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  1. #1
    Join Date
    Dec 2012
    Location
    Loma Linda, CA
    Posts
    4

    Default Dismissal Based on Calibration of Radar Gun Not Being Current

    San Bernardino County, CA
    Ticket was issued by CHP in July of 2012

    I wrote the CHP requesting the maintenance and calibration records for the radar device used at the time of my citation they sent me back copies of a "Traffic Radar Certification" from September of 2008.
    I called a lawyer I used for a previous case and asked him if there should be more recent records and if the age of these tests could help me in getting the case dismissed. He said yes there should be more current records and that depending on the judge it might help. He said he had to go so I didn't get a chance to ask him my next question.... I'm wondering how to present this information in a way that will help me out and not make me sound like a complete idiot. I've already asked for an extension and my new court date is tomorrow, I'm hoping that the officer just won't show up and it may be dismissed but just in case I want to have another plan. Can anyone help me out as to some specific verbage or a way to phrase my concern that the radar gun may not be calibrated correctly?? I don't know if it'll help much because the ticket was for going 83 in a 65 and I'm thinking the radar gun can't be THAT off...but I'm no expert. Thanks for any and all help! Happy New Years!

  2. #2
    Join Date
    Jul 2010
    Posts
    3,710

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    Nothing like waiting for the last minute. If it was CHP that tagged you, they WILL be there. What exactly were you charged with? 22349? 22350?

  3. #3
    Join Date
    Dec 2012
    Location
    Loma Linda, CA
    Posts
    4

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    I know right? Bad habit
    I was hoping with the holidays he may be busy but then again he seemed like the type to not give anyone a break..
    Charges: 22349 (A) VC-1

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    You verbally object to his speed measurement testimony or testimony regarding the accuracy of the unit via a foundation argument ..

  5. #5
    Join Date
    Jan 2012
    Location
    Silicon Valley
    Posts
    528

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    For a 22349 there's no statutory requirement that specifies the calibration interval for SMD. In that case, it's up to you to make the argument that a 4 year lapse in independent validation of the device's calibration means that it's unlikely that the device was operating within factory specifications. One possibility is subpoenaing the operator's manual for the SMD. If it specifies a particular calibration interval or set of operator tests that weren't performed by the officer, then that bolsters your argument that your speed wasn't measured properly. However, it's too late for you to request a subpoena duces tecum if your trial is tomorrow.

  6. #6
    Join Date
    Dec 2012
    Location
    Loma Linda, CA
    Posts
    4

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    ok thanks!

    - - - Updated - - -

    Quote Quoting themadnorwegian
    View Post
    For a 22349 there's no statutory requirement that specifies the calibration interval for SMD. In that case, it's up to you to make the argument that a 4 year lapse in independent validation of the device's calibration means that it's unlikely that the device was operating within factory specifications. One possibility is subpoenaing the operator's manual for the SMD. If it specifies a particular calibration interval or set of operator tests that weren't performed by the officer, then that bolsters your argument that your speed wasn't measured properly. However, it's too late for you to request a subpoena duces tecum if your trial is tomorrow.

    I didn't have much hope, but figured I would ask thanks!
    Fingers crossed the judge will at least reduce the fine.. eeks

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    If you find and can show that a policy is to calibrate routinely and they cannot show it was calibrated then the speed measurement would not be allowed into evidence or would be allowed into evidence as very weak evidence - not enough to convict w/o another SMD reading.

  8. #8
    Join Date
    Dec 2012
    Location
    Loma Linda, CA
    Posts
    4

    Default Re: Dismissal Based on Calibration of Radar Gun Not Being Current

    well, Merry Christmas to me... he didn't show & it was dismissed. thanks guys!

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