capedcrusader
Junior Member
Hello I am from New York and I received a speeding ticket from a State Trooper for 77 in a 55. At a pretrial conference (where they negotiate potential pleas before allowing you to plead not guilty) I asked the prosecution for a copy of the certified calibration and was told it does not exist. I persisted and cited what I had read on the internet about certified calibration being required every so often. He told me in so many words that it basically doesn't matter and that he doesn't need to offer a calibration report on the radar gun in order to submit into evidence. The radar gun is a Stalker Dual.
When I go to court I intend to argue that the radar evidence against me cannot be used without a calibration report. What I am having trouble with is what New York section of law I can use to argue this. I know there is a law but I haven't found the actual section number.
In California from CVC 40802(c)(1), subsection (D):
Also, it occurs to me that the calibration report might magically appear at trial even though he told me twice and in no uncertain terms that it doesn't exist and if it does it wouldn't matter. My second question is what is the law that covers if that should happen. It is like failure to disclose evidence to the accused or something, but basically if he decides all of the sudden he does have the report and submits it I need to know what section of the law it is that I can argue that I requested the independent calibration, was told it does not exist (even though it does in this scenario).
Thanks guys
When I go to court I intend to argue that the radar evidence against me cannot be used without a calibration report. What I am having trouble with is what New York section of law I can use to argue this. I know there is a law but I haven't found the actual section number.
In California from CVC 40802(c)(1), subsection (D):
I need to know what the same law is in New York so that I can argue that he can't submit into evidence without the calibration report.(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
Also, it occurs to me that the calibration report might magically appear at trial even though he told me twice and in no uncertain terms that it doesn't exist and if it does it wouldn't matter. My second question is what is the law that covers if that should happen. It is like failure to disclose evidence to the accused or something, but basically if he decides all of the sudden he does have the report and submits it I need to know what section of the law it is that I can argue that I requested the independent calibration, was told it does not exist (even though it does in this scenario).
Thanks guys