However, hiring a lawyer isn’t always practicable, especially when contesting a traffic ticket. For this reason, you might need to plan on challenging the accuracy of the police radar yourself. If costs are a concern, then ask the lawyer if you could meet for a consultation. You might pay for a half-hour of advice and also pay for coaching throughout the process. Some lawyers are willing to provide this service, which is called “unbundled legal services” or “discrete task representation. ”
The weather. Was it cloudy? Overcast? Rainy? Sunny? The roadway condition. Was the road straight? On an incline or going downhill? Other signs on the roadway. Was the officer near a sign when he or she tagged you as speeding? Traffic flow. Were you the only car on the road? Were there other cars near you?
If you don’t have an arraignment, then write a letter to the police department and make your request. If enough time passes without a response (say three weeks), then you might need to file a motion with the court. The court may have a motion form you can fill out. Attach your letter and explain in the motion that the police have not responded to your discovery request.
The manual probably states that the unit must be calibrated with tuning forks before each shift. [4] X Research source At trial, you can ask the officer who stopped you whether he or she calibrated the unit.
If the officer was never trained to handle the radar, then you have a strong argument that he or she used it improperly.
In a Connecticut case, the court held that tuning forks cannot be considered accurate without a certification of accuracy.
Did they attend a P. O. S. T. -certified course? How long was the course? It should have been at least 24 hours.
When did they calibrate the unit? Generally, the unit should be calibrated at least once every 30-60 days. However, your state may have different requirements. In some states, the unit must be calibrated after the ticket is issued. [10] X Research source How did they calibrate the unit? The officer should have calibrated it using the tuning forks. However, many officers might think that they “calibrate” the unit by turning on a test switch. [11] X Research source Both the Wisconsin and Minnesota Supreme Courts have held that using only the test switch is insufficient if it is the only method of calibration used. Where did the officer store the tuning forks? They need to be kept in a box. If not, then they can become inaccurate because of moisture or jostling.
Ask whether the unit hit another car. For example, it might have hit a large lorry passing you on the road and not your two-door car. Radar beams also spread out as they travel. For example, if you were 400 feet away from the officer, then the radar was 100 feet wide. It could have hit many different vehicles on the road.
If the day was overcast or rainy, then ask the officer to describe the weather. Also ask the officer to describe how level the road was. Radar also needs a flat, level road to work properly. If you know you were caught on a winding or uphill road, then you should ask the officer to describe the road conditions.
You may also testify on your own behalf. For example, you might have been travelling alone on the road that day. In that case, you might not have any witnesses other than yourself.
You can find court opinions from appellate courts using Google Scholar. [13] X Research source Visit the website and click on “case law. ” Then select your state’s court. In the search box, type “radar” and “speeding. ” Read any cases that pull up. Look for cases which say how often the officer must calibrate the radar gun. This requirement might differ by state. You might also need a lawyer’s help. You can set up a consultation by contacting your local or state bar association and asking for a referral.
The gun wasn’t calibrated properly. Point to lack of evidence: no certificate, the officer didn’t calibrate before the shift, etc. The officer didn’t operate the gun properly. For example, the officer hasn’t had training in a long time or had no training using this type of gun, the officer couldn’t remember checking the speed after stopping you, etc. Even if the officer used the gun properly, there are too many variables that could have affected the reading. Point to the surrounding circumstances, such as busy highway traffic or overcast weather. You can argue the officer actually hit another vehicle and measured its speed instead of yours.
Be as brief as possible. You should try to use 15 sentences or less, although you can use more if you have a lot of good evidence on your side. Speak in a loud, comfortable voice. You want the judge to be able to hear you. Refer to the judge as “Your Honor. ” Refer to the officer by his or her last name, e. g. , “Officer Jones. ” Focus on the accuracy of the radar. You might have many different reasons for getting out of the speeding ticket. However, you should always say at least a few sentences about the radar’s accuracy. For example, you can say, “And, finally, Your Honor, the radar is not trustworthy. As this state’s Supreme Court held, radar must be calibrated after every stop. The operating manual also said the same. You heard from Officer Jones, who admitted that he didn’t use the tuning forks, relying instead only on the switch. That’s insufficient under the law, and there’s reasonable doubt whether I was going 70 miles an hour in a 55 lane. ”
