CMF dispenses legal advice... a <b>BLAST From The Past</b> -- Discussion for those who have been harassed by CMF

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Date Posted: 10:04:50 09/10/02 Tue
Author: but he couldn't beat his own speeding tickets!!
Subject: CMF dispenses legal advice... a BLAST From The Past

Time: Wed, 21-Jun-2000 23:05:57 GMT

: Radars ARE and CAN be used at
:night. I've been on shifts with county police here in
:VA and we........

All of these methods of speed detection can and have been
successfully challenged in all jurisdictions in this country.
Laser has not been given judicial notice of its' scientific
accuracy in many jurisdictions, particularly NJ, where a defense
attorney in a prolonged trial where much scientific evidence from
NASA was being given anyway to refute the reliability of Laser,
picked up the unit from a table and waved it at the courtroom
walls clocking the walls at 27 MPH!!!! That was a $12,000
defense to an unrighteous ticket! Vascar is just plain
unreliable; verasity of the operator can be questioned; sealed
calibration can be challenged, and many courts don't like the
fact that VASCAR doesn't give a definitive speed yet an average
speed over a supposed pre-determined distance. MAny
jurisdictions have banned the use of VASCAR, particularly after
many successfull challenges. RADAR is the most reliable of the
bunch, but is it being calibrated before and after each use? was
it moving or not? what were the weather and surrounding elements
and conditions? Because police radar is susceptible to certain
types of outside interferences. Who did the internal
calibrations and are they present in court to be cross examined
re: the lab calibrations, if not, then the calibration slip must
be excluded on a hearsay objection, and all other evidence of
speed obtained from the unit must be excluded under the
exclusionary rule and a motion of acquittal must then be made to
the court, whereupon they would have no choice but to dismiss.
Hope this helps, but you still have to know the practice book on
procedure in that jurisdiction and how to present a case like
that in court, which most attorneys do not know how to do!
Regards,
Bill Parks

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