Trial de Novo: LASER Laws and Questions for Trial Based on California Traffic Law
READ this:
40802(c)(1)(B) states: “When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.”
In Court Questions: (read the above code aloud in court prior to asking the below questions)
QUESTION: “Officer, have you successfully completed a 24 hour course on the use of Radar AND an additional 2 hour training course on the use of LASER in accordance with CVC40802(c)(1)(B)?”
If NO: Request an immediate dismissal from judge. Reason: Use of LASER is not legal without documented completion of BOTH courses.
If YES: Question: “Were both courses approved by the Commission on Peace Officer Standards and training?”
If NO: Request a dismissal from judge. Reason: Use of LASER is not legal without BOTH courses, therefore the LASER evidence is inadmissible.
If YES: Question: “Officer, do you have proof of course completion to prove that you are not in violation of CVC40802(c)(1)(B)?”
If NO: Request a dismissal from judge. Reason: Without PROOF of both successful course completion, the officer’s operation of LASER should not be considered legal, and the LASER evidence is inadmissible.
READ this:
40802(c)(1) Subparagraph (D) requires: “ The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
In Court Questions: (read the above code aloud in court prior to asking the below questions)
QUESTION: Officer, can you provide documentary evidence that your laser unit meets or exceeds National Highway Traffic Administration Standards in accordance with CVC40802(c)(1)(D)?
If NO: Request an immediate dismissal from judge. Reason: Use of LASER is not legal if the unit does not meet NTHSA (National Traffic Highway Safety Administration) standards.
If YES: Question: “ Can you give a detailed explanation of the NTHSA Standards that apply to your LASER?”
If says NO or stumbles on this question, request a dismissal from judge.
Reason: How can the officer vouch that his LASER meets NTHSA standards if he does not know what these standards are?
QUESTION: “Officer, do you have Proof of Radar calibration within 3 years by an independent certified testing or calibration facility pursuant to CVC40802(c)(1)(D)?”
If NO: Request a dismissal from judge. Reason: Without PROOF of proper calibration within 3 years by a facility that is certified and independent from the police department, the LASER evidence is inadmissible.
If Yes: Question: “Did you establish that the calibration was valid prior to issuing my ticket or in response to my contesting the violation?
If No: Request a dismissal from the judge. Reason: Officer did not establish PRIOR to issuing my citation that his LASER conformed with calibration standards pursuant to 40802 (c)(1)(C)(i).”
Final Statement to Judge:
Please do not allow hearsay statements by this officer to be substituted for the documentary proof he should provide to verify the required legal standards of his equipment and training. Since these standards have not each been properly and fully documented, I urge the court to dismiss my citation in the interest of justice.
22350 Cases Only (ADD these questions ONLY if you were cited under CVC22350)
40802 (c)(1)(C)(i) states: “The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
QUESTION: Officer, have you brought a certified traffic survey to court to prove that your use of radar to determine my speed was not illegal pursuant to Speed Trap time criteria established in CVC40802?
If NO: Ask the judge for a dismissal. Use of radar in this case is an illegal Speed Trap pursuant to CVC40802.
If YES: May I please examine this evidence? (Check to see if the survey is more than 5 years old. If so, ask for a dismissal from the judge since the road is survey is expired.
READ This:
40802 (c)(1)(C)(ii) requires that “ The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406.
QUESTION: What were the specific road conditions at the time of my stop? What objective evidence do you have that the speed you alleged I was traveling prior to my stop was “unsafe for conditions?”
(If the officer testifies to good road conditions, further question what objective criteria he applies to determine at what point a certain speed becomes “unsafe” for certain conditions. Question if these criteria are
totally personal or was he trained to understand the point at which a certain speed becomes “unsafe for conditions.”
Prosecution Must Establish that no Speed Trap Existed
READ this:
40803(b) requires that: “In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a
speedtrap.
To JUDGE:
Since the officer has failed to establish or document that his evidence is not based upon a speed trap, please dismiss my case in the interest of justice.