Re: How to Use Discovery to Prepare a Ticket Defense
1) The officer does not state that the unit was tested -- at ANY time -- let alone before and after the stop (cite Spokane v Knight).
2) The officer does not state that the RADAR unit was in proper working order at the time of the stop (also Knight).
3) The officer does not state that he made a visual estimate of the vehicle's speed -- only that he observed a vehicle "travelling at a high rate of speed."
4) The officer does not state that the RADAR reading corresponded to his visual observation.
5) Because of 3) and 4), the officer did NOT create a "tracking history". Therefore, the device was NOT properly used.
6) The officer NEVER mentions his training or experience with using this RADAR, nor with traffic enforcement in general. Even the calibration certificate states "it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator". There is NO EVIDENCE that this officer was a "trained operator".
There are more, but those should suffice.
Oops. Just saw the "CALIBRATION CHECKED" at the top of the report. So ignore #1. But, yes, you can add that he does not state HOW the unit was tested, nor whether it "passed" those tests.
Where am I going? And why am I in this handbasket?