Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2016
    Posts
    1

    Default Patrol Vehicle Speedometer Calibration Rules for a Paced Speeding Ticket

    My question involves a traffic ticket from the state of: California

    While traveling on a freeway, I received a Citation for 22349(a) Speed in Excess of 65mph.

    I have seen the Officer's Declaration statement, and it includes a Odometer Calibration Certificate, which includes date of calibration, the name of person making check, the serial number of the test equipment, and the vehicle read speed compared to the actual speed. Further, while the citation indicates the officer paced me to make his determination of speed, the officer's declaration indicates he also confirmed the pace speed by using radar.

    Questions:
    1) The date-of-calibration for the odometer is 44 days before the citation date. Is that enough time to reasonably think the odometer could be out of calibration?

    2) If the person making the odometer calibration check is someone other than the citing officer, is the introduction of the calibration certificate into evidence heresay?

    3) If no evidence as to the condition of the test equipment is presented into evidence, is it possible to object on the grounds that the test equipment itself my be out of calibration?

    4) If the calibration certificate does not include a speed as high as the speed the officer claims he paced me at, is it reasonable to object that the certificate is not evidence that the odometer is calibrated at the speed in question?

    5) If you wanted to make a Plea Agreement with the Prosecutor, when is the proper time to do that, and how do you go about it? (I've never represented myself for a speeding ticket in court before).

    Thank you for your advice!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Is Odometer Calibration Heresay if Not Performed by Citing Officer

    [QUOTE=SFV;958867]
    My question involves a traffic ticket from the state of: California

    While traveling on a freeway, I received a Citation for 22349(a) Speed in Excess of 65mph.
    What speed were you cited for?

    I have seen the Officer's Declaration statement, and it includes a Odometer Calibration Certificate, which includes date of calibration, the name of person making check, the serial number of the test equipment, and the vehicle read speed compared to the actual speed. Further, while the citation indicates the officer paced me to make his determination of speed, the officer's declaration indicates he also confirmed the pace speed by using radar.
    Confirming visual estimation and even pacing with radar is a common practice. Indeed, confirming a visual observation with radar is how they tend to be trained.

    Questions:
    1) The date-of-calibration for the odometer is 44 days before the citation date. Is that enough time to reasonably think the odometer could be out of calibration?
    No. Odomoeter calibrations are done infrequently under the best of circumstances. Once a year at best, for most agencies.

    2) If the person making the odometer calibration check is someone other than the citing officer, is the introduction of the calibration certificate into evidence heresay?
    No. You can, of course, challenge the introduction of the certificate and see if the judge will continue the matter and issue a subpoena for the person who conducted the calibration, but I would not count on that.

    3) If no evidence as to the condition of the test equipment is presented into evidence, is it possible to object on the grounds that the test equipment itself my be out of calibration?
    You'd better have some factual evidence to show that this is even a remote possibility.

    Let me also add that Traffic Court is not very tolerant of wannabe Clarence Darrow operators trying to muck things up. Just making wild accusations and supposition is not going to be sufficient to change the fact that you were speeding.

    4) If the calibration certificate does not include a speed as high as the speed the officer claims he paced me at, is it reasonable to object that the certificate is not evidence that the odometer is calibrated at the speed in question?
    No. And, even if it is off by a couple MPH (which is a pretty big disparity to begin with), unless you were cited for 67 MPH and the ONLY reading was through pacing, all of this "what if" stuff is doomed to failure.

    5) If you wanted to make a Plea Agreement with the Prosecutor, when is the proper time to do that, and how do you go about it? (I've never represented myself for a speeding ticket in court before).
    Very few prosecutors' offices deal with traffic matters. You are welcome to contact the county DA's office and see if this is a possibility (or the local city attorney if this was a local PD that issued the cite and the CA handles traffic matters), but in most instances you will have no one to deal with.

    Most often your choices are to plead guilty and ask for traffic school to avoid the point. Or, challenge the cite, hope the officer does a no-show or you can somehow beat the rap. However, if you lose at trial the chance of traffic school is greatly diminished and in some cases will not be offered at all. This practice varies by county and court, but is commonly held.
    **********
    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

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Paced Speedometer Speeding Ticket in Washington
    By assistanceplease in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-15-2014, 02:06 PM
  2. Speeding Tickets: Radar Speeding Ticket, But My Speedometer and GPS Said I Wasn't Speeding
    By Itwasentme in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 03-08-2012, 09:42 PM
  3. Speeding Tickets: CHP Speeding Ticket with No Radar, Laser, Patrol Vehicle or Distance
    By x4words in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-11-2011, 09:33 PM
  4. Speeding Tickets: Speeding Ticket Defense, No Speedometer Calibration for Police Vehicle
    By chibichanman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 09-30-2010, 12:30 AM
  5. Speeding Tickets: Wrong Speedometer Calibration in Discovery Items
    By Torturella in forum Moving Violations, Parking and Traffic Tickets
    Replies: 18
    Last Post: 03-10-2010, 12:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources