NOTICE OF RADAR CALIBRATION REQUIREMENT

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.

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Signed

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Name

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Location

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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__.

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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.