NOTICE OF TEXAS RADAR CERTIFICATION PROCEDURE

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §          __________________ COUNTY, TEXAS

NOTICE OF TEXAS RADAR CERTIFICATION PROCEDURE

I. Need for Certification

A. Courts have recognized certification as an effective measure of skill in operating various instruments.

1. New Jersey Vs Douglas Wojtkowiak-court determined that:

     “a properly calibrated speed detection devise, has a high degree of scientific and operational reliability when used.. by persons having at least three hours of classroom training and two to three hours of practical instruction together with some minimum experience prior to use in law enforcement The court on the records before it, cannot specify what the minimum experience should be, but holds that eighty hours is, beyond doubt. Sufficient.”

2. Because of the high degree of skill and judgment required to operate RADAR reliably, court suggested periodic follow-up training to verify, continuing qualification as RADAR operator.

II. Certification

            A. Procedure

1. Instructors (at least one Lieutenant per district ) will attend a training session in Austin for the purpose of insuring course content, uniformity and to emphasize need for careful and comprehensive instruction and training of RADAR operators in the field.

2. Instructional unit has been prepared by Highway Patrol Training Committee.

3. Lieutenants, following Austin training, will present classroom Phase to Sergeants and troopers.

a. Five hour presentation with written examination.

4.  Sergeants (or trooper designated by instructor) will conduct operational phase of training after certification by instructor.

a. Internal calibration check.

b. Tuning fork calibration check.

c.  Check of unknown vehicle speeds to establish competency

(5 moving mode-5 stationary).

5.  Operational check sheet for field instructors.

6.  Certification of operator following successful completion of course

a.    Certificate.

b.   Wallet size card

III. Certification of New Personnel.

            A. Recruit Trainees.

1. Classroom phase presented in recruit school (proposed).

2. Operational phase within 60 days after field assignment.

            B. Transfers from other services-reinstatements.

1. Classroom and operational test must be completed prior to certification.

2. Prior to certification transferee will operate RADAR only under oversight of certified operator.

3. Reinstatee will be required to pass certification test if his certificate has expired.

IV. Loss of Certification

A. Sergeant may suspend certification of a trooper

1. Lack of proficiency noted by supervisor.

2. Inaccurate readings in spot checks.

B. Supervisor may require field re-examination of operator as he deems  necessary.

V. Re-certification

A. Biannually

1. Certificates to expire on August 31 in even years.

2. Presentation of any new materials or case law.

3. Competency exams without lecture.

4. Certificate validated for two years.

________________________________________

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 certified mail, return receipt requested, 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.