robic sc808

[lash151]

What is the name of your state (only U.S. law)? Pennsylvania. I was given a speeding ticket for going 56 in a 35. The cop listed robic sc808 in the "other" section of my ticket, and listed .018 miles in the "miles timed" but did not list anyything in the miles followed or seconds time. I believe i read that they need to be calibrated every 60 days but he listed 10/4/11 as the epuipment test date..just wanted to know if it was required for him to list how far i was followed or the seconds i was timed, or if since the calibration was not under 60 days, if i had any shot of beating this ticket or at least taking a 3301 if hell offer one..thank you in advance for any advice

 

[Proseguru]

Pennsylvania Code


Link to stopwatch requirements ...


Officer will have to testify that the stopwatch meets all the requirements & his lack of timing information is a big problem ....

His measurement itself is a legal conclusion that he needs to lay a proper foundation for ...

I would fight it ...

 

[lash151]

Thanks..yes, i was definately thinking that i had a legitimate shot when i saw that he left the other parts blank, not like i wasnt going to fight it anyway..i definately hope that the watches need to get calibrated every 60 days even though i didnt see it in your link, because if so, i should hopefully have my case dismissed or at least get a continuance so the probability that he shows up a second time will go up.

 

[Proseguru]

Thanks..yes, i was definately thinking that i had a legitimate shot when i saw that he left the other parts blank, not like i wasnt going to fight it anyway..i definately hope that the watches need to get calibrated every 60 days even though i didnt see it in your link, because if so, i should hopefully have my case dismissed or at least get a continuance so the probability that he shows up a second time will go up.

You would not get your case DISMISSED for this reason. The reading would be highly questionable, if the judge allowed it over an objection. You get cases dismissed for lack of jurisdiction etc...

I personally would fight it ... the state/officer would have to show that either the Robic instrument has judicial notice (and google scholar will tell you this) or it actually conforms to each of the required requirements under the law (and yes, the officer would have to testify to the Hz of the stopwatch -- he cannot simply say "it conforms.." because that is a legal conclusion easy stricken with an objection).

That + the lack of a time from the instrument makes the case on very shaky grounds.

Up to you

 

[asiny]

I personally would fight it ... the state/officer would have to show that either the Robic instrument has judicial notice (and google scholar will tell you this) or it actually conforms to each of the required requirements under the law (and yes, the officer would have to testify to the Hz of the stopwatch -- he cannot simply say "it conforms.." because that is a legal conclusion easy stricken with an objection).

The officer is not an expert in timepieces, that would be the job of the "Watch Master".
An example, the officer does not have to be an expert in auto-mechanics in order to operate a motor vehicle, the would be the job of an auto-mechanic expert, he just needs to know that the vehicle works as per code.

I believe i read that they need to be calibrated every 60 days but he listed 10/4/11 as the epuipment test date..

Reading through the link of the PA code, I only see that the watch must have a testing certificate, which is held for 2 years.. I didn't see anything to do with testing every 60 days.
If the officer listed 10/4/11 as the test date, then that would be well within the PA code regulation of;
§ 105.75. (b)

 

[Proseguru]

Reading through the link of the PA code, I only see that the watch must have a testing certificate, which is held for 2 years.. I didn't see anything to do with testing every 60 days.
If the officer listed 10/4/11 as the test date, then that would be well within the PA code regulation of;
§ 105.75. (b)

I agree; the code does not specify any time period for calibration needs..only it is held for 2 yrs (one cannot say that that means the calibrations are good for 2 yrs).

Calibration scheduling would be per the manufacturer's instructions. What are they for the Robic? I don't know...I looked online & could not find it...the OP could call the company that makes it (Its not Robic co....).

 

[loulblades]

Calibration "may" be based on manufacturer's instructions but PA requirements can be found in PA Code 75.3368.

 

[wrongsometimes]

well, when the cop says "its suitable for use" or something similar (laying a foundation for the measurement) then an objection would be in order as the statement is a legal conclusion. You have to listen carefully to the cop's testimony and jump on an objection opportunity.