Quote:
Originally Posted by slyphen
When the lawyers fight this kind of case they will use the same strategy. A technicality. If the instrument is not calibrated then there is a lack of evidence. Same if the officer doesn't show. This is stated in title 49 of Washington traffic law not something I'm jus trying to bring up and hoping to sway the judge in opinion
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I don't think an attorney will go through the trouble of issuing a subpoena just to see if the cop shows up. Be prepared to cross examine the cop on his training and radar gun if you do. No subpoena and the cop isn't required to be there.
I once sat in a court room where the cop testified that she was trained to visually estimate a car's speed from a stationary position with a 5 mph degree of error. She pulled a car over when it zipped passed her, and it turned out to be a DUI. She put in the report that the car was traveling approximately 45-50 mph. The judge ruled that the stop was legal and the cop was treated as an expert.
The gov't just has to show that it was more likely than not that you were speeding. What I meant by knowing strategies and rules has more to do with strategies. Filing a motion to dismiss in advance, allowing the gov't to file a response, and arguing the merits at a hearing is appreciated by the judge.