Oh oh, ticket!

[KCALB SIRAY]

Originally Posted by camelll

That printed receipt of the speed, distance and time cannot solely be used against you because this is a criminal proceeding and not a civil. You have the right to confront and cross examine your accuser regardless of how minor or major the offense. Using a sheet of paper no matter if it is official and documented is technically hearsay if the officer has not been cross examined or given a statement in front of a judge after being sworn in. If the cop died before the court date I don't know what would happen, they may be able to use the document in those circumstances but not sure.

The judge can arrange for cross examination of the accuser at an earlier date at their convenience but they still have to be present to be cross examined as well as your council and a judge, this testimony must be sworn. What do you think the judge would do if you did not show up? You would be found guilty or have a warrant issued for your arrest, just as if the officer does not show up you will more than likely have the case dismissed.

Now the judge can certainly move the court date to another date and time if he chooses, this is well within his power, but the officer is wasting the courts time by not showing up.

LADAR is also know as LIDAR.

you my friend are 100% correct on a few things. The only thing he has to do if he proceeds to confront is to raise a question of doubt and he's good to go. It won't be hearsay as he will be giving the statement of his findings. Key word there is findings. That receipt is not the sole piece of info that will be presented, as the officers sworn testimony will be presented as well a signed equipment inspection sheet explaining when the instrument was serviced/checked etc. So far our OP has his word, and that's about it and from what he said, he was above the speed limit. he could however go get the calibration test done, but it will most likely have to be off greater than 3mph. The good thing here is there was no set speed offense, its a failure to comply. He might be able to walk out of the court by just paying the court cost and no points. He has to play his cards right though