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  1. #1
    Join Date
    Aug 2011
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Post ETS and cops declaration for us to review. Imageshack.com etc.

  2. #2
    Join Date
    Jan 2012
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    Bay area CA
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    correction : the accident rate is listed as '1.07', and the ETS doc does have a name on it.
    I have posted the docs to this site:

    http://s191.photobucket.com/albums/z...t%20documents/

  3. #3
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting 98redrang
    View Post
    correction : the accident rate is listed as '1.07', and the ETS doc does have a name on it.
    I have posted the docs to this site:

    http://s191.photobucket.com/albums/z...t%20documents/
    according to his declaration, that's a pure "pace" and if he duplicates that at the TDN, you're going to get nowhere arguing a requirement for the survey or any details therein!

    Good luck!

  4. #4
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    Feb 2010
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    CT & IL
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    The officer has conflicting facts stated regarding the pace. First he says 1.5 miles, then when he pulled up to your vehicle, you pulled over...appears as if a proper pace did not occur.

    Additionally, the speedometer calibration does not appear to be valid. No certificate of calibration is shown, just a legal conclusion that it was calibrated. And a police officer hardly has the skills needed to perform such a calibration nor the equipment to do one. I know what they do...they drive around at various speeds and use their RADAR/LIDAR to check the speed by which the vehicle is going. However, the RADAR/LIDAR is not designed to perform this task.

    Of course, the officer's statement can be used to impeach him at trial...if he shows up.

  5. #5
    Join Date
    Jan 2012
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    Bay area CA
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    I did receive a copy of the speedometer calibration (though technically I feel it is lacking but oh well) along with the lidar and training certs per my discovery request. However he did not included a copy of it with his written declaration, and I did Not submit a of copy of it with my written statement, so I don't know if it is actually entered into the record. Could I ask him at trial to produce the copy and if he does not then call him on it?
    So the speed trap/ETS defense is out, what about the wrong name on his dec? Also he states I passed him doing 15mph over the limit and he then followed me.
    but im not so blind that I dont know when I blow past a CHP on the highway, especially since I know was not not passing anyone on the 101 at ~70mph.

  6. #6
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting 98redrang
    View Post
    So the speed trap/ETS defense is out...
    Please post a copy of EVERYTHING as multiple "experts" have requested. Include the ticket (which you say has radar/lidar checked), the TR-2xx form which contains the officer's declaration and the speedometer calibration.

    If there is even a hint of radar/lidar use, case law strictly holds that the speed trap laws apply. If the same 3-page survey you posted is produced at trial, it's inadmissible because it contains none of the raw data.

  7. #7
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    LA LA Land
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting quirkyquark
    View Post
    Please post a copy of EVERYTHING as multiple "experts" have requested. Include the ticket (which you say has radar/lidar checked), the TR-2xx form which contains the officer's declaration and the speedometer calibration.
    And of course as we always say, redact all personal information before you upload and post.


    Quote Quoting quirkyquark
    View Post
    If there is even a hint of radar/lidar use, case law strictly holds that the speed trap laws apply.
    Agreed...

    Quote Quoting quirkyquark
    View Post
    If the same 3-page survey you posted is produced at trial, it's inadmissible because it contains none of the raw data.
    Without the hint mentioned above, no survey is required!

    And just to be clear, a scribble in the Radar/Lidar/Patrol Vehicle number Box on form TR-130, is not necessarily indicative of Radar/Lidar use, if it resembles a number, it could also be referring to the "Patrol Vehicle Number" thereby referencing the speedometer used during the pace. Just saying...

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