Radar Calibration Law in Tx?

[harvinder]

What is the name of your state? Tx.
I was given a speeding ticket in 2004 in comal county which I contested but lost. I will like to know if somebody knows what is the radar callibration law in tx. Is there some time where the radar has to be callibrated. In this case the radar has not been callibrated since it is bought. I appealed the case again in county court at law and I have a date coming up.
Also the officer gave a totally different story of the case. He said he observed me speeding and turned around to give me a ticket while he was waiting ahead of me to give me a ticket. Can that be used as a point.
Any advice will be appreciated.

 

[seniorjudge]

What is the name of your state? Tx.
I was given a speeding ticket in 2004 in comal county which I contested but lost. I will like to know if somebody knows what is the radar callibration law in tx. Is there some time where the radar has to be callibrated. In this case the radar has not been callibrated since it is bought. I appealed the case again in county court at law and I have a date coming up.
Also the officer gave a totally different story of the case. He said he observed me speeding and turned around to give me a ticket while he was waiting ahead of me to give me a ticket. Can that be used as a point.
Any advice will be appreciated.

If you lost the trial, why do you want to know all this stuff?

 

[sukharev]

Maybe there is a more specific law, or caselaw, but in general the speed measurement device has to be calibrated at a reasonable interval (1 year is typical). There are several caselaws that state requirements, and they typically are followed. So, if the radar has been bought before 2003, and you did object during your trial, you have a chance at appeal.

Specifics of appeal rules are different from court to court, but if it is a real appeal, then you cannot introduce new evidence, but you can argue that the court made an error in original trial. Inconsistency in officer's testimony can be questioned if the court had any evidence otherwise (like your testimony).

 

[JETX]

Doomed to fail.
1) You cannot bring up issues in appeal that were not in your original trial.
2) You can only bring up issues of law.... where the court err'ed in process.
3) You can't even bring up any 'differences' in testimony... since it is unlikely that the traffic court has a transcript of the officers statements.

Oh, and you should have put all this crap back in your ORIGINAL post (where this was already answered) at: https://forum.freeadvice.com/showthread.php?t=211940

 

[poppakeith]

Doomed to fail.
1) You cannot bring up issues in appeal that were not in your original trial.
2) You can only bring up issues of law.... where the court err'ed in process.
3) You can't even bring up any 'differences' in testimony... since it is unlikely that the traffic court has a transcript of the officers statements.

Oh, and you should have put all this crap back in your ORIGINAL post (where this was already answered) at: https://forum.freeadvice.com/showthread.php?t=211940

QUESTION: "I will like to know if somebody knows what is the radar callibration law in tx. Is there some time where the radar has to be callibrated. In this case the radar has not been callibrated since it is bought. I appealed the case again in county court at law and I have a date coming up."

Issue in trial: Reading from a radar device, as reported by officer, said "speeding".

Issue on appeal: Legitimacy of that reading which was apparently admitted into evidence by judge and was at core of finding of guilty. Meets the criteria you have listed.

If the device can be shown to have committed perjury, that would be grounds for new trial.

 

[harvinder]

Thanks for all the reply. In court the judge wants to see where is it mentioned that the radar should be callibrated once every year. Can somebody mention the specific code or law with the details that in state of Tx the radar should be callibrated every year or every six months.

 

[JETX]

Thanks for all the reply. In court the judge wants to see where is it mentioned that the radar should be callibrated once every year. Can somebody mention the specific code or law with the details that in state of Tx the radar should be callibrated every year or every six months.

I already answered your question in your previous post... and ignore "pop-a-nut'. He is a legal moron. A 'device' cannot commit perjury!!

 

[CheeseBlotto]

People actually have time to contest a two year old traffic violation? Not sure whether I should congratulate you for all of your free time or find you pathetic for having no life.

 

[nullify]

Thanks for the help Cheese!

 

[sukharev]

Thanks for all the reply. In court the judge wants to see where is it mentioned that the radar should be callibrated once every year. Can somebody mention the specific code or law with the details that in state of Tx the radar should be callibrated every year or every six months.

Google radar caselaw. There are a few key court decisions which are used throughout the country, they define standards for radar calibration. There is no legislative action on this front, or constitution to cite, but caselaws are a powerful tool.

 

[poppakeith]

I already answered your question in your previous post... and ignore "pop-a-nut'. He is a legal moron. A 'device' cannot commit perjury!!

"perjury: While statutory definitions of the term may vary slightly, genereally, it is the wilful and corrupt false swearing or affirming, after an oath lawfully administered in the course of a judicial or quasi-judicial proceeding, as to some matter material to the issue or point in question. While at common law, the offense or perjury could only be committed in a judicial proceeding, in most jurisdictions in modern times, the term has been extended to false testimony given in any deposition or affidavit authorized by law." A radar device providing false testimony can't be charged with perjury, Jetx, but it can give false testimony. The result: lies told in court, promoting injustice. We want radar to tell the truth....which is why their verasity is supposed to be tested. They must be shown to testify as properly as a human. The statutes recognize that, and address it. You do want justice to be done....right?

 

[poppakeith]

People actually have time to contest a two year old traffic violation? Not sure whether I should congratulate you for all of your free time or find you pathetic for having no life.

What you voice is a common attitude, Blotto. Has to do with the value of justice as a sociological ideal. In traffic matters it is common to simply weight the dollar cost of approaching justice, against the time and effort it takes to champion the ideal. Most people would rather pony up the $80 bucks to the man and go party. Some are actually inspired to study for years and become a lawyer (or judge), just so's they are in a position to help those unjustly accused. Question of personal values. Can you have a life of acceptable quality in the absence of justice?

 

[CdwJava]

Perjury in TX:

§ 37.02. PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:

(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or

(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.

(b) An offense under this section is a Class A misdemeanor.

While I understand your point, the issue - as a matter of legality - is that the radar cannot commit perjury and cannot even provide testimony. If it provides faulty or questionable evidence, that is another matter ... but it is neither an issue of testimony nor perjury.

- Carl

 

[sukharev]

It's officer's testimony on what the device has displayed (no purjury, even if readings were false), that the court hears. Then, as a proof of correct device operation, at least 3 pieces of evidence are typically introduced by DA:

1) Officer's training and experience record (must have, no problem, unless it does not meet requirements in caselaw)
2) radar calibration record (same thing, must have)
3) radar test before and after the shift (mandated by caselaw)

You may see lack of one or more of the above. DAs can even use all three if they don't meet requirements, and it's your job to point out that the evidence is insufficient (object to lack of foundation), even though all papers presented are clean and not falsified.

So, no purjury, just insufficient evidence. The burden is on the defendant to timely object.

 

[CdwJava]

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