Road Law – December 2024/January 2025
In this edition of Road Law, we follow up on a previous article about speed-detection devices and steps the courts have taken with the legal concept of “judicial notice” that might limit your ability to challenge the devices used today to measure speed.
Q: I received a traffic ticket and have done some research on how radar units work and the main problems regarding their accuracy. If I go to court, can I use my research material as evidence?
A: It depends. Speed-detection devices have been in use for so many years that most courts will not entertain expert testimony or other material as to how the radar works, etc., and apply the legal concept of judicial notice. Essentially, what this means is upon a motion (usually the prosecutor), a court will allow the introduction of evidence without the need for an expert witness, because it is so well known or has previously been attested to that it is not reasonably doubted.
Q: How does this work in practice?
A: The prosecutor would ask the judge to take judicial notice that XYF radar units have been in use for many years and that the Doppler effect is well known to be accurate in measuring the speed of moving vehicles. Further, no expert is required to establish the admissibility of the speed readout from XYF radar units. If the court takes judicial notice of the reliability of the unit, then the last line of inquiry is whether the reading was accurate.
Q: Is there any reason to question the radar?
A: Sure. Even though the court takes judicial notice that XYF radar units are reliable, accurate, etc., they still need to be calibrated, tuned and operated properly by the user.
The prosecutor generally will ask the officer or defense counsel to follow up with answers to some of these questions:
- Are you familiar with the use of XYF radar units?
- Did you receive training on how to operate and calibrate XYF radar units?
- Did you test and/or calibrate the XYF radar unit before, during and at the end of your shift?
- Do you have any official paperwork for any recent calibration or testing of the XYF radar unit?
- Do you have any certificates or have you received any continuing education on using XYF radar units?
- Are you familiar with external factors that might interfere with obtaining a valid speed measurement with XYF radar units?
So, while you may not be able to attack the base function or theory on how the machine operates, you can try to introduce evidence that might show that some external factor or lack of tuning or calibration could have interfered with obtaining an accurate speed measurement prior to your stop.
Q: Do I have any chance of success in trying to win this type of case?
A: It depends. The answer really hinges upon the case load of the court hearing your case. For example, if there are 100 people on the court docket for hearings, the judge is going to want to try to expedite matters and may want to limit the time taken to present each case. Although you may have a good case, you might want to consider talking to the prosecutor before trial to see if there is an amicable plea bargain that can be worked out, rather than taking your chances at trial. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.
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