The 6 hour time discrepancy on the officer’s report is not typical. I looked through a number of reports from other cases and those times usually match exactly. Most officers, when using the commonly used SECTOR system will not state a time because it is already in the top right corner and to state it again would be redundant.
I can see a couple preliminary motions that might be successful or might not, depending on the judge:
- Preliminary motion to exclude or suppress the evidence of speed, because the officer does not attest to testing of the radar device on the day the incident occurred. There is only a statement that “These tests and checks were made before and after the NOI.” The check before could have been days, weeks, or even months ago. The later check could have the next day or anytime before the notice was filed with the court.
- Preliminary motion to dismiss due to conflicting information. IRLJ 2.1(b)(4) requires the time to be included on a notice of infraction, but the officer has also attested to a time 6 hours later, which casts doubt on when the alleged infraction took place.
Announce that you have motions immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony. If any motion to suppress or exclude is granted, then move for dismissal.
If your main priority is to keep a moving violation off your record, then you might also consider asking the prosecutor (if present) a few minutes before your hearing if he/she could amend to a non-moving violation, or request a deferred finding from the judge if you are eligible. If requesting a deferral, you can also ask the judge if he/she can hold that option open pending outcome of preliminary motions.