nrv@circe.UUCP (12/19/83)
HELP! As the unfortunate victim of an overdose of microwave radiation, namely a police radar speed trap, I am in desperate need of any useful advice from this well informed audience. Does anyone out there have experience with challenging radar in court? I have heard of government testing done on the accuracy of radar units showing they are capable of clocking trees at over 60 MPH. I have also heard about cases where the radar evidence had been thrown out of court, particularly a case in Florida. What I really need is the kind of specifics that would be acceptable evidence to bring to court. Has anyone done this before? Does anyone know where I might begin looking for info on legal precedents and the like? I presume a large library would have magazine articles and such but how could I obtain the results of the tests on radar in a form that would be legally admissible evidence? Any advise should be mailed directly to me and I will post a summary along with news of my success or failure. I am sure many of you may one day need this information also. Please help. The a*s you save may be your own. Rich Venditto (circe!nrv @ BTL in Murray Hill)
grw@inmet.UUCP (12/24/83)
#R:circe:-2500:inmet:2700037:000:884 inmet!grw Dec 22 11:10:00 1983 Perhaps you should consider the ticket an 'educational expense' and invest in a good radar detector to protect yourself from future problems. The courts are not likely to throw out radar evidence unless you can demonstrate that the gun was not a)used properly, b)serviced properly, and/or c)maintained regularly. I do know of a case that was dismissed when the defense showed that the arresting officer had only second hand information regarding the proper function of the radar gun (i.e. he had no personal involvement in the maintenence and calibration of the gun and assumed it was working properly). The success of such a defense depends heavily on how well prepared the police officer is, how good the records kept by the police department of maintenence to the guns is, and whether the judge has an open mind. A very good trial lawyer, of course, helps as well.