Is a radar reading admissable evidence if the radar unit was not recently calibrated, maintenance and calibration records are not available, and the radar gun itself cannot be located (disposed of, or in storage, whereabouts unknown)? Is there a legal precedent, preferably from MN court? If the radar evidence is thrown out, can the stop be based solely on the officer's visual estimation (at night, coming from opposite directions, and the officer was in his third month of active duty)? Any legal precedent here?
2007-09-19 13:10:22 · 10 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
While the conditions you have described do not invalidate the stop, they do constitute "reasonable doubt" and you should be found not guilty in traffic court.
2007-09-19 13:15:35 · answer #1 · answered by Anonymous · 0⤊ 4⤋
It really can depend on whether the cop has had special training classes. The more classes they take the more certified they become. It doesn't matter if he has only been on active duty for 3 months. Most of the classes take anywhere from 4 hours to 3 months. Radar certification in TX is an 8 hour course that covers most loopholes defendants try. You may get a not guilty, or you may have to pay your ticket.
I have to add, officers usually get written up for not showing up to court. So don't bank on that.
2007-09-19 13:23:31 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The ticket IS based on the visual estimation, not the radar. Officers are taught methods to estimate speed and then confirm that estimation with the radar. Despite what you see in movies, officers cannot rely solely on just pointing the radar at you.
2007-09-19 13:27:32 · answer #3 · answered by gunsandammoatwork 6 · 2⤊ 1⤋
hope you get a good lawyer because you have to prove your alligations of the radar gun being off and for some reason i belive your an expert in radar gun calibration
2007-09-19 19:03:38 · answer #4 · answered by crazy_devil_dan 4 · 0⤊ 0⤋
Honey, you know speed kills and that you were speeding. You just don't like that you got caught. So the cop is to blame, cause he's only on the job three months. That's rich.
They can't find the radar gun BLAAAABLAAA OJ.
Just pay the fine and slow down.Cry baby..
2007-09-19 13:22:35 · answer #5 · answered by Debster2525 2 · 4⤊ 0⤋
Odds are that if you plead Not Guilty, they'll set a trial date for some time in the future. If you show up and the officer doesn't (which is likely), the ticket will be thrown out. You bringing up all these questions only adds to the likelihood that the officer will not show up, and it will be "Nolle Prosequi" or "not prosecuted".
2007-09-19 13:18:42 · answer #6 · answered by open4one 7 · 1⤊ 1⤋
Most places don't have the antiquated radar that has to be calibrated. They have laser. If you were speeding, pay the ticket. If he was moving and he got you, he's probably got laser and you are nailed.
2007-09-19 13:19:28 · answer #7 · answered by midnitrondavu 5 · 3⤊ 0⤋
It would not venture me plenty because of the fact all families have NUTS! enable's merely wish Joh McCain does no longer get like his brother, even although he already is a Cranky previous guy! depart something to your mind's eye! think of Reagan in his previous couple of months!
2016-10-09 12:10:39 · answer #8 · answered by ? 4 · 0⤊ 0⤋
The guy that answered this question named "Guns.and.ammo.at.work" is correct.
I learned that in CJ school.
2007-09-19 13:53:55 · answer #9 · answered by Anonymous · 1⤊ 0⤋
plead not guilty, cop won't show, case dropped.
2007-09-19 13:41:32 · answer #10 · answered by Anonymous · 0⤊ 2⤋