
Quoting
cdwjava
You have to establish a foundation for these things for them to be accepted into evidence. if you are making a technical defense regarding calibration and maintenance, you may very well be asked to verify these standards with expert testimony.
You can throw all sorts of stuff out there if you want, but the bottom lin eis that you will have to show - through expert testimony - that the device was improperly maintained or calibrated. if the maintenance records meet the minimal statutory requirements, then it is a matter of opinion as to whether the maintenance and such was performed properly, and you would not be competent to express an opinion on this - and neither would the officer.
And by trying to pursue a technical defense, you may very well guarantee a continuance while the prosecution obtains an expert in the calibration and maintenance of the devices to opine that they were maintained correctly. Then it comes down to your word versus the expert's.
If this is a 'Hail Mary', go for it - just don't piss off the judge. If this is something so vital that you have to win, I would recommend an attorney to make the technical defense. Except when the maintenance and/or calibration records are missing or obviously defincient, I have never seen a technical defense prevail without experts.
- Carl