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  1. #1
    Join Date
    Apr 2006
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    147

    Default Entering Evidence For A Traffic Court Trial

    I am in california about to go to trial for a speeding violation. In order for me to conduct my defence I need to present in court certain supporting documents (like radar requirement standards, national calibration requirements standards, radar manual and radar specification ect).

    My questions is what must I do to enter these documents as supporting evidence.

    1. I can get these documents by going to the related official goverment web state and print them out and provide the web address at trial. Can these be entered as evidence?

    2. If I have printed orginals can these be entered as evidence?

    3. Can text books be entered as supporting evidence?

    4. What are the general rules for entering published material?

    thanks

    p.s. if this thread should be place somewhere else please let me know or do so.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: California's rules of entering evidence for a traffic trial

    Quote Quoting blau
    I am in california about to go to trial for a speeding violation. In order for me to conduct my defence I need to present in court certain supporting documents (like radar requirement standards, national calibration requirements standards, radar manual and radar specification ect).

    My questions is what must I do to enter these documents as supporting evidence.

    1. I can get these documents by going to the related official goverment web state and print them out and provide the web address at trial. Can these be entered as evidence?

    2. If I have printed orginals can these be entered as evidence?

    3. Can text books be entered as supporting evidence?

    4. What are the general rules for entering published material?

    thanks

    p.s. if this thread should be place somewhere else please let me know or do so.

    My response:

    Wait a minute . . . you're all over the map with this one. So, let's back up a bit. Tell me, what recent books have you purchased from your local bookstore on this subject; i.e., traffic tickets?

    IAAL

  3. #3
    Join Date
    Apr 2006
    Posts
    147

    Default Re: California's rules of entering evidence for a traffic trial

    Quote Quoting IAAL
    My response:

    Wait a minute . . . you're all over the map with this one. So, let's back up a bit. Tell me, what recent books have you purchased from your local bookstore on this subject; i.e., traffic tickets?

    IAAL

    I don't get your questions? I don't plan to enter a traffic ticket book as evidence.

    I am just trying to figure out what I can and can't enter as evidence. Specifically can I enter as evidence the following:

    1. Print out of the calibration guidence requirements (manual) publish by the govering federal agency on their official website.

    2. Print out of the National Traffic Safty Adminstration Radar Measurement Device requirement from the National Traffic Safty Adminstration (Govering Federal Agency) official website.

    3. Print out of Specification sheet of the radar device from the manufacturer's website.

    4. References from Physic or Math text books.


    thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California's rules of entering evidence for a traffic trial

    You may wish to review these rules of evidence, or the rest of the rules which are available here.

  5. #5
    Join Date
    Apr 2006
    Posts
    147

    Default Re: California's rules of entering evidence for a traffic trial

    Quote Quoting aaron
    You may wish to review these rules of evidence, or the rest of the rules which are available here.
    The rules of evidence you sited is as follows:

    1340. Evidence of a statement, other than an opinion, contained in
    a tabulation, list, directory, register, or other published
    compilation is not made inadmissible by the hearsay rule if the
    compilation is generally used and relied upon as accurate in the
    course of a business as defined in Section 1270.


    1341. Historical works, books of science or art, and published maps
    or charts, made by persons indifferent between the parties, are not
    made inadmissible by the hearsay rule when offered to prove facts of
    general notoriety and interest


    This helps. So a physics text or math book is in. However, what is all of your opinion on print out of items on a website (say from the from the Department of Transportation). There is not doubt pamphlet from them is admissible. But would a printout of a pamphlet from their website be admissible?

    And on a related question what are the court ruling on recording of broadcast events enter as evidence (tape of the evening news).

    thanks

    p.s. In my case here I will try to get the pamphlets but I donít think I can get it in time and the items I am getting could be expensive.

  6. #6
    Join Date
    Apr 2006
    Location
    CALIFORNIA
    Posts
    83

    Default Re: California's rules of entering evidence for a traffic trial

    Just my opinion, but if you print out some information from a website, it probably wouldn't be accepted because information from a website can be manipulated and then printed out.

    I think they would accept a notarized print out. This way, you have verification that what you printed out is a certified copy of what you obtained from the website. Of course, that will cost money.

    Again, I may be wrong with regards to website reference printouts but it really is easy to manipulate wording on a website and then print it out. Of course, if you do that and get caught, now you're facing perjury.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California's rules of entering evidence for a traffic trial

    Quote Quoting blau
    1. Print out of the calibration guidence requirements (manual) publish by the govering federal agency on their official website.
    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
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California's rules of entering evidence for a traffic trial

    For printouts of websites:
    Quote Quoting California Evidence Code, Section 1552.
    (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or computer program that it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of computer information or computer program is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the computer information or computer program that it purports to represent.

    (b) Subdivision (a) shall not apply to computer-generated official records certified in accordance with Section 452.5 or 1530.

  9. #9
    Join Date
    Apr 2006
    Posts
    147

    Default Re: California's rules of entering evidence for a traffic trial

    Quote Quoting aaron
    For printouts of websites:
    Does this mean. I can introduce it as evidence. However if the other party introduce evidence that it is inaccuract, then I must proof that it is accuract by preponderance of evidence.

  10. #10
    Join Date
    Apr 2006
    Posts
    147

    Default Re: California's rules of entering evidence for a traffic trial

    Quote 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

    Carl,

    While a highly technical person may not be an expert under the law. The questions is had you ever seen a truly technical person defending himself in court who also understand the law. And for tha matter would you know of a technical person if you run accrossed one.

    If the court get a expert to help them with their case, so much the better. 1. I will object becase the witness was not list in their orginal discovery. 2. It may delay trial more than 45days and I will request dismissal base on speedy trial. 3. The expert still have to admit that there were errors commited during the calibration (if I am right and they are honest) they could only testify that they did wrong still radar is accurate at best.

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