements for radar per CVC 40802(c)(1): List below. However, this section is under the “speed trap” law, of course, the chp in trial will argue that these requirements don’t apply to them because it is only for “speed traps”. Maybe I am not interperting this correctely what do you guys think.
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.