Should I appeal the ruling

[Soccer Player]

What is the name of your state? virginia
I went to court today and my defense was have the officer verify that the tuning forks were tested before and immediately after I was stopped. I asked to see the log manual with the specific time he performed the tuning test, and to present the court with documentation as to when the tuning forks were last checked. I also attempted to reference the Manual of Uniform traffic control devices, apparently there is a section there which states that a speed survey done of the road that I was stopped, could not be older than five years and if so the police are not allowed to ticket me there. I presented to the court documentation that the last speed survey was done in 1987. Still the officer did not produce any of the documentation I asked for except for a tuning fork calibration done in september. Don't I have the right to subpoena or ask for documentation or certifications? what if at the appeal I present more details from the manual of uniform traffic control devices that regulates traffic issues over the entire country? The judge was unfamiliar with this manual? Do a have case to appeal?

thanks

 

[lwpat]

You only have ten days to file an appeal. It will be a "de novo" or entirely new trial. Either hire an attorney or sit in on enough trials to learn the procedure. I don't think the speed survey applies in VA. Only you know about your case.

 

[cepe10]

24VAC30-561-10. Adoption of the federal Manual on Uniform Traffic Control Devices.

Effective November 16, 1989, the Commonwealth Transportation Board adopted the 1988 edition of the federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), along with any revisions or associated rulings, when effective, as the standard for all highways under the jurisdiction of the Virginia Department of Transportation.

The MUTCD does apply...


The prosecution was also required to provide foundation for the evidence presented. This would entail proving the device itself was accurate to a legal degree of certainty.

In Maryland, Virginia and (many other states) there is a tendency for the lower court to be a Kangaroo Kourt (thus not surprising the judge is unfamiliar with speed limits) and put the burden on the defendant to appeal to circuit court to get a legitimate ruling. It is much more likely to get a fair ruling there.

See the Code of Virginia as well...

§ 46.2-882. Determining speed with various devices; certificate as to accuracy of device.

In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.

 

[FlyingRon]

The officer should have had both the calibration information on the radar (which he apparently didn't have) and the fork calibration (which he did). Generally in GDC, they show this to you before the court will allow the officer to testify about the radar reading...that was your chance to protest it.

The MUTCD challenge may be used to challenge speed limit signs that are inappropriately placed, but it does NOT mean that you can not be ticketed on a given stretch of road, just that the posted speed may not have been the limit. You'd have to make sure you were not exceed ing the other statutory speed limits.

As LWPAT pointed out, your case will be heard de novo on appeal. Unlike the extremely informal procedure in GDC Traffic court, you'll be up against a real Commonwealth's attorney and more traditional rules of discovery and evidence will apply.

 

[Soccer Player]

I wasn't shown that fork calibration paper work until sometime after the officer was sworn in and testified about the speed I was traveling. Can I use this to my advantage during the appeal process?

In addition, Can I request that the court provide the radar unit instruction manual? And if it states that for the unit to be considered accurate the tuning forks were tested before and after the reading and recorded in the Log manual. Since the judge stated that the unit does not need to be tested after the reading. I'm pretty sure the officer didn't do this, and the officer didn't have the log manual with him

 

[FlyingRon]

There's no requirement that the tuning forks be tested "before and after" just within six months. The radar unit should have been tested against the forks on the same day. There's no requirement here that it be forked before and after each stop. I've asked an officer (politely) to do so and if you've not caused them grief they will [I did this primarily because I was having a discussion with a fellow RF engineer about the calibration process and the fact you can destroy the accuracy of the forks if you bang it against a hard object day in and day out). But that's neither hear nor there.

Nothing that happened during the first trial will have *ANY* bearing in the second. If the cop doesn't provide the appropriate calibration information, the judge won't (well shouldn't) allow that evidence, which makes it pretty hard to convict you if they don't have a speed.

I suppose you can file discovery on the manual, but I don't know what good you think it will do you.

 

[Soccer Player]

Can I request from to the Officer proof that the radar unit was tested against the forks on the same day, and if He can't provide proof than I can ask the judge for a dismissal?