NCJ Number
82329
Date Published
1979
Length
101 pages
Annotation
This work assists attorneys in preparing a defense against speeding charges based upon police use of radar; technical aspects of defense are emphasized.
Abstract
Introductory material provides insight into the large scale reliance placed upon police radar today and the need for a viable defense. Subsequent chapters describe what radar is and what it can do, compare military radar and the simplistic machines currently being used as traffic radars, and present an overview of traffic radar itself. The technical aspects of vehicular traffic radar are described. The author's courtroom experience as a radar expert is discussed, and guidelines are offered for the attorney preparing a technical defense. The tactics for the defense in a traffic radar case focused on establishing a reasonable doubt that the vehicle identification made by the arresting officer was correct. Details to be considered by the attorney include roadway description, mode of radar operation, time of day, weather conditions, and the arresting officer's testimony. To obtain a conviction, the State must prove that the radar operator was qualified to operate the device, that the radar was properly calibrated, that the tuning forks were accurate, that the defendant exceeded the limit by more than 3 miles per hour, and that the radar operates on the Doppler effect. A successful defense, therefore, will create reasonable doubt with regard to any of these elements. Tables, figures, an index, a glossary and a list of relevant court cases are provided.