Florida vs. Allweiss (1980) Urban Legend???

[bobby13]

Massachusetts

I've seen on many web sites stating Florida vs Allweiss as "case law" such as this:

State of Florida v. Allweiss (1980). The Pinellas County Court ruled that the testing methods for radar equipment are legally insufficient. "The use of such a tuning fork furnished by the manufacturer in this court's opinion is tantamount to allowing the machine to test itself. A tuning fork furnished by the manufacturer is but an extension and part of the total speed measuring apparatus which is furnished by the manufacturer upon delivery.

I've looked everywhere I could for a couple of days, even went to a city Library here in Massachusetts and used their search engine (Lexis?) and couldn't find anything.

I called the Pinellas County Court and spoke to a clerk who could not find anything either. If this is such a famous case....can anyone please give me the actual case number and or docket number so I can present the findings of this case as evidence?

Any help is much appreciated! Thanks, Bobby

[bobby13]

Anyone else seen this supposed case law before?

[FlyingRon]

Well unless you are arrested for speeding in Pinellas County, Florida that decision wouldn't seem to add up to much. Around here you're required to follow the manufacturers calibration procedures and there's no requirement to institute an independent calibration.

Can't seem to find it in Westlaw either.

[bobby13]

I'm not up to speed about how some out of state case laws are beneficial, but I see them mentioned as landmark cases and that they may sway a judge's point of view.

[FlyingRon]

It's not a "landmark" case outside of the jurisdiction. Frankly I think the decision was loopy. I can guarantee you that in many states it's just the opposite. You usually obtain the manufacturers guidance for calibrating the unit and try to assert that the procedures were not followed on the day the radar was used against you.