Reopening Locked Thread

[sukharev]

What is the name of your state? MA

Somehow thread below got locked, even though it was not finished at all, and I have not seen any messages staing that it has been. Here is the link, and I am going to post my reply to the last message below.

[url]http://forum.freeadvice.com/showthread.php?t=300112[/url]

[sukharev]

Hi, Norton:

sorry it took me longer, but here is some more detail on the radar defense.

1) do radar forks calibration and serial number match the ones used to test the radar?

If they don't, then radar was not tested properly, and ticket should get dismissed. Find out through discovery whether radar test was recorded before and after the shift, and if yes, they should provide you with the test log. In the test log, forks calibration should also be recorded, and their serial number should match the one used in testing the radar.

2) was radar test done before and after shift?

If not, motion for dismissal, it's mandated by caselaw.

3) did PD have FCC license?

We had an interesting debate on this issue, you can look up the thread, but basically FCC license is almost always there, but does not hurt to check. It needs to be properly renewed, and frequencies allowed need to match those of the radar.

4) was officer properly trained (find out requirements)?

It's would help your case if he was not.

5) was the place formally checked for interference?

It would help your case if it was not. By itself it's not a big factor, but does allow you to claim that radar reading could be due to interference.

6) does the ticket say that traffic was heavy/medium?

This is where radar can become unreliable, because its beam is wide. If there is a chance the beam was hitting another car (depends on the distance from radar), you can argue that it's possible.

7) was there a chance for sweep, ghost reading or other well-known radar errors (find them on the web)?

Frequently happening are errors due to radar positioning and mode of operation. Again, it helps your case to argue that the reading came from somewhere else, or was unreliable.

8) Time over distance calculation.

Ask officer about distance he observed your car at, then ask how much time has passed before you passed him. Divide one by the other, and you will get the estimated speed. If that speed is lower than the one on the ticket, point this out to the judge (but don't say that that's what your speed was, just point out the discrepancy in officer's testimony).

[Norton]

I got it. Thank you so much for all the advice you have given me! Are you by chance a lawyer? If not, you seem to know a lot about Traffic Law. Have a good week!