Exact requirements for radar calibration.

[blau]

What is the name of your state? California.

Hello,

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.

[CdwJava]

Originally Posted by blau

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.

What, for instance, did they do "wrong"?

Provided they followed the procedures as outlined by the manufacturer (and if it is CHP, it is likely a Stalker Dual II radar system), then this is what is required.

The requirements are as outlined in 40802(c)(1)(D).

- Carl

[blau]

Originally Posted by CdwJava

What, for instance, did they do "wrong"?

Provided they followed the procedures as outlined by the manufacturer (and if it is CHP, it is likely a Stalker Dual II radar system), then this is what is required.

The requirements are as outlined in 40802(c)(1)(D).

- Carl

So, in your opinion. 40802(c)(1)(D), requirement applyies to speed trap situation or not?

What did they do wrong?
Besides not following a numbering of procedural things on their test, it is very questionable weather they did a calibration at all. Tthe documents they presented as “calibration report” would not be accepted as such by anyone in the calibration community. For one thing, it does not even say the word Calibration (or any word(s) the could be construed as calibration) on their title, another is that it does not list a ‘traceable’ standard, and yet another is not listing a metrological condition the calibration was done at. All of these are basic national and international requirements for a “calibration certificate or calibration report” I can present example at trail examples of calibration certificate or reports from the manufacture of the product and independent calibration labes that meets all these requirements.

This is like presenting a document as a driver license and it does not even say "driver license" on it, with not having an expiration date, photo.

I guess what I have to worry about are are these the requirements.

[CdwJava]

Originally Posted by blau

So, in your opinion. 40802(c)(1)(D), requirement applyies to speed trap situation or not?

It is all part of the "speed trap" law. A speed trap is, essentially, the measurement of speed when certain conditions do not apply.

What did they do wrong?
Besides not following a numbering of procedural things on their test, it is very questionable weather they did a calibration at all.

The "calibration" as defined under the law seems to refer to the annual maintenance - not the daily test run by the officer before his shift. Typically, so long as the tests performed by the officer conforms to the manufacturer's specs, the device will generally be considered to have been properly tested. Of course you can argue that the pre-shift test was not done properly, but the officer will argue that it was. Unless you can show that it was NOT done properly, the officer will likely win that argument by default.

If you are referring to the annual maintenance records (well, officially only needed within 3 years), you will still have to make a technical argument that the testing facility did not perform the tests properly. Typically, a technical assault on the radar requires experts in the field and can be very expensive. And since you are not an expert on the testing and calibration of radar devices you would not be legally "competent" to testify as to the proper testing and calibration procedures. All you can present is the device's manual and the officer's log or record, and see if the officer's procedure is as listed by the manufacturer. likewise for the maintenance "calibration" records.

- Carl

[blau]

It is probably my fault. But permit me to clearly my primary question.

Is the radar requirement listed in 40802(c)(1)(D), required for ALL radars in California or just radars used in a speed trap situation.

Thanks

[CdwJava]

Originally Posted by blau

It is probably my fault. But permit me to clearly my primary question.

Is the radar requirement listed in 40802(c)(1)(D), required for ALL radars in California or just radars used in a speed trap situation.

Thanks

All radars must meet the requirements of the section or the area of use will be considered a "speed trap" under the law. And, a speed trap ...

40801. No peace officer or other person shall use a speed trap in
arresting, or participating or assisting in the arrest of, any person
for any alleged violation of this code nor shall any speed trap be
used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.

- Carl