Probably it does not matter whether the SMD box was checked on your ticket because you have been provided with discovery materials clearly indicating radar was used, so I don’t see that working. Also you are charged with Neg2—not speeding, so the judge needs to see the officer’s statement and observe the total lack anything other than speed evidence.
A few years ago I had a speed ticket with the SMD box also unchecked like yours. When I started a sufficiency motion the judge asked me, “Do you really want to do that?” and then explained that if I did she could not consider anything other than the face of the ticket. I withdrew the motion and asked to view discovery (which I had not previously requested due to the defect on the ticket). Ten minutes later I moved for and was granted suppression of the radar evidence due to an expired calibration certificate. Actually that was my original idea, because all the attorneys were taking advantage of the fact that the city had a strict 1-year recertification policy. In my case this forum ended up being a bit of a distraction.
Suppressing radar would certainly be beneficial be if there were any clear arguments that would convince a judge to do that. Definitely you should check to see if the cert is filed at the court especially since the prosecutor did nothing to help you find it on the web. Also you might have a weak argument that the officer does not indicate personal knowledge about the speedometer certification (ER 602) and did not provide you any way to verify it (ER 901).
Your main argument should be to immediately move for dismissal due to no evidence for Neg2 other than speed as I outlined above. If that fails you can attempt to suppress radar but your chances of that are probably not great. All motions are preliminary and should be done before the officer’s report is read into the record and before you are sworn in for testimony. Of course if any motions succeed then you will not need to testify.


