Cause No(s).
_____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
NOTICE OF RADAR CALIBRATION REQUIREMENT
THIS CASE IS CITED IN TEXAS
DPS HANDBOOK AS BASIS FOR USE OF POLICE RADAR
CASE LAW
New Jersey Superior Court Ruling 8-2-79/New Jersey Vs Douglas
Wojtkowiak
A.) Requires
a calibrated speedometer in the radar patrol vehicle.
B.) Follow-up
training be required in order to verify continuing qualifications.
C.)
With some traffic patterns, such as heavy
approaching traffic in multiple lanes, it will be difficult if not impossible
to identify a target.
D.)
The skill and training of the troopers who
conduct follow-up training be most carefully evaluated.
E.) The
target vehicle must be out in front, by itself. (By itself means that there are
no other vehicles in the area.)
F.) Re-establishes
the need for documentary proof a radar cases..
G.) Requires
tuning fork calibration before and after use and at any time the main power to
the radar has been shut off. (This comes from the operations manual and the
court concurs, also this (coffee break) rule is required and confirmed at Hawaii
v. Fedje and others Nov. 79)
H.) Advises
police to catalog, within their patrol area, the location of external
interference’s as airports, high voltage power lines, transmitting towers, etc.
I..) If
any of the above (item H) are introduced into evidence then the State carries
the burden to prove the accuracy of the displayed speed. (Simply calibrating
before use is no longer enough)
Honeycutt Vs Commonwealth, (KY), 408 SW2d 421
A.) Re-establishes all
requirements in New Jersey Vs Douglas Wojtkowiak
State Vs Wilcox, 40 Ohio APP. 2d 380
This
establishes need for documentary proof unit was working correctly and operator
was qualified.
________________________________________
Signed
________________________________________
Name
________________________________________
Location
________________________________________
Area
CERTIFICATE
OF SERVICE
I hereby certify that a true and
correct copy of the forgoing has been delivered to the following party or
counsel of record via delivery confirmation, hand delivery or fax on this
______ day of ________________________,
201__.
______________________________________
______________________________________
______________________________________
_________________________________
INSTRUCTIONS
This Document is usually only used when there is a
speeding charge. This Document can be filed after arraignment. The sooner, the
better. At a minimum, 10 days before the Pre-Trial hearing. Just another hoop
the Prosecutor has to jump through.
Original is filed with the court clerk, copy served on
the prosecutor, a copy for you.
Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or
County.
Line 3: Put either
‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever
county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Sign your name, print
your name in Upper and Lower Caps.
Line 7: Put your name in Upper
and Lower Caps.
Line 8: Print your address.
Line 9: Print the City where your address is; then Texas
Line 10: Put the numbered day of
the Month that you serve a copy of this document to the prosecutor.
Line 11: Put the name of the
Month that you serve a copy of this document to the prosecutor.
Line 12: Put the last number of
the year that you serve a copy of this document to the prosecutor. – like - 2013
.
Line 13: Put “ Prosecutor for
(Whatever Court)
Line 14: Put the street address
where the prosecutor will be served.
Line 15: Put the City, State
and Zipcode where the Prosecutor will be served.
Line 16: Sign your name, print
your name in Upper and Lower Caps then below that print your address.
Original goes to the
clerk of the court, one copy to the Prosecutor and one copy for you to keep and
have stamped by the clerk. Be sure and
NOT include the instruction sheets.
