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Speeding ticket Discovery question

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admin456

Member
New Jersey

Received a speeding ticket, requested discovery, received discovery package, the radar tuning fork was tested by a private company just like the radar. I remember going over NJ Statutes and reading that all measuring devices need to be certified by the state. Enough info to get the case thrown out?
 


asiny

Senior Member
I remember going over NJ Statutes and reading that all measuring devices need to be certified by the state.
True - what makes you think the device was not certified by the state?

...the radar tuning fork was tested by a private company just like the radar.
What exactly do you mean by this?
The "most popular" argument is the lack of the officer being trained and holding valid certification in the calibration and operation... and/or that the device was not correctly calibrated as per the manufacturer specifications on the state approved schedule.
 

admin456

Member
'True - what makes you think the device was not certified by the state?"

(applies to both of your questions)

The certificate that discovery came with is not state issued, bears the name of a private company that services radar equipment. So basically the officer was not using properly certified equipment.
 

I_Got_Banned

Senior Member
The "most popular" argument is the lack of the officer being trained and holding valid certification in the calibration and operation... and/or that the device was not correctly calibrated as per the manufacturer specifications on the state approved schedule.
I don't know much NJ law but there's absolutely no possible way that the officer is required to be "trained and holding valid certification in the calibration of Radar". He maybe required to periodically test the unit for accuracy but that is not even close to being an actual calibration!
 

I_Got_Banned

Senior Member
Let me also add that if there is a state requirement that he be trained and certified in the use of Radar, then the likelihood that he would have been assigned to traffic enforcement without completing the required training, is pretty close to zero. So don't count on that being an matter to contend with. Better yet, that would be a matter that you could have addressed by requesting a copy of his certification when you requested discovery.... Although I don't see it mentioned in your original post!

'So basically the officer was not using properly certified equipment.
So far, you're basing that conclusion on an "I remember reading somewhere...". You need to look up the exact statute, and if it even exists, you need to cite it for the court to establish that such a requirement exists! Otherwise, your conclusion is simply an extension of your wishful thinking that the case will be dismissed that easily!
 

admin456

Member
In my original post I said "measuring devices need to be certified by the state", so that would have nothing to do with the officer's certification. The department of weights and measures is the one that conducts certification testing. Division of Criminal Justice Law Enforcement Resources

51:1-84. Testing and sealing of all weights and measures; fee collection
51:1-84. a. All weights and measures used in trade shall be tested and sealed at least once in each year. Any superintendent shall also upon the request of any citizen, corporation, firm or other interested party cause a test to be made of any weight or measure. If it be found correct or be made correct the superintendent or assistant superintendent shall properly seal it. He shall cause it to conform as nearly as possible to the standard before sealing. If it shall not be found correct, or it shall not be possible to make it correct, it shall not be used, but shall be disposed of as hereinafter provided in this article.

b. The State superintendent shall charge and collect a fee for the testing of a weight or measure. Such fee shall be established pursuant to section 7 of P.L.1994, c.60 (C.51:1-54.3).
 

Zigner

Senior Member, Non-Attorney
In my original post I said "measuring devices need to be certified by the state", so that would have nothing to do with the officer's certification. The department of weights and measures is the one that conducts certification testing. Division of Criminal Justice Law Enforcement Resources

51:1-84. Testing and sealing of all weights and measures; fee collection
51:1-84. a. All weights and measures used in trade shall be tested and sealed at least once in each year. Any superintendent shall also upon the request of any citizen, corporation, firm or other interested party cause a test to be made of any weight or measure. If it be found correct or be made correct the superintendent or assistant superintendent shall properly seal it. He shall cause it to conform as nearly as possible to the standard before sealing. If it shall not be found correct, or it shall not be possible to make it correct, it shall not be used, but shall be disposed of as hereinafter provided in this article.

b. The State superintendent shall charge and collect a fee for the testing of a weight or measure. Such fee shall be established pursuant to section 7 of P.L.1994, c.60 (C.51:1-54.3).
That section does not apply to your situation.
 

admin456

Member
I was referring to tuning forks. If you would visit the site provided in the original post then you would read this...

Program Description

The radar training program, administered by the Police Services Section, is based upon the voluntary compliance of participating police agencies and training requirements established by the Division of Criminal Justice in 1990. The goal of the program is to deliver accurate and comprehensive speed enforcement training for operators and instructors throughout New Jersey based upon case law and the Doppler principle.

To date there are approximately 8,800 certified operators and instructors in the program. The Police Services Section collects training records indexed by agency and issues certificates to officers. Certification confirms that officers complied with and met the training requirements established by the Division of Criminal Justice. Police Services Section also delivers refresher training annually to radar instructors who seek to maintain their instructor certification.

The Division of Criminal Justice recommends periodic certification of tuning forks utilized to operate Doppler Radar. A prudent policy is to certify tuning forks annually. The Division of Weights and Measures conducts certification testing.
 

Zigner

Senior Member, Non-Attorney
You DO realize that there are no requirements listed in what you found, right?
 

admin456

Member
So why do you think that some police departments go through the state to get their certifications for tuning forks and others don't? Convenience, laziness or comforting thought that it is not required?
 

Zigner

Senior Member, Non-Attorney
So why do you think that some police departments go through the state to get their certifications for tuning forks and others don't? Convenience, laziness or comforting thought that it is not required?
Cost vs. benefit.
 

admin456

Member
It's $10 for a tuning fork certification by state vs. whatever amount private company charges.

Also by the way "trade" can be interpreted several ways, police are not non-profit organization.
 
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