Page 1 of 2 12 LastLast
Results 1 to 10 of 19
  1. #1
    Join Date
    Sep 2007
    Posts
    9

    Default Texas Speeding Ticket Laws Operating Radar Gun

    I got a speeding ticket on 08/09/07 for supposedly going 80 in a 65 by radar gun Kustom PRO1000. I request trial by jury. I send municipal court and municipal police a request for discovery...requesting ticketing officer's notes, any video or audio, and training, and calibration logs, etc. The city attorney replies with a few items but no calibration log, or manual for radar or training certifications for the officer showing he is trained by to operate the radar gun. I called the city court to request a subpena to get the manual for the radar gun...she tells me to call the city attorney. I call him and he said said that in the State of Texas the fact that a cop can drive is sufficent enough saying he knows how to use a radar gun. He said I can not request a subpena for information...only a person. I then again asked the city attorney for the training the officer had to operate the radar gun. He again said it will not be admitted into evidence at trial. Even if I pay the $50 the manufacturer is wanting for the manual...can I admitt it into trial? Is the attorney correct in saying that I can not request the manual for the radar gun?

    I did get the last time the radar was serviced and the two tuning forks...all have the service date of 07/24/06...Certificate of Accuracy for Doppler Radar Unit. I've called the company that issued the certificate for the radar to the police dept and the manufacturer and neither will give me an answer on how long the service date is good for. The police car (unit #508) is who pulled me over per the officer's notes...the three certificates I got the the attorney have 506 hand written on them. I am guessing this is for unit #506 which I was not pulled over by...but I'm not for sure that is what the hand written 506 means. Any way I can find out what the 506 means? Both the court clerk and the attorney and being a PITA and rude because I'm asking so many questions. I do realize that the Radar may have been originally in unit 506 then switched to 508 for some reason.

    Can I subpena the employee of the company who issued the certificate?

    Any help is appreciated.

  2. #2
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Oh I have read that the National Highway Transporation Safety Administration requires 24 hours of classroom instruction and 16 hours of field training through a qualified supervisor. How do I prove the officer had this training? Or does it not apply because he was not a Highway Patrol but a city cop?

    Also I believe the cop was out of his jurisdiction. Can I request that the local police department give me in writing the limits of their physical jurisdiction via the Freedom of Information Act?

    Even if I get that information and the cop was out of his jurisdiction...can I request a motion to dismiss?

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Yes. The district attorney is correct. You cannot subpoena the Police department manuals. You may however order a copy of the manual from the manufacturer.

    You may subpoena the person of the company who issued the certificate. You must issue the subpoena through the court. They do not locate names, addresses, phone numbers, etc for you. Filling that out and filing are your responsibility. In addition to filing fees, if you want the subpoena issued by the Sheriff, you will pay extra.

    The Clerk’s Office personnel not responsible for teaching you how to represent yourself. I don’t know what you mean by the DA being a PITA? Do you realize HE is prosecuting YOU. Do you really think he is obligated to do ANYTHING for you.

    When you provide your testimony before the judge, make your allegations about the officer being incompetent. They may find the burden of proof is easy to provide.

    You might find the jurisdiction by simply contacting the pd who issued the ticket.

    Even if I get that information and the cop was out of his jurisdiction...can I request a motion to dismiss?
    You might bring this up before the judge or magistrate.

    I think you might benefit from the advice of legal counsel. Can you afford an attorney?

    btw- I got a speeding ticket for going 105 in 65mph zone. I know I wasn't going over 96 or 97. How fast do you think you really were going?

  4. #4
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Quote Quoting deadlock
    View Post
    Yes. The district attorney is correct. You cannot subpoena the Police department manuals. You may however order a copy of the manual from the manufacturer.

    You may subpoena the person of the company who issued the certificate. You must issue the subpoena through the court. They do not locate names, addresses, phone numbers, etc for you. Filling that out and filing are your responsibility. In addition to filing fees, if you want the subpoena issued by the Sheriff, you will pay extra.

    The Clerk’s Office personnel not responsible for teaching you how to represent yourself. I don’t know what you mean by the DA being a PITA? Do you realize HE is prosecuting YOU. Do you really think he is obligated to do ANYTHING for you.

    When you provide your testimony before the judge, make your allegations about the officer being incompetent. They may find the burden of proof is easy to provide.

    You might find the jurisdiction by simply contacting the pd who issued the ticket.

    You might bring this up before the judge or magistrate.

    I think you might benefit from the advice of legal counsel. Can you afford an attorney?

    btw- I got a speeding ticket for going 105 in 65mph zone. I know I wasn't going over 96 or 97. How fast do you think you really were going?
    Unfortunately, the certificates are signed and I can not read who issused them, the company that issued them will not speak to me.

    As far as the DA...the court clerk keeps telling me to talk to him. I just find it hard to believe that in his words...since the cop can drive he can operate a radar gun. That basically he doesnt have to prove the cop has training.

    Im going to allege I was not speeding...he must have clocked another person. Realistically I was probably going the speed alleged.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    You may still issue a subpoena to the company but I doubt they respond.

