Radar Calibration Law in Tx?

[sukharev]

Testing AFTER a shift may not be necessary. But, I am not certain of the status of the law in TX. And TX law may not require these items be presented upon the presentation of radar testimony.

- Carl

Requirements are spelled out in caselaw (not specific to TX). Testing after the shift is the only way to prove the device was working during the shift.

You are right, though, and every court would be different. The judge may just ignore caselaw unless it is from TX or US supreme court :-(

 

[CdwJava]

Requirements are spelled out in caselaw (not specific to TX). Testing after the shift is the only way to prove the device was working during the shift.

But unless the case law is from the USSC it is only applicable in the jurisdiction of the court making the determination. For instance, I do not believe that a post-test is required under CA law. While it might be recommended, and it might even be prudent, I do not believe it is required.

You are right, though, and every court would be different. The judge may just ignore caselaw unless it is from TX or US supreme court :-(

And that is because each state has different idiosyncracies within their laws that may not be applicable everywhere else. I know most the rest of the coutnry wouldn't want CA courts interpreting their state's laws, and I KNOW most the country is thankful they do not have to deal with the 9th Circuit's decisions like we do.

It's just one of those things.

- Carl