
Quoting
jamesnb
Thanks Mr. Knowitall. The case was dismissed but not based on Hall v. State or LIDAR evidence. We didn't get that far. I'm curious how it would have turned out though.
I got the "complaint" thrown out with a Motion to Quash based on Texas Code of Criminal Procedure Art.45.018.
Art. 45.018.b states "A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint". (I asked for the complaint in my Motion for Discovery which I filed 15 days earlier and nothing I asked for was provided.) The bailiff handed me the complaint when I walked in this morning (clearly not the day before).
In my Motion to Quash I state the complaint was not provided in a timely manner as stated in Art. 45.018, I did not waive my rights, the citation did not qualify as a complaint per Art.45.019, and I requested the complaint in my Motion for Discovery filed March 1.
The judge took the motion to Quash "under advisement". Then I proceeded with my Motion to Suppress Evidence because I didn't receive any of the items I asked for. The next 30 minutes were wasted with the city attorney and cop trying to get the dash cam video I requested, the judge and prosecutor offering to let me come back in a couple of weeks (to help me out, you understand), and me occasionally and politely asking to approach and renewing my motion to dismiss in the interest of justice.
I finally got to see the video and I really think the cop pulled me over by mistake. I watched it twice and the cop asked to see it again as i was leaving the little room. I won't waste time going into it but I would have wanted the jury to see it.
The prosecution argued I wasn't entitled to the maintenance record, calibration records, Serial Number, Model and Brand of SMD used -- "there are no records for calibration because you don't need to calibrate LIDAR" (right!) and "the officer will be glad to answer any of your questions during cross examination; you can ask him anything you want." I argued this information is vital to my defense. More delays. The Sargent has the records and he's working traffic; no idea when they can be made available. Prosecution again says I'm not entitled.
Renew my motion to dismiss. Again with the let's do you a favor and put this off so you have time to do your research and you will have your one day notice of the complaint. I argued without the SMD information, a delay does me no good; the state announced ready for trial which clearly they are not. I announced ready but with pre-trial motions. I'm here, Judge, you are here, the officer is here, the prosecutor is, and the City has gone through the expense to summon a jury that is also here and ready. If I would have shown up unprepared, there would be no delay. The Court clearly states for Jury Trials, a three day notice for a continuance is required. I ask you hold the prosecution to the same standard. I ask that you rule on my Motion to Quash.
State's Motion for continuance denied. Motion to Quash sustained. Motion to Dismiss sustained. "Thank you, Judge, I appreciate your patience."
Buy the way, the racket the cops are running is they camp out about 300 feet from the sign that announces the change from 35 mph to 45 mph. They measure the distance from there patrol car to the sign with the LIDAR, say 300 feet. Car drive past him and start to accelerate as they approach the 45 mph sign and when the LIDAR reads the range as say, 295 feet, they tag you for say 48 mph in a 35 mph zone. That's durty.