| Re: Another Bad Experience With A Cop
In the future, if I receive a ticket, I will be filing a discovery motion and requesting all training records for the officer (which as you know many officers do not receive the radar company suggested minimum of training hours and are not trained by a representative of the radar company in the proper use of the device); a copy of the radar manual which often state that an accurate reading cannot be obtained through a single reading, most suggest 3 readings and then to take an average of the 3 to determine an accurate reading; a copy of the officer's radar calibration records (the manuals typically suggest that an accurate reading may only be determined if the radar is calibrated before and after each traffic stop). In your state of Georgia (yee haw), you are probably aware that, to prove a speeding violation, the prosecuting attorney must prove various factors including: (1) the device 'before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing at least a Second Class Radiotelephone License from the Federal Communications Commission,' (2) the device has passed tests 'for accuracy' conducted 'in accordance with the manufacturer's recommended procedure' by the officer or officers using the device, these tests having been conducted 'at the beginning and ending of each duty tour' and the results of the tests having been recorded and maintained, and (3) the vehicle from which the device was being operated at the time of its use was 'visible to approaching motorists for a distance of at least 500 feet.' The Supreme Court of Georgia established these rules in Wiggins v. State and incorporated in the Official Code of Georgia Annotated at ยง 40-14-5.
I was referring to that <_< |