I think that Prusakolep makes a valid point. The argument could be worth a shot especially if your son is not eligible for a deferred finding. However if eligible I would ask the judge right away if the deferral option can be held pending the outcome of a preliminary motion. Some judges will allow it, because when a motion is heard the hearing has not commenced and no finding has been made yet based on evidence.

He can move to exclude or suppress evidence of speed based on lack of foundation, because there is no evidence that the device was tested at end-of-shift. At the time of electronic filing, the officer states what he will do if “the RADAR unit does not pass the test at the end of my shift…” but previously attested that “I checked the RADAR at the beginning and end of my shift and they were in proper working order.” These are contradictory statements. He cannot attest to something in the future.

Your son should announce that he has motions immediately when his case is called, before the officer’s statement is read into the record and before he is sworn in for testimony. If granted, he can move for dismissal due to lack of evidence.