Possible defense? Officer failed to follow callibration procedure.

This is a discussion on Possible defense? Officer failed to follow callibration procedure. within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I've not yet attempted to request any other documents recommended used in defense of a speeding ticket but I intend ...

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Old Nov 25th, 2008, 11:44 AM   #1
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Default Possible defense? Officer failed to follow callibration procedure.

I've not yet attempted to request any other documents recommended used in defense of a speeding ticket but I intend to.

My question however is if I can use the following to my advantage.

When I was pulled over the officer stated that he passed me on the opposite lane and made a U turn to pull me over. When he clocked me, he stated it was at 71 at which point he says I speeded up and made it look as if I was going to run. I pulled over and he issued me the citation. It was only after signing did he ask, and state that he was required by law, if I wanted him to calibrate the unit. Now my short time researching has yielded this.

Quote:
O.C.G.A. § 40-14-5 (2008)

§ 40-14-5. Testing; removal of inaccurate radar devices from service

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
How detrimental can this be to his case? How useful is it to me?
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Old Dec 10th, 2008, 08:45 PM   #2
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Default Re: Possible defense? Officer failed to follow callibration procedure.

yes that can be very detramental to the case against you, if the officer wrote the citation before asking you, then technically speaking (and eveything in court is based on technicalities) he had no right to give you a citation, just like when you arrested nothing you say can be LEGALLY held against you UNTIL you have been read your miranda rights, so if you decide to fight the ticked make that a strong point in your case, but if you could please answer me one question, where the hell do you find information about the traffic system like that, i live in michigan and cant find anythign about the rules and regulations on radar and laser guns and tuning forks and certificates.... maybe you can help, if so please reply to my email kvardiman812@yahoo.com
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