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Police Radar Calibration - The Old Bait And Switch Game
By: Richard Wallace II
Hi everybody, Richard Wallace here again with my latest article in the continuing series of articles. In this, the fourth article in the series, I am about to blow the lid off and truly reveal insider information on police radar calibration that will just leave you absolutely stunned and in complete disbelief. You will learn why I believe 3 out of every 5 speeding tickets has been written illegally or in error. Please read on.
The Law Of Radar Calibration
Every state here in the United States requires by law, every law enforcement agency be it local, city, state or federal, to either annually or semi-annually send out every police radar unit in that departments inventory to an independent laboratory for a complete inspection and certification. The purpose of this is quite obvious; we want to be sure that every piece of police radar being used be in proper working order so that mistakes are not made and speeding tickets not issued in error or unjustly. Ok, so how does all of this work and why does it matter?
First, we want an independent inspection performed which will assure the integrity of the inspection. We do not want the police to police themselves, which is why state law requires an independent laboratory conduct the inspections. All states require the yearly or semi-yearly inspections. Secondly the law requires that each and every law enforcement agency deliver to any laboratory that has been government certified to conduct these inspections, their departments police radar units. Thirdly, the law requires that every police radar unit in that departments inventory be sent out within that states yearly guidelines. The majority of law enforcement agencies all across the United States fail to confirm to these standards as required by law. This is why I feel that 3 out of every 5 speeding tickets has been issued either unjustly or in error of some kind.
I Conduct A Survey...
In the summer of the year 2003 I began to conduct a survey of various local, city and state law enforcement agencies all across the United States. I interviewed either on the telephone or in person a department member of each of these law enforcement agencies, which totaled over 150 departments. The survey took months and months to complete but nonetheless it was finished late in 2004. The focus of this survey was quite simple actually; I was looking to find the answers to two questions in two subject areas. The first question revolved around finding out how many police radar units any given department had, followed up with did each and every radar unit get sent out for inspection as required by that states law. The second question was a follow-up question based on the answer to the first about the number of units any given department had in its inventory. What I attempted to elicit from the department official I interviewed was if that department sent an officer to court with calibration and inspection paperwork from a police radar unit that they knew not to be from the unit the police officer was operating at the time the speeding ticket he was going to court for was issued. The answers to these questions in these subject areas were just startling and left me in complete disbelief.
The Survey Says...
Out of the over 150 different local, city and state law enforcement agencies that I interviewed, I learned that 127 or the majority of these agencies had in their departments inventory police radar units that were routinely being used yet had not been sent out within the mandated annual or semi-annual inspection period. Further, 107 of these law enforcement agencies admitted that their officers went to court with calibration and inspection paperwork from a police radar unit that may have been different from the one they were operating when the speeding ticket they are now appearing in court on was issued. Many times I was told, the officers were not aware of what I called the bait & switch of the calibration and inspection paperwork. These officers would go into court and testify under oath that the paperwork they brought with them that day into court was in fact from the actual police radar unit they were using when they issued the speeding ticket that was the subject of the court case they were now testifying about. Let me explain how and what this information means to all of you who receive a speeding ticket and plan to fight back in court. This piece of information alone could be the one thing that makes your case and breaks the states case against you.
