Hi Ivan,
Just wanted to let you know that I had my hearing today in D. District Court and I was found not responsible. I cross examined the police officer for about 25 minutes. I introduced calibration certification for both the radar and tuning forks into evidence. They had not been certified for 32 months. I actually got the officer to admit that they should be certified annually (I was SHOCKED that he admitted this). The tuning forks were also not calibrated since 2008 and he did could not remember the last time he used them before issuing my citation. He also admitted that he has had no formal testing of his estimation skills and was never trained to estimate speed at night looking at a vehicle approaching from his rear view mirror.
In my closing argument, I mentioned Comm v. Whynaught and argued that while radar can be judically noticed, the unit must be proven accurate and in this instance it was not calibrated in 32 months before the issuance of my ticket, it was not calibrated with a tuning fork and the officer’s estimation of speed skills were unreliable.
It was GREAT!
I also argued a motion on the unconstitutionality of the $25 and $50 filing fees. It was denied without prejudice with the judge stating that he was aware the issue was before the SJC and I could renew my motion depending on their decision.
Thank you so much for all your help. If you ever need copies of my cross questions or I can help anyone else, let me know. I know more about radar and speed estimation now than I ever cared to learn, but it was well worth it.
Best
J D