I was told in Buffalo NY traffic court that the cops do not have to provide proof of radar gun testing. Is this true

Asked about 1 year ago - Buffalo, NY

DO I HAVE THE RIGHT TO ASK THE POLICE TO PROVE THAT RADAR TESTING WAS DONE BEFORE START OF SHIFT

Attorney answers (4)

  1. Parker Roy MacKay

    Contributor Level 9

    2

    Lawyers agree

    Answered . You are correct. Generally, the police, especially state troopers, will not bring the radar certificate with them to the hearing, and if the defendant asks it to be produced, the admin law judge really won't care too much when it isn't.

    You have the right to ask any question you want during cross-examination, and asking whether the officer calibrated his radar before and after his shift is proper. An experienced traffic lawyer will know other questions to ask, based on the specifics of your situation, to try and defeat a speeding ticket.

    The above statement is intended for informational purposes only and does not establish an attorney/client relationship.
  2. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . At trial, your attorney can put the officer through the ringer, insisting that he produce the logs, etc for the radar gun. S/he might even send a demand for disclosure which then prompts a furor of activity. But you'll need a lawyer to do this realistically, so contact a traffic attorney who actually does good trial work vs. just negotiating down....if you're serious.

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  3. Ernest DuBose

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The police are generally do not provide proof the radar detector is working. You can ask to inspect the radar detector if you go to trial.

  4. John J. Carney

    Pro

    Contributor Level 14

    Answered . That is a traffic violations bureau court and you are forced to plead guilty or go to trial. Retain my firm or a good traffic lawyer to handle the trial and feel; free to call for a consultation. The poilce do not need to provide anything, but it will be an issue for the court to dismiss the charges.

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