What is the name of your state (only U.S. law)? New Jersey
I was "clocked" doing 85mph in a 65 in southern NJ in September 2008, and it earned me a citation for 20-24 over the speed limit (NJAC 39:4-98.24). I requested discovery per NJ Judiciary Rule R. 3:13-3(a), and received (a) a copy of the officer's radar operator training certificate that was expired with a "refresher" date hand-written on the reverse that would be current; (b) radar calibration before and after the stop; and (c) information on the tuning fork certification by the NJ Department of Weights and Measures.
The tuning fork certification is dated August 2006 and in NJ they are required to be certified annually. Thus according to the discovery provided to me, the radar unit was calibrated using tuning forks whose certification had lapsed.
Is this grounds for dismissal due to inadequate procedures? Would I need proof of the certification period, and if so where would I obtain same?
Any help is appreciated. Thank you.
I was "clocked" doing 85mph in a 65 in southern NJ in September 2008, and it earned me a citation for 20-24 over the speed limit (NJAC 39:4-98.24). I requested discovery per NJ Judiciary Rule R. 3:13-3(a), and received (a) a copy of the officer's radar operator training certificate that was expired with a "refresher" date hand-written on the reverse that would be current; (b) radar calibration before and after the stop; and (c) information on the tuning fork certification by the NJ Department of Weights and Measures.
The tuning fork certification is dated August 2006 and in NJ they are required to be certified annually. Thus according to the discovery provided to me, the radar unit was calibrated using tuning forks whose certification had lapsed.
Is this grounds for dismissal due to inadequate procedures? Would I need proof of the certification period, and if so where would I obtain same?
Any help is appreciated. Thank you.