How to Beat a Radar Ticket in California
01-03-2005, 10:00 PM
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How to Beat a Radar Ticket in California
I just beat a ticket for (ahem, well) over 100 mph in a 70 mph zone on I-5. The best advice is hire traffic ticket defense attorney extraordinare Sherman Ellison of Sherman Oaks, CA.
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
01-04-2005, 08:33 PM
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This, of course, is not legal advice.
First, re-read the first post on this thread. If you got a RADAR ticket, there should come a point in the cop's testimony when he shows the judge the radar gun certification form. At that point say "OBJECTION, HEARSAY." Then ask the cop if he relied on this doument to determine if his radar gun was accurate. He will say yes. Object again, on hearsay grounds. If the Judge asks you what you mean, say, "this document has not been authenticated and lacks foundation." If the cop does not introduce the radar certification, ask him for it. As soon as he gives it to you, start with the words OBJECTION HEARSAY and follow the instructions above.
If the Judge asks why the hearsay exception for government records does not apply, say "San Diego State Univ. (or whatever lab did the testing) is not a state government agency." If the Judge asks why the "business records exception" does not apply, say "the document still must be authenticated, and no custodian of records testifiied, so the document lacks foundation."
The same goes for "pacing" where the cop followed you. He needs to have is speedomoter calibrated. Do the same thing with the calibration docuement as you would with the radar certification form
First, re-read the first post on this thread. If you got a RADAR ticket, there should come a point in the cop's testimony when he shows the judge the radar gun certification form. At that point say "OBJECTION, HEARSAY." Then ask the cop if he relied on this doument to determine if his radar gun was accurate. He will say yes. Object again, on hearsay grounds. If the Judge asks you what you mean, say, "this document has not been authenticated and lacks foundation." If the cop does not introduce the radar certification, ask him for it. As soon as he gives it to you, start with the words OBJECTION HEARSAY and follow the instructions above.
If the Judge asks why the hearsay exception for government records does not apply, say "San Diego State Univ. (or whatever lab did the testing) is not a state government agency." If the Judge asks why the "business records exception" does not apply, say "the document still must be authenticated, and no custodian of records testifiied, so the document lacks foundation."
The same goes for "pacing" where the cop followed you. He needs to have is speedomoter calibrated. Do the same thing with the calibration docuement as you would with the radar certification form
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