The easiest way to sum up what I learned from this independent survey was to just use my own police department as an example. Many of you are well aware that I am a retired police officer from the State of Connecticut with over 14 years of loyal and faithful service. I was forced to retire in 1996 due to a line of duty injury, which caused me a permanent disability. My own department had about 6 radar units in our inventory. We would send out 1 or 2 of those 6 radar units to be inspected and certified by an independent laboratory each and every year as required by Connecticut Law, yet we would use all 6 of those radar units all the time. Many of our radar units had not been sent out for inspection in years. If and when we had to appear in court on a speeding ticket matter, my department provided to me paperwork from whatever radar unit had been sent out for calibration and certification that year, even though it may have not been the unit I was using when I stopped the motorist for speeding who was now appealing his ticket in court. Oftentimes I knew I had paperwork from a different unit and other times I did not. As is the case in most states, it takes months and months for a speeding ticket matter to be brought up in court for trial and by that time many officers forget which piece of police radar they were using when they made that traffic stop and issued the speeding ticket. It is this reason most officers are unaware they are going to court with paperwork that may not necessarily be from the unit they were using many months ago. So just using my own department for example, if we only calibrated 2 out of the 6 police radar units in our inventory each and every year as required by law, then every speeding ticket issued with those 4 police radar units that were never sent out for inspection and certification were issued either illegally or unjustly, thus bringing me back to why I believe that 3 out of 5 speeding tickets issued every day in the United States was issued unlawfully. This "bait & switch" practice did not just occur in my own department, based on the survey I conducted it appears as though it takes places in the majority of law enforcement agencies all across the United States and most likely everyday.
How This Helps You Beat Your Ticket
Ok, so now we know the truth, that the majority of law enforcement agencies are unlawfully using police radar every day. What does this mean to you, the motorist or to you, the operator who has received a speeding ticket and wants to fight back? It means that you are know armed with true insider information that you can use to help you beat a speeding ticket that was issued with police radar.
Many of us have long suspected that the police do not play fair or by the rules, and the results of my survey clearly point this fact out. Let me tell you how we use this "bait & switch" against those law enforcement agencies who don't play fair or within the scope of the law. If you find yourself on the receiving end of a speeding ticket where police radar was used, the most important piece of information you need to obtain with your discovery request is a list of all models, makes and serial numbers of each and every police radar unit the arresting department has in its inventory along with the calibration and certification paperwork from each unit. You may be met with some resistance but you must be determined to obtain this important list. Seek the assistance of the trial court if you are having difficulty with the arresting law enforcement agency. The obvious reason you want this list is to check and be sure that this department has calibration and certification paperwork for each and every radar unit they have in the inventory. If you discover they have 20 pieces of police radar and only have calibration and certification paperwork for say 15 of those units, that means 5 of their radar units may or are being used in violation of state law guidelines. You want to bring this to the attention of the court. The point you want to make is to get the court to believe this law enforcement agency may have used a radar unit to stop and ticket you that had not been sent out for calibration and certification. You want the court to suspect the department may have used one of those 5 units unlawfully. This creates reasonable doubt in your case and you could easily win a complete dismissal of your speeding ticket.
As I have explained to you in my other three articles as well as in my book entitled "An Educated Guide to Speeding Tickets - How to Beat & Avoid Them!", if you are unfortunate to find yourself on the receiving end of a speeding ticket you must remember to remain calm, be polite to the officer, cooperate without admitting any guilt, and do not be afraid to use a good excuse or ask for a written or oral warning from the officer. And always appeal each and every speeding ticket because the odds are in your favor if you fight back and go to court. Over 50% of those who appeal their speeding ticket win in some fashion, be it a compete dismissal or at least a reduction in either the fine or points on their driving record.
For those of you who received a speeding ticket and police radar was used, you must follow my advice and first, appeal your ticket in court, and then request all calibration and certification records from each and every piece of police radar the arresting department has in its inventory. If you follow my advice as discussed in this article, you should be able to raise doubt if you have uncovered a department has not conformed to the calibration and certification laws in your state. You should also follow all of the tips, tactics and strategies I talk about In my book the "Educated Guide to Speeding Tickets." You should do your homework and prepare for your day in court. Feel free to contact me if you have any questions or need advice. You can contact me via my website or telephone number as found in the "Educated Guide to Speeding Tickets" book again which is available for purchase right here.
I hope you found this article both revealing and easy to understand. Thank you for taking the time and interest in the reading of my articles. May God bless us all and keep us safe upon the highways and byways.
About the author:
Richard Wallace II is a former police officer and author of the book An Educated Guide to Speeding Tickets - How to Beat & Avoid Them! To read more articles from this series, or to find out more about speeding tickets or radar detectors, visit http://www.BuyRadarDetectors.com
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