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Originally Posted by Flying Dutchman  Ok all you law enforcement officers, answer me a question since I am apparently dumb:
If you issue a speeding ticket, and it goes to trial.........if you are asked to produce your radar log, or whatever log you use to document when you tested the radar, by the defense, are you not supposed to produce it?
I was told in court today that Kansas law states that an officer DOES NOT need to show the log or show proof of documenting testing of the radar equipment. News to me. Since the judge, prosecutor nor the officer could site exactly what that law is, I think it is wrong.
Also........I was unaware that testing, or having the tuning forks tested for calibration, wear and tear, or damage, is every three years. I remembered it being 3 to 6 months. Basically, if the fork is damaged (which can only be determined by a technician specializing in that field) (and it has only to be dropped to knock it off calibration) and that same damaged fork is used to test the equipment, then the tests would be in-accurate everytime the fork is used. Imagine sending the fork in and finding out it was out of calibration. There is no way to find out when it was out, so legally one would assume that every test done by the fork since it's last check would be invalid. 3 years of tickets all invallid.
Well, in Garden City, if you go to court be prepared to be told that the officer does not have to prove the equipment was tested......that the officer (state) does not have to prove the radar they used was even the one in the vehicle..........that Supreme Court case law requiring the state to produce logs is not considered applicable in Kansas (According to the judge). This is going to be a very fun appeal. Just wondering if any officers are told this also. |
NEVER NEVER expect to have a intelligent or fair ruling from a municipal court or magistrate judge- it will never happen. They make their own rules and will side with the officer every time.
The only time you can expect to have a fair ruling is in an appellate court with a real judge. Even then, they will be biased for the cop. The higher up you go, the less this occurs.
Many magistrates are former cops- Freelove is an example. He'll rule for the cop every chance he gets.
It's a joke!