Court dumps the speeding ticket

[Mom]

My buddy was given a speeding ticket, 117 in 100 zone from a mobile cop using Stalker DSR. He didn't think he was speeding so decided to take it to court.

Court agreed. Found the cop was trained on radar in 1999 - that was the date of proficiency certificate. So it only applied to Stationary Radar, as stalker DSR mobile radar was not around.

Also, the certificate of calibration of the radar was dodgy, but was not admittied as evidence. Certificate was based on assumption that tuning forks are infallible - Police could not show they had been checked to a standard.

So if you think you got a ticket unfairly check the cop has a certificate of proficiency on MOBILE radar if applicable and ask the police to show how they know the tuning forks are OK.

Cheers Dave

Gosh all that time wasted for a little ticket....hope he did not pay anyone to help him defend it.....

[davereid]

I disagree... if you did the crime pay the fine... but if you didn't, fight it at all costs.

[bell]

Cheers for the insights into radar dave, been waiting for a website like yours to spring up for a while now. :

[Lou Girardin]

Yip, I've used both and haven't killed anyone by mistake yet. (I've read the instruction manual).

You are clearly over-qualified.
Make this man Commissioner.

[scumdog]

Most cops can't spell Doppler, let alone explain it. But what you're saying is that, if a cop trained to use the old Smith and Wesson .38's, he's quite capable of safely using a Glock.

Sort of like getting your drivers licence in a Bambina means you're quite capable of driving a F150 too......?

[craigs288]

Top man. Thanks for the info

[spudchucka]

Spudchucka. I would like you to clarify your statement.

No worries but you have asked quite a few questions so I'll have to chop your post up in order for the answers to make sense.

Are you saying that the radar is removed and calibrated once a year, in an accurate and detailed manner by an appropriately authorised technician or engineer?

Yes. If look on the radar units you will see a sticker stating when the next calibration is due. As I recall they go away to a branch of the ESR that is qualified to check and calibrate the units.

And that the tuning forks are used by the officer prior to use on a daily basis to verify the unit is within the specified allowable error (+/- 0.6km/h)?

The tuning forks make up part of the daily checks required to ensure that the unit is functioning correctly. There is also an internal check sequence that the radar unit carries out on itself. The daily checks are recorded in a log book. There are two forks, the pitch of each represents a certain speed. The speed represented is stamped on the tuning fork, if the radar unit displays anything other than speed stamped on the tuning fork then the unit is FUBAR. The speeds on the tuning forks aren't whole numbers though, the 64.8kph fork can give a reading of 64 or 65 or sometimes the radar display will dance between each. This is acceptable. (Each fork has its own serial number)

To repeat someone else's question, how often are the tuning forks checked for accuracy, and to which/what international standard, if any?

They go away with the radar unit and are checked at the same time. I have no idea what the international standard is because its not me doing the calibration.

Is there an assumption that the tuning fork will never change, even if dropped or bent, or even due to temperature changes? Which will obviously affect the fundamental frequency of the tuning fork.

No. Thats why they also get checked anually.

Also wondering if I have the right to demand that the certificate of proficiency of the officer, the calibration certificate of the radar, and also some sort of certification of the tuning forks are all current and correct before I even begin to accept that my speed was recorded accurately?

As I've never had a speeding ticket defended I have never actually seen a certificate of accuracy. I'll make a big assumption and suggest that the checks of the tuning forks make up part of that certificate.

Do I also have the right to demand that the radar and tuning forks are retested after the date on which I was cooked with radar, to ensure they had not become unacceptably unaccurate between their last calibration and the date I was issued with a ticket?

That simply isn't practical. Can you imagine how disruptive it would be to police operations if they had to rip a radar unit out of a patrol car and send it away for post operational checks each time it was used to issue an infringement notice.

The checks are done to ensure accuracy. I have no idea who set the once a year recalibration standard but lets assume that it has something to do with manufacturers recommendations and internationally accepted standards.

I would like to think I have the rights to ask these questions and demand accurate answers, considering that my taxes pay for this equipment and the police wages. I would also like to think that I have the right to demand that they prove the "crime" I committed beyond a reasonable doubt, rather than just assuming they are correct and accept the outcome.

Speeding isn't a crime, its an offence against the Land Transport Act and Transport Regulations. The courts have set standards of proof required, officers are to be trained and equipment checked for accuracy etc etc.

[craigs288]

Thanks for that information, Spudchucka.
Much appreciated.