    Remember, you are on trial. Not the officer so the court isn't obligated to provide a defense. If YOU file charges that's a different game.

    I was going to allege the same thing because another car and I were at about the same speed. But when I got to court (I had to appear) the officer was there so I just paid the fine.

    If you are worried about points because of some history or if you have concerns about insurance coverage, consider find an attorney to represent you.

  6. #6
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Thanks for the advice. I'm not concerned about points, insurance or cost...it's a matter of principal.

    I'm still looking for the answer to as to how long the certificate of accuracy is good for?

    Does the cop not have to have any training to use the radar gun?

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Quote Quoting Fizzle1979
    View Post
    Thanks for the advice. I'm not concerned about points, insurance or cost...it's a matter of principal.

    I'm still looking for the answer to as to how long the certificate of accuracy is good for?

    Does the cop not have to have any training to use the radar gun?
    The answers to these questions are a matter of locality. For example, in WA state, officers are NOT required to have ANY training whatsoever!!! As your DA said, if they can drive, they can operate a radar gun. (It's actually true -- I stopped alongside a cop one day and asked about his radar. He showed me how it worked and how to use it -- in about 30 seconds. He told me how to "track" a given car. After about a minute, I tracked a guy doing 52 in a 35 zone. He grabbed the gun from me and said, "Time to get to work" and took off after the guy.)

    In the parts of WA I'm familiar with, radar units are usually certified every year, but that doesn't mean EVERY jurisdiction has the same policy.

    Send a FOIA request to the police force in question (or the City Clerk). Ask them for the operator's manual for the radar in question, the force's policy concerning radar and officer training, etc. Whether you can get these admitted as evidence in a court of law is another question. But you should be able to get the information.

    Good luck,
    Barry

  8. #8
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Quote Quoting Fizzle1979
    View Post
    Thanks for the advice. I'm not concerned about points, insurance or cost...it's a matter of principal.

    I'm still looking for the answer to as to how long the certificate of accuracy is good for?

    Does the cop not have to have any training to use the radar gun?
    The training is probably a check mark and not worth your time trying to find the details. I thought the DA answered this question for you?

    You need to ask the officer who appears in court to show both the certificate of stopwatch accuracy and approved speed-timing device certificate issued by the Bureau. You don't get the information. They are prosecuting you. They provide the evidence.

    I told you if you are going to try to contest this you need to know how to defend yourself or get a lawyer. No one knows the jurisidiction except the PD.

  9. #9
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Quote Quoting blewis
    View Post
    The answers to these questions are a matter of locality. For example, in WA state, officers are NOT required to have ANY training whatsoever!!! As your DA said, if they can drive, they can operate a radar gun. (It's actually true -- I stopped alongside a cop one day and asked about his radar. He showed me how it worked and how to use it -- in about 30 seconds. He told me how to "track" a given car. After about a minute, I tracked a guy doing 52 in a 35 zone. He grabbed the gun from me and said, "Time to get to work" and took off after the guy.)

    In the parts of WA I'm familiar with, radar units are usually certified every year, but that doesn't mean EVERY jurisdiction has the same policy.

    Send a FOIA request to the police force in question (or the City Clerk). Ask them for the operator's manual for the radar in question, the force's policy concerning radar and officer training, etc. Whether you can get these admitted as evidence in a court of law is another question. But you should be able to get the information.

    Good luck,
    Barry
    OK So lets say per the FOIA I do find the manaul and it says the radar gun must be serviced every year. How do I get that manual admitted into evidence? I don't think they are going to just let me copy it. Per the city attorney I can not subpena information. Is that correct?

  10. #10
    Join Date
    Sep 2007
    Posts
    9

    Default Re: Texas Speeding Ticket Laws Operating Radar Gun

    Quote Quoting deadlock
    View Post
    The training is probably a check mark and not worth your time trying to find the details. I thought the DA answered this question for you?

    You need to ask the officer who appears in court to show both the certificate of stopwatch accuracy and approved speed-timing device certificate issued by the Bureau. You don't get the information. They are prosecuting you. They provide the evidence.

    I told you if you are going to try to contest this you need to know how to defend yourself or get a lawyer. No one knows the jurisidiction except the PD.
    Thank you for your replies I honestly appreciate them. But if I knew how to defend myself I wouldn't be asking these questions. I came here for advice...not to be judged on my legal ability to defend myself.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Speeding Tickets: Speeding Ticket Without Radar Gun
    By azeey in forum Moving Violations and Traffic Tickets
    Replies: 5
    Last Post: 05-12-2011, 11:05 AM
  2. Speeding Tickets: Speeding Ticket Radar
    By professorpaddle in forum Moving Violations and Traffic Tickets
    Replies: 12
    Last Post: 02-15-2011, 08:54 AM
  3. Speeding Tickets: Radar Van Speeding Ticket
    By byThorbyOdin in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 02-26-2010, 11:56 AM
  4. Speeding Tickets: Speeding Ticket, Non Radar
    By 94punk in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 08-31-2008, 01:11 PM
  5. Speeding Tickets: Speeding ticket with no radar
    By Amanda22 in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 11-19-2005, 03:13 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document