Melendez-Diaz Supreme Court Ruling - Traffic Case Effects
I have cited this case in a recent traffic case to exclude certificates of calibration of a lidar unit. I was successful. Others I have known have likewise been successful. I see in WA state, rules allow affidavits admitted w/o testimony ... this appears to be violative of the SCOTUS ruling too... post results of citing this case in this tread here please...
Re: Melendez-Diaz Scotus Ruling - Traffic Case Effects
In most states, traffic tickets are prosecuted as civil infractions and not as criminal cases. As a result, Supreme Court holdings that relate to criminal prosecutions have lesser bearing. Some protections do apply, due to the quasi-criminal nature of the proceedings, but not all. You seem to think that all apply; quite simply, that is not correct.
See also what blewis wrote in this thread.
Re: Melendez-Diaz Scotus Ruling - Traffic Case Effects
it would only apply in criminal cases -- you are correct ... pros & cons in respect to a civil v criminal case.........ex: in a civil one (i dont live in such a state) I would file a motion to admit stating my speed was at the speed limit (when they dont answer, its admitted & then I would ask for dismissal before the trial began) ... in criminal, discovery & objections are stronger ......... like your name!