The refusal to provide the accuracy of the testing device should bring reasonable doubt that the instrument was accurate at the time of the measurment. It appears they are violating both the case law and the rules.
09/25/80 John Kenneth Yolman v. State of Florida
"Once a testing device has been approved for use, it necessarily follows that it should be maintained and operated in accordance with the manufacturer's maintenance and operating manuals."
All radar guns require testing by a calibrated and certified tuning fork or equivalent external source.
Also see:
State of Florida v. Allweiss (1980). The Pinellas County Court ruled
that the testing methods for radar equipment are legally insufficient.
"The use of such a tuning fork furnished by the manufacturer in this
court's opinion is tantamount to allowing the
machine to test itself. A tuning fork furnished by the manufacturer is
but an extension and part of the total speed measuring apparatus which
is furnished by the manufacturer upon delivery.
In other words the radar unit must be tested by external tuning forks which are themselves certified to be accurate.
I'd bring the case law with you and make your argument after the prosecution calls it's witness and rests.
Also see the rules:
*fn1 316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.
(1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department.
(2) Any police officer, upon receiving information relayed to him from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.
(3)(a) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.
(b) Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence.
(c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.
[24] *fn2 15B-2.09 Test to determine speed accuracy of doppler radar devices.
(1) An accuracy test will be performed on doppler radar speed measuring devices before initially being put into service. The initial test shall be performed by an electronic technician who has the necessary FCC license for electronic radiolocation speed measuring devices. Results of test will be on a certificate dated, signed and witnessed.
(2) An accuracy test after the initial test shall be made not less than once each six (6) months by any operator of the device with a tuning fork furnished by the manufacturer. Each test shall be recorded on a certificate dated and signed by the operator and a witness.
