IF AN OFFICER USED RADAR WHEN ISSUING YOU A SPEEDING TICKET THE FOLLOWING STEPS MAY HELP BRING ITS ACCURACY INTO QUESTION...
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CROSS-EXAMINE THE OFFICER ABOUT HIS RADAR TRAINING
TO USE RADAR, AN OFFICER MUST COMPLETE A 24 HOUR PEACE OFFICER STANDARDS AND TRAINING (P.O.S.T.) CERTIFIED COURSE. ASK THE OFFICER IF THEY ATTENDED A P.O.S.T.-CERTIFIED COURSE, AND, IF SO, HOW LONG IT WAS. IF THEY ANSWER "YES" TO BOTH - WHICH THEY WILL - ASK THEM FOR DOCUMENTATION PROVING THEIR CERTIFIED STATUS.
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RADAR UNIT MUST BE INDEPENDENTLY ANALYZED..
TO BE ADMISSIBLE AT TRIAL, THE RADAR UNIT MUST HAVE BEEN EXAMINED AND APPROVED FOR ACCURACY BY AN INDEPENDENT TESTING LAB WITHIN 3 YEARS OF THE DATE YOU WERE ISSUED THE TICKET. AGAIN, ASK THE OFFICER TO PRODUCE WRITTEN PROOF THIS WAS DONE.
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REQUIRE PROOF OF EXAMINATION BY AN INDEPENDENT LAB
THE UNIT MUST HAVE BEEN EXAMINED BY AN INDEPENDENT TESTING LAB WITHIN 3 YEARS OF THE DATE OF THE STOP FOR ANY ALLEGED EVIDENCE ASCERTAINED BY IT TO BE ADMISSIBLE.
AGAIN, DEMAND DOCUMENTATION PROVING THIS WAS DONE.
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HOW WAS THE UNIT CALIBRATED?
WHEN POLICE ACQUIRE A RADAR UNIT, TUNING FORKS COME WITH IT. EACH UNIT HAS A PAIR OF TUNING FORKS DESIGNED TO TEST THE UNIT'S ACCURACY. TUNING FORKS ARE THE RECOMMENDED METHOD FOR CALIBRATING RADAR BY BOTH THE UNIT'S MANUFACTURER AND THE NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION. THE USER'S MANUAL ALSO STATES TUNING FORKS ARE THE PREFERRED METHOD. ASK THE OFFICER IF HE CALIBRATED THE UNIT BEFORE STOPPING YOU, AND, IF SO, WHAT METHOD DID HE USE?
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WHEN WAS THE UNIT LAST CALIBRATED?
JUST AS THERE IS A RECOMMENDED METHOD FOR CALIBRATING RADAR, SO THERE IS A RECOMMENDED TIME FOR CALIBRATING RADAR. N.H.T.S.A. AND THE RADAR MANUFACTURER BOTH RECOMMEND CALIBRATING THE UNIT AFTER EVERY STOP MADE BY THE OFFICER WHERE RADAR WAS INVOLVED. THE SUPREME COURT'S OF BOTH MINNESOTA AND WISCONSIN HAVE GONE SO FAR AS TO RULE THAT A CONVICTION FOR SPEEDING CANNOT STAND IF THE ONLY METHOD USED TO CALIBRATE THE UNIT IMMEDIATELY PRIOR TO THE STOP IN QUESTION WAS WITH THE UNIT'S OWN TEST SWITCH INSTEAD OF WITH TUNING FORKS.
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