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Melendez-Diaz Supreme Court Ruling - Traffic Case Effects

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  • 04-10-2010, 02:25 PM
    davidmcbeth3
    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...
  • 04-10-2010, 03:41 PM
    Mr. Knowitall
    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.
  • 05-08-2010, 02:07 PM
    davidmcbeth3
    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!